The LifeCard Terms International
These Terms apply to all non-US residents.
Effective Date: 15-09-2025
1. Introduction and Agreement
These Terms and Conditions ("Agreement", "Terms", "Card Terms") govern the issuance, activation, and use of The LifeDAO Crypto Card (hereinafter "The LifeCard" or "Card"), a product provided by The LifeDAO Association ("TLD", "we", "us", "our", "Issuer") in partnership with Zypto, VISA, and other third-party service providers.
By applying for, activating, creating, or using The LifeCard, you ("Member", "User", "Cardholder", "you") agree to comply with and be bound by this entire Agreement. If you do not agree, you may not apply for or use the Card.
This Agreement is provided to you by The LifeDAO in connection with your status as a client/customer/authorized user and pursuant to your separate User Agreement between you and The LifeDAO (the "User Terms"). The Issuer has opened an Account for purposes of facilitating transactions you make using a Card based on a limit established by the Issuer pursuant to the User Terms. You understand that you have access to the Services and LifeCard only to the extent authorized by the Issuer.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA. All disputes will be resolved in accordance with Section 19 (Governing Law and Jurisdiction) below.
Defined Terms:
"Account" means the account opened by the Issuer to facilitate your Card transactions.
"Card Networks" means the payment card networks including Visa or Mastercard.
"Charge" means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.
"Chargeback" means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized.
"Fee" means charges we impose on you for use of Services or your use of a LifeCard.
"Issuer" refers to the issuer of the card program. The issuer for this card program is The LifeDAO Association.
"Periodic Statement" means the periodic statements that reflect activity for all Cards issued to you identifying charges, fees, refunds, or other amounts owed or credited to your Account during the time covered by that statement.
"Supported Blockchains" means the Ethereum Blockchain, Polygon Blockchain, Optimism Blockchain, Arbitrium Blockchain and other blockchain networks which may be added at the sole discretion of Issuer.
2. Eligibility and Acceptance
2.1. You must be an active member of The LifeDAO, having paid the annual membership fee of USD $25, and successfully completed KYC/AML verification via our partner Sumsub.
2.2. The LifeCard cannot be issued to members who reside in the following countries:
Russia, Belarus, Venezuela, Cuba, Iran, Syria, North Korea, Ukraine, Turkey, Israel, Mainland China, India, Vietnam, Nepal, Iraq.
You cannot use The LifeCard to spend in the following countries:
Syria, Iran, Cuba, North Korea, Russia, Ukraine, Venezuela.
* TLD expressly reserves the right to amend, modify, or supplement the lists of restricted countries specified herein at any time, in its sole discretion, and without prior notice to the Member. Such amendments shall be immediately effective and binding.
2.3. Accepting this Agreement & Eligibility These Card Terms become effective and legally binding when you activate or create your Card by following the instructions on the platform. You should retain and carefully review these Card Terms. By creating a card, you agree to the Arbitration Clause below as it pertains to this agreement, even if you do not use the Account or the Card.
By using a Card you represent and warrant in your individual capacity that:
You are not a person who is blocked or sanctioned by the United States Government, including those identified by the United States Office of Foreign Asset Controls (OFAC).
You will use the Services exclusively for purposes permitted by these Card Terms.
All information you provide to us is and will be true, correct, and complete.
You will use The LifeCard for personal, family, or household use.
You will only use The LifeCard in compliance with applicable law.
3. Card Features and Usage
3.1. The LifeCard is a prepaid debit card linked to your TLD non-custodial wallet. It allows you to convert supported cryptocurrencies into fiat (USD) for use at merchants and ATMs worldwide where VISA is accepted. 3.2. Both virtual and physical cards are available (physical card issuance begins in 2026, additional costs may apply). 3.3. The Card may be added to Apple Pay and Google Pay for NFC/contactless use. 3.4. The Card cannot go into negative balance. Transactions exceeding available funds will be declined. 3.5. No IBAN, direct bank account, or custodial fiat services are provided.
4. Supported Currencies and Top-Ups
4.1. Supported cryptocurrencies and the associated blockchain protocols are, at present, USDC, USDT, and such other digital assets as TLD may elect to support. The supported protocols currently comprise Ethereum, Arbitrum, Optimism, Binance Smart Chain, and Polygon PoS. 4.2. All top-ups are subject to fees as stated in the Fee Schedule (Section 7). 4.3. Minimum top-up amount is USD $10 equivalent in supported crypto. 4.4. Top-ups are irreversible and final once confirmed. 4.5. Fiat top-ups are not supported.
5. Card Tiers and Limits
Tiers are Basic, Basic+, and Premium. 5.1. Limits, fees, and benefits vary per tier (see Fee Schedule, Section 7). 5.2. Premium tier includes higher limits and waived physical card issuance fee. 5.3. Balance, ATM withdrawal, and transaction limits are strictly enforced.
5.4 The table below outlines the limit details for The LifeCard Basic, Basic+, and Premium tiers.
Tier
Basic
Basic+
Premium
Google & Apple Pay support
Yes
Yes
Yes
Round-up savings
Yes
Yes
Yes
Interest-free loan
No
Yes
Yes
Profit sharing
Basic
Basic
Enhanced
Balance limit
$250,000
$500,000
Unlimited
Daily & Monthly POS limit
$50,000
$100,000
$175,000
Daily & Monthly TX limit
$50,000
$100,000
$175,000
Daily ATM limit
$500
$500
$750
Monthly ATM limit
$15,000
$15,000
$22,500
Physical card issuance fee
$25 + shipping
$25 + shipping
Shipping only
Card replacement fee
Virtual: $5
Physical: $10 + shipping
Virtual: $5
Physical: $10 + shipping
Virtual: free Physical: shipping only
Spending Limit Your spending limit is generally set by the Issuer pursuant to the terms of the User Terms. Issuer may additionally set spending limits on each LifeCard or an aggregate spending limit across all LifeCards, at its sole discretion. Account Spending limits are dynamic and may be modified at any time with or without notice to you, including temporarily increases or decreases or reducing spending limits to $0. Any authorized Charge or fee on a LifeCard may reduce your spending limit by a corresponding amount.
When you use a LifeCard to initiate a transaction at certain merchants where the amount of the final transaction is unknown at the time of authorization, Issuer may assess a value to such a Charge for an amount higher or lower than the final Charges. The initial "hold" Charge will reduce your spending limit until the final Charge is determined.
6. Shariah Compliance
The LifeCard is fully shariah-compliant:
No interest (riba) is charged.
No uncertainty (gharar) or gambling (maysir).
Round-up savings and 0% loans (qard hassan) are available features, funded by TLD members.
All supported crypto tokens are screened for shariah compliance.
7. Fees and Charges
7.1. Subscription Fees:
Basic: $25/year
Basic+: $50/year (Varies during limited-time early bird offer)
Premium: $125/year (Varies during limited-time early bird offer) (*subscription waived if spending exceeds $100,000/year*)
7.2. Usage Fees:
Transaction Fee: $0.30--$0.40 depending on tier
Top-Up Fee: 1.15%--1.95% depending on tier
ATM Fee: 1.0%--1.5% depending on tier
FX Fee: 1.75% across all tiers
7.3. Card Issuance and Replacement
Virtual Card
Issuance: Free (covered under your subscription)
Replacement: $5 (Premium: free)
Physical Card
Issuance:
Basic & Basic Plus: $25 + shipping
Premium: shipping only
Replacement: $10 + shipping (Premium: shipping only)
Lost/Stolen Replacement
Same as standard replacement terms above
7.4. All fees are deducted directly from your in-app wallet or Card balance at the time of transaction.
Additional Fees: Subject to applicable law you agree to pay the following fees: We will disclose any Fees to you when you are approved for a LifeCard through your Account, by updating these Card Terms, or through our website. We may update, add, or change Fees upon 30 days' notice to you. Fees we assess may include periodic fees, fees for Card issuance or replacement, fees applicable to certain transactions, foreign transaction fees, usage fees, service fees, cash advance fees, fees for late payments, fees for failed payments or returned payments, fees for misuse of the Services, fees for Liquidation Events, or other fees we disclose to you. You are responsible for Fees in addition to Charges.
7.5 Penalty fees
Liquidation fee / Returned Payment Fee: Each time a payment on your Account is returned or reversed for any reason or we must return any check, instrument, or transaction you send us because it is incomplete or faulty, we will charge you a returned payment fee of $29.00. However, we will not charge a returned payment fee if we are charging a late fee with respect to the same minimum payment due and will never charge a returned payment fee exceeding the minimum payment due that was due immediately prior to the date on which the payment was returned to us.
Additional fees: We may charge fees for special services you request in accordance with applicable law.
7.6 Foreign Currency Transactions If you make a transaction using your Account in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the credit card association will convert any transaction in foreign currency into U.S. dollars using an exchange rate for the applicable central processing date that is (1) selected by the association from the range of rates available in wholesale currency markets, which rate may vary from the rate the association receives, or (2) the government mandated rate. The conversion rate you get may differ from the rate on the transaction date or the posting date, and from the rate that the credit card association gets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before sending it to the credit card association. A Foreign Transaction Fee of up to 1.75% applies across all tiers.
8. Profit Sharing and Surplus Distribution
8.1. Revenues generated from The LifeCard (transaction fees, top-ups, etc.) flow into the TLD fund. 8.2. Surplus from the fund may be distributed to members according to TLD's association model and surplus allocation rules. 8.3. Premium tier holders may benefit from enhanced surplus allocation due to a higher TLD Credit ownage.
9. Round-Up Savings & Loans
9.1. Cardholders may activate round-up savings, where each transaction is rounded up and the difference is saved in by yield-bearing USDC or BTC. 9.2. A portion of these savings funds the 0% interest loan pool. 9.3. Loans are qard hassan (benevolent loans), subject to eligibility and repayment history.
10. Security and Data Protection
10.1. KYC/AML data is collected and verified by Sumsub and shared with Zypto for card issuance. 10.2. All data is handled under strict security and privacy protocols. Details on the collection, use, and handling of your personal data are described in our Privacy Policy. Please review it carefully and contact us if you have any questions. By opening, using, or maintaining a Card, you consent to and direct Issuer to share information relating to transactions, including receipt information or other personal data, in order to deliver the Services.
11. Card Expiry, Cancellation, and Termination
11.1. Cards are valid until (2030) unless otherwise stated. 11.2. If your membership or subscription ends, your Card remains active for 1 month but cannot be topped up. Remaining balance will be transferred to your in-app wallet after expiry. 11.3. You may cancel your subscription at any time at no additional cost. 11.4. TLD reserves the right to suspend or terminate your Card for breach of these Terms, fraud, or regulatory non-compliance.
Termination: Subject to applicable law, we may suspend, revoke or cancel your Account privileges, your right to use the Card or deny any transaction, in our sole discretion at any time, with or without cause and with or without giving you notice. Any termination of credit privileges, whether initiated by us or by you, will not affect any of our rights or your obligations under these Card Terms, including your obligation to repay any amounts you owe us according to the terms of these Card Terms. On our demand or upon termination of credit privileges, you agree to surrender to us or destroy the Card. If you attempt to use the Card after the termination of credit privileges (whether or not we have provided notice of such termination), the Card may be retained by a merchant, ATM or financial institution where you attempt to use the Card.
12. Restrictions
12.1. You may not use The LifeCard for unlawful purposes, including but not limited to: money laundering, terrorism financing, sanctions evasion, gambling, or fraudulent activities. 12.2. The Card must not be resold, transferred, or used by non-members. 12.3. TLD reserves the right to immediately revoke, suspend, or terminate this Agreement and the use of the Card, without prior notice, upon determining, in its reasonable belief, that a user or a transaction presents an unacceptable level of risk, is fraudulent, or involves activity deemed suspicious, illicit, or in violation of any governing statute or regulation.
Purchases & Restrictions: The primary purpose of your Account is to facilitate corporate expenses and other corporate purchases. The Issuer reserves the right to block and terminate transactions and suspend access to your Account, unless prohibited by applicable law, for transactions and activity which presents patterns that do not conform with business purposes. You may use your Account to purchase or lease goods or services (each, a "purchase") by presenting your Card or providing to participating merchants and establishments that honor the Card your Card number and additional information by any other means (for example, over the phone, online or through a mobile app).
We will not be liable to you (or anyone else) if any merchant or other person cannot or will not process a purchase permitted under these Card Terms. Unless prohibited by applicable law, we may from time to time limit the type, number and dollar amount of any purchase, including any cash-like transaction, even if you have sufficient available credit to complete the purchase. Cash-like transactions include, but are not limited to, the following transactions to the extent they are accepted:
purchasing travelers checks, foreign currency, money orders, wire transfers, cryptocurrency, other similar digital or virtual currency and other similar transactions;
purchasing lottery tickets, casino gaming chips, race track wagers, and similar offline and online betting transactions;
person-to-person money transfers and account-funding transactions that transfer currency; and
making a payment using a third-party service including bill payment transactions not made directly with the merchant or their service provider.
We reserve the right to deny any purchase for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the purchase. We may terminate or suspend your use of the Card or the Account, with or without notice to you before or at the time we take such action. Cash advances and balance transfers are not available under these Card Terms.
You acknowledge and agree that you will not use the Life Card (1) for any expense which is not a business expenses incurred by you; (2) for any purpose prohibited by these Card Terms; (3) for, with, or for the benefit of any individual or entity who is blocked or sanctioned by the United States, including those identified by the United States Department of Treasury's Office of Foreign Assets Control (OFAC); for personal, family, or household use.
13. Dispute Resolution (Transactions & Chargebacks)
13.1. In case of failed transactions, users should consult the transaction history in the dashboard. 13.2. Disputes regarding unauthorized transactions, fraud, or chargebacks must be reported within 30 days. 13.3. Zypto, VISA, and TLD collectively handle disputes in accordance with applicable card network rules.
Chargebacks: You are responsible for reviewing your Periodic Statements promptly and identifying any Charges that you believe are unauthorized or that you dispute.
If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your Account. You must report any disputed Charge or error no more than 60 days after the disputed Charge is posted on your Periodic Statement. We may require additional details on the transaction and our review of your disputed Charge will be conditioned on you providing all of the information we may require to review the disputed Charge.
You understand that The LifeCard is subject to Card Network rules regarding chargebacks. The Card Networks have additional established procedures for resolving chargebacks that may require you to provide further details of the disputed Charge or associated documentation.
Charges relating to disputed Charges and Chargebacks that are pending resolution may still be due and owing as of the date that payment is due as provided in the applicable Periodic Statement. Chargebacks resolved in your favor will be credited to your Account on either the current or a future Periodic Statement. We may impose Fees, reduce your spending limits, or suspend access to your Account or the Services if you fail to pay Charges relating to Chargebacks that are pending resolution on the payment date.
14. Liability
14.1. TLD is not liable for:
Losses from crypto price volatility.
Network failures, gas fees, or delays in blockchain confirmations.
Actions of third-party partners (e.g., VISA, Zypto, Apple Pay, Google Pay).
14.2. Your liability is limited to your available Card balance.
15. Payments
15.1 Promise to Pay You promise to pay Issuer or its assignees for all amounts charged to the Account, including all purchases, fees, and charges charged to your Account. You are obligated to repay the Issuer or its assignees, for all transactions made using your Card by people you have authorized to use the Card even if their use of the Card exceeds the authorization which you gave them.
15.2 Periodic Statements You are responsible for payment in full of all Charges and Fees. Your Account may include Periodic Statements identifying Charges, Fees, refunds, the amount of your Collateral, any other Card transactions, or other amounts owed or credited to your Account. Periodic Statements may be made accessible to you on your Account daily, monthly, or as otherwise prescribed by Issuer. You must notify us promptly if you believe that there are any errors on your Periodic Statement and submit any disputes or Chargebacks in accordance with these Card Terms. We are not obligated to send you a monthly statement if we deem your Account to be uncollectible or applicable law does not require us to send you a monthly statement for other reasons.
15.3 Repayments Where applicable, you may make a repayment for a balance on one or more of your LifeCards by any means that are permitted and as provided in your Account. Any failure to pay the full amount owed to the Issuer when required is a breach of these Card Terms. You are responsible for all costs or expenses that we may incur in collecting amounts owed but not timely paid, including legal or collections fees.
15.4 Prepayment At any time and where applicable, you may pay all or any part of your outstanding Account balance, without penalty. Payment of more than the payment due in one billing cycle will not relieve you of the obligation to pay the entire payment due in subsequent billing cycles.
16. Managing Your LifeCards
16.1 Requesting and Replacing Cards We or the Issuer may decide not to grant requests for LifeCards or limit the number of physical or virtual LifeCards provided to you.
You are responsible for securing LifeCards, account numbers, and LifeCard security features. You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a LifeCard is lost, stolen, breached, or needs to be replaced. In such cases, you may request the issuance of replacement LifeCards through your Account. Replacement Cards may have new account numbers that could require you to update The LifeCard on file for any scheduled or recurring payments. You are solely responsible for updating LifeCard information stored with merchants where account numbers have been changed.
16.2 Permitted and Unauthorized Use You may only use LifeCards for bona fide business-related Charges and transactions, and not for personal, family, or household purposes. You understand that your Account is commercial in nature and that certain consumer protection laws, such as the Credit Card Consumer Accountability, Responsibility, and Disclosure Act of 2009, do not apply to your Account or The LifeCards. You agree that all Charges and other transactions in your account will be treated as business transactions made solely for business purposes.
You agree to establish and maintain controls designed to ensure that The LifeCards are only used by you and your permitted authorized users for bona fide business purposes and in compliance with these Card Terms, any Issuer terms, the Platform Agreement, and applicable law. You are responsible for Charges and transactions made by any person given access to LifeCards even if they are not the person associated with or named on The LifeCard.
Issuers, Card Networks, or other intermediary third-party service providers (including merchant acquirers) may deny or reverse Charges for any reason. Issuer is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed.
16.3 Lost or Stolen Cards If your Card is lost or stolen or if you think someone may be using your Card or Account without your permission, you must notify us promptly. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before receipt of your notice by us. You have an obligation to assist us in our investigation if your LifeCard is lost or stolen or you believe someone is using your LifeCard or your Account without your permission.
You will use all reasonable means to protect your LifeCards and log-in credentials to the Account from unauthorized use. You will not allow any other person or third party to use the Services or The LifeCard on your behalf. You will immediately notify us where you know or suspect that access to your Account has been compromised or your LifeCard has been lost, stolen, or compromised in any way.
17. Amendments
TLD may modify these Terms, fees, or features at any time. Changes will be communicated via the dashboard, email, or website. Continued use of the Card constitutes acceptance of updated Terms.
Change of Terms: Subject to applicable law, we may at any time change, add to or delete terms and conditions of these Card Terms, including this Change of Terms provision. Such changes may be based on our anti-fraud policies and procedures, your level of compliance with these Card Terms, prevailing economic conditions and/or any other factors. We will give you notice of any change, addition or deletion as required by applicable law. As of the effective date, the changed terms, at our option, will apply to new purchases and the outstanding balances of your Account, to the extent permitted by applicable law.
The Issuer reserves the right to amend these Card Terms or impose additional obligations or restrictions on you at any time with or without notice to you. By continuing to use the Services, you agree to be bound by such amendments or additional obligations or restrictions. The date on the top of this page shows when the Card Terms were last updated. Capitalized terms that are not defined here have the definitions provided in the Platform Agreement.
18. Force Majeure
TLD is not liable for any failure to perform obligations due to circumstances beyond its control, including natural disasters, war, regulatory changes, or technological failures.
19. Assignment
You may not assign or transfer your rights or obligations under this Agreement. TLD may assign or transfer its obligations to third parties with notice.
20. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable.
21. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Delaware, USA. Any dispute, controversy, or claim arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts of Delaware.
Governing Law: These Card Terms will be interpreted in accordance with the laws of the State of Delaware, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration section above must be brought in state or federal court located in Delaware, unless we both agree to some other location, and you hereby consent to the venue and personal jurisdiction of such court.
22. Dispute Resolution & Arbitration
PLEASE READ THIS "DISPUTE RESOLUTION AND ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ISSUER.
Binding Arbitration:
You and Issuer agree that any and all past, present and future Disputes (defined below) shall be determined by arbitration, unless your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Issuer further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction. "Dispute" means any dispute, claim, or controversy between you and Issuer that arises out of or relates to (i) these Card Terms (including any addenda hereto or other terms incorporated herein by reference), (ii) the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of the agreement to arbitrate hereunder, or (iii) any Services (including, without limitation, The LifeCard).
This agreement to arbitrate shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Card Terms.
Arbitration Procedure:
Before filing a claim against Issuer, you agree to try to resolve the Dispute informally by providing written notice to Issuer of the actual or potential Dispute. Similarly, Issuer will provide written notice to you of any actual or potential Dispute to endeavor to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the "Notifying Party") will include in that notice (a "Notice of Dispute") your name, the Notifying Party's contact information for any communications relating to such Dispute, and sufficient details regarding such Dispute to enable the other party (the "Notified Party") to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.
If, notwithstanding the Notifying Party's compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within thirty (30) days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of these Card Terms, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with such Dispute.
You and Issuer each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as set forth under the "Small Claims" section below. You and Issuer agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules (the "Rules"). The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit, subject to any effective and enforceable limitations of liability or exclusions of remedies set forth herein. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other Issuer users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may --- if selected by either party or as the chair by the two party-selected arbitrators --- participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
You and Issuer further agree that the arbitration will be held in the English language in New York, New York, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means.
Filing costs and administrative fees shall be paid in accordance with the AAA Rules; provided that the prevailing party will be entitled to recover its reasonable attorneys' fees, expert witness fees, and out-of-pocket costs incurred in connection with the arbitration proceeding, in addition to any other relief it may be awarded.
You and Issuer agree that, notwithstanding anything to the contrary in the Rules, the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Issuer may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Issuer will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR ISSUER SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.
Small Claims: Notwithstanding your and Issuer's agreement to arbitrate Disputes, You and Issuer retain the right to bring an individual action in small claims court.
Class Waiver: To the extent applicable law permits, any dispute arising out of or relating to these Card Terms, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of these Card Terms or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.
No Jury Trial: If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Card Terms.
Venue and Jurisdiction for Judicial Proceedings: Except as otherwise required by applicable law or provided in these Card Terms, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and Issuer agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Puerto Rico. Both you and Issuer irrevocably consent to venue and personal jurisdiction there; provided that either party may bring any action to confirm an arbitral award in any court having jurisdiction.
Confidentiality: The existence of and all information regarding any Dispute will be held in strict confidence by the parties and will not be disclosed by either party except as reasonably necessary in connection with the conduct of the arbitration or the confirmation or enforcement of any arbitral award. Any such permitted disclosure will, to the maximum extent reasonably practicable, be made subject to obligations of confidentiality at least as stringent as the provisions of this paragraph. If any disclosure of information regarding any Dispute is required under applicable law, the parties shall reasonably cooperate with one another to obtain protective orders or otherwise to preserve the confidentiality of such information.
Survival: This agreement to arbitrate shall survive the termination or expiration of these Card Terms. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. In the event that a court finds the prohibition of Collective Arbitration to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of these Card Terms unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to the preceding paragraph.
23. Remedies
In the event of your default under these Card Terms, we may, subject to applicable law (including any applicable notice requirement): (a) declare all or any portion of your outstanding Account balance to be immediately due and payable; (b) instead allow you to repay your Account balance by paying the minimum payment due each billing cycle, without waiving any rights under subsection (a); and/or (c) commence a collection action against you and charge you for any court costs and/or any reasonable attorneys' fees and costs we are charged in connection with such action by any attorney who is not our salaried employee.
24. Delay in Enforcement
We may at any time and in our sole discretion delay or waive enforcing any of our rights or remedies under these Card Terms or under applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. For example, we may accept late payments without losing any of our rights under these Card Terms.
25. Communications and Call Recording
You authorize the Issuer and its partners (one of and each of Issuer's joint or independent affiliates, agents, assigns, and service providers (collectively, the "Messaging Parties") to use automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems, or any system capable of storing and dialing telephone numbers to deliver messages relating to these Card Terms, your Account, or your relationship with the Messaging Parties more generally (including but not limited to: messages about , upcoming payment due dates, missed payments and returned payments) to any telephone number(s) you provide to the Messaging Parties. You also agree that these messages may deliver prerecorded and/or artificial voice messages. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else, and that these messages may also be recorded by your answering machine. You also authorize the Messaging Parties to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means.
You understand that anyone with access to your mail, telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. If any telephone number you have provided to the Messaging Parties changes, or if you cease to be the owner, subscriber, or primary user of any such telephone number, you agree to immediately give notice to the Messaging Party who delivered the messages of such facts so that the Messaging Party can update its records.
This authorization is part of our bargain concerning these Card Terms, and we do not intend it to be revocable. However, to the extent you have the right to revoke your consent to communications by autodialed calls and text messages to your mobile number under applicable law, you may exercise this right by contacting the applicable Messaging Party directly or by sending a request by email to customer support. You may opt-out of receiving most of these messages at any time by sending us a request or by responding "STOP" to any text message. To stop emails only, you can follow the opt-out instructions included at the bottom of the Messaging Parties' emails.
26. Contact
For any inquiries regarding The LifeCard, please contact TLD Support via your member dashboard, through https://thelifedao.io/ or through [email protected].
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