> For the complete documentation index, see [llms.txt](https://docs.bankly.cc/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.bankly.cc/legal/card-terms-us.md). # Card Terms (US) #### BANKLY **CARD ACCOUNT OPENING DISCLOSURES** The Bankly Cardholder Agreement and Bankly Card Account Opening Disclosures below refer exclusively to your Bankly Card and are separate from other services provided by CavaleroTech, including but not limited to your Bankly US-dollar account and the Platform. The Bankly Card is a prepaid US-dollar card. It draws only on the funds you hold in your Bankly account balance. It is not a credit card. There is no credit line, no interest, no finance charge, no borrowing, and no collateral. **INTEREST RATE AND INTEREST CHARGES** | Type | Details | | ----------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------- | | **Annual Percentage Rate (APR) for Purchases** | N/A — this is a prepaid card. No credit is extended and no interest accrues. | | **APR for Balance Transfers** | N/A | | **APR for Cash Advances** | N/A | | **Paying Interest** | You will never be charged interest. Purchases are paid in real time from your own prepaid US-dollar balance. There are no billing cycles and no amounts owed. | | **Minimum Interest Charge** | None. This is not a credit card and no interest is chargeable. | | **For Prepaid Card Tips from the Consumer Financial Protection Bureau** | To learn more about factors to consider when using a prepaid card, visit the Consumer Financial Protection Bureau at: | *** **FEES** | Type | Amount | | --------------------------- | -------------------------------------------------------------------------------------------------- | | **Annual Fee** | $0 (Basic). Plus, Premium, Black and Private tiers carry the membership fees disclosed at sign-up. | | **Transaction Fees** | | | – Balance Transfer | N/A | | – Cash Advance | N/A | | – International Transaction | 0% of each transaction in U.S. dollars. | | **Other Fees** | | | – Late Payment | None. There are no amounts owed and nothing to pay late. | | – Over the Balance | None. Transactions that exceed your available balance are declined. | | – Returned Payment | None | *** How Your Balance Works: Your Bankly Card spends down your prepaid US-dollar balance in real time. You fund that balance by topping up with supported crypto (USDC, USDT, BTC, ETH, SOL, or BNB), which is converted to and held as US dollars in your Bankly account. The Card can only spend funds you have already loaded. There is no average daily balance calculation and no interest, because no credit is extended. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the "Your Billing Rights" section below. Loss of Introductory APR: Not applicable. This is a prepaid card and no interest is chargeable. How We Will Calculate Your Variable APRs: Not applicable. No interest is chargeable. Prime Rate: Not applicable. No interest is chargeable. Military Lending Act Disclosure: The Bankly Card is a prepaid card that extends no consumer credit. Because no credit is extended, no finance charge or annual percentage rate as defined under the Military Lending Act is imposed. Members of the Armed Forces and their dependents remain entitled to all protections afforded under the Military Lending Act and other applicable governmental programs and laws. *** #### BANKLY CARDHOLDER AGREEMENT — PREPAID US-DOLLAR CARD **Last Updated: \[date]** *Effective Date: \[date]* #### **Arbitration Clause; Notices** Arbitration Clause; Notices: PLEASE REVIEW THE ARBITRATION CLAUSE AND NOTICES SET FORTH BELOW IN THE SECTION TITLED DISPUTE RESOLUTION AND ARBITRATION. BY USING THE BANKLY CARD, YOU ARE AGREEING TO THE ARBITRATION CLAUSE AND NOTICES SET FORTH IN THAT SECTION. THE ARBITRATION CLAUSE WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS PROCEEDING. *** This Bankly Cardholder Agreement ("Agreement") is a binding agreement between you ("you") and the Card Partner, including its affiliates, successors, and assigns (the "Card Partner," "Issuer," "we," "us," or "Our"), that governs your use of the prepaid card account ("Account") provided through Bankly. The Bankly Card is provided to you on behalf of Bankly in connection with your status as a Bankly customer and pursuant to your separate User Agreement between you and Bankly (the "User Terms"). The Card Partner is not a party to the Bankly User Terms and disclaims any liability for the performance of services covered therein. We reserve the right to amend this Agreement or impose additional obligations or restrictions on you at any time with or without notice to you, except where required by applicable law. By continuing to use the Card, you agree to be bound by such amendments or additional obligations or restrictions. The date at the top of this page shows when this Agreement was last updated. *** #### **Additional Definitions** The term "Card" means any card we issue associated with your Account, including renewal and substitute cards. The term "Card" also means any other access device that allows you to spend from your Account, including your Account number. Other capitalized terms that are not defined here are generally defined the first time we use those terms. The term "Issuer" or "Card Partner" refers to \[Card-issuing partner], the regulated entity that issues the Bankly Card. The term "Bankly" refers to CavaleroTech, the operator of the Bankly application and services (the "Platform"). The term "Available Balance" means the funds you have loaded and that remain unspent in your prepaid US-dollar Account. *** #### **Overview of Account Agreement** Our Account agreement with you (the "Agreement") is contained in and governed by: * this document, called the Bankly Cardholder Agreement; * all Account disclosures and terms provided to you before or when the Account is opened, including the terms you accepted when applying for the Account, disclosures in our Card Account Opening Disclosures (the "Account Opening Disclosures"), and any terms we provided in written materials accompanying your Card; * all other documents, disclosures and terms that relate specifically to your Account, including: * the privacy notices we or Bankly provide to you; * the terms shown on any periodic activity statements for your Account (each, a "Statement"); * the e-signature & electronic communications consent agreement; * your agreement that you were not solicited for this product; and * any future changes we make to any of the above items, as permitted or required by applicable law. You agree that this Agreement becomes effective the first time you use any Card or the Account. You agree that you were not solicited for this product. You also agree that we may keep and use an image or copy of the Agreement to enforce its terms against you. When the Agreement states we "may" take an action, it means we are authorized to take that action in our sole discretion, subject only to any limitations or requirements established by law and the express terms of the Agreement. Please read these materials carefully and keep them for future reference. We may make new offers to you in the future or forward offers from others that may interest you. If these offers have new or different terms, those terms will be provided with the offer. If you accept the offer, the previously disclosed terms in the Agreement will still apply, except as modified by the offer. *** ### **ACCOUNT INFORMATION WE NEED** We need and will request complete, current and valid information about you to manage your Account. Such information may include but is not limited to: your legal name; your address(es); your telephone number(s); your date(s) of birth; and your Social Security number(s) or other government identification number(s). You must tell us when this information changes. You may update your information through the Bankly app, through bankly.cc, or by contacting us at . We may require that you provide additional documents that are acceptable to us so that we can verify this information and any changes. We may restrict or close your Account if we are unable to verify your information, if you do not provide the additional information we request, or at our sole discretion. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES US TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER'S LICENSE OR OTHER IDENTIFICATION DOCUMENTS. Know-Your-Customer (KYC) verification is required for all tiers except the Private tier. *** ### **BALANCE CATEGORIES OF YOUR ACCOUNT** "Balance Categories" are the different Account segments we may establish with unique terms. The Balance Categories of your Account include Purchases and Special Offers. We reserve the right to decide which Balance Category applies for each Account transaction and our decision will be final. A "Purchase" means the property, rights, goods and services we allow you to purchase, rent, or otherwise obtain directly from merchants and vendors by using your Card, spending down your Available Balance. A "Special Offer" means transactions and balances that post to your Account subject to unique terms we disclose from time to time for promotional and other reasons, including loyalty rewards such as USDC cashback and XP loyalty points. Our Special Offer disclosures will explain the terms that apply to any such transactions. *** ### **YOUR PROMISES TO US** You promise to do everything the Agreement requires of you, as long as your Account remains open. You promise to fund your Account so that your Available Balance covers the transactions you make, plus any applicable Fees, as described in this Agreement. Your "Fees" are the charges we add to your Account that are disclosed in the Account Opening Disclosures or at the time you request a service. Because this is a prepaid card, no interest is ever charged. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), these transactions will be treated as if you used the Card in person. If you allow someone else to use your Card, you are responsible for all transactions made by that person and all associated Fees. If you die, any obligation to pay outstanding Fees will apply to your estate, as permitted by law. *** ### **USING YOUR ACCOUNT AND CARD** You may use your Card and the Account for making Purchases and for obtaining Special Offers, as permitted by this Agreement and applicable law, up to your Available Balance. You agree to activate the Card promptly after you receive it. The Card is valid during the dates shown on the front. The Card is our property and you agree to return it to us or destroy it, if we ask. You agree to take reasonable steps to prevent the unauthorized use of your Card and Account. We are not responsible to you if someone refuses to accept your Card for any reason. We may reject any transaction for any reason, including where your Available Balance is insufficient. We may limit the combined dollar amount or the total number of certain Account transactions allowed during a single day or other time periods. We may restrict or delay the availability of your Available Balance to protect you and us against potential fraud, unauthorized transactions, Account misconduct or misuse, or for other risk management reasons. We will not be liable to you if this happens. Except as otherwise required by applicable law or regulation, we will not be responsible for merchandise or services purchased or leased through the use of any Card or the Account. You agree not to use, try to use, or permit use of the Card or Account for any Internet gambling transactions or any other transactions that are illegal or not permitted by us. Even if you do, you remain responsible for these transactions and they remain subject to all other terms of our Agreement. You must reimburse the Payment Card Network and us for all damages and expenses associated with these transactions. From time to time, Account services may be unavailable to you due to circumstances beyond our control, such as system failures, fires, floods, natural disasters or other unpredictable events. When this happens, you may be unable to use your Card or obtain Account information. We will not be responsible or liable to you if this happens. *** ### **USING A PIN** We may give you a personal identification number ("PIN"). For security reasons, you may have to provide the PIN before you are able to complete some transactions using the Card. With a PIN, you may, if enabled by us, use your Card to make Purchases at certain merchant point-of-sale devices ("POS"). Where enabled, you may do these things if the POS requires entry of a PIN and displays the logo of the Payment Card Network on your Card. All such transactions are treated as Purchases and spend down your Available Balance. Keep your PIN secure and do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe someone has gained unauthorized access to your PIN, you must contact us immediately. *** ### **STATEMENTS AND ACTIVITY** Your Account transaction history is available in real time in the Bankly app and through bankly.cc. The history will disclose important information about your Account, including your Account transactions, top-ups, Fees, and Available Balance. Because this is a prepaid card, there are no billing cycles, no amounts owed, and no payment due dates. We will make activity information available to you, and provide any Statement, as required by law. *** ### **DISPUTED TRANSACTIONS** You must promptly review your transaction history and tell us about any errors or questions you have, as described in the "Your Billing Rights" section of this Agreement. If you do not notify us as provided in these disclosures, we may assume that all information in your transaction history is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for all or part of the disputed amount, you agree to: * Give us all of your rights against that other person; * Give us any merchandise or other purchases you received in connection with the disputed amount, if we ask; * Not pursue any claim or reimbursement from the merchant and other person; and * Help us pursue and obtain reimbursement from the merchant and that other person, by promptly returning documents with any signatures we may request and otherwise providing us with reasonable cooperation. *** ### **NO WARRANTIES** Except as otherwise provided in the "Your Billing Rights" section of this Agreement, we are not responsible for any claim you might have regarding the Purchase of goods or services made with your Card from any merchant or vendor. *** ### **LOST OR STOLEN CARDS; UNAUTHORIZED USE; REPLACEMENT CARDS** For Consumers: You must take reasonable steps to prevent the unauthorized use of your Card and Account. If you notice the loss or theft of your Card, or a possible unauthorized use of your Card, you should contact us immediately through the Bankly app or at . 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 your notice to us. In any case, your liability will not exceed $50 (or any lesser amount required by law or as provided under the express terms of a benefit provided by a Payment Card Network). If we reimburse your Account for unauthorized charges made using your Card, you agree to help us investigate, pursue and obtain reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. Unless canceled, a Card will be valid through the expiration date printed on the Card. We may replace a Card at any time and we may continue to issue renewal or replacement Cards until you notify us to cancel the Account. You are responsible for canceling any lost, misused or stolen Cards or the Account that you suspect may have been the subject of fraud, unauthorized use or misuse. You are responsible for retrieving the canceled Card and destroying it to prevent further use. You may freeze or cancel a Card at any time in the Bankly app, or by contacting us at . You understand that we will require a reasonable amount of time to act on any such request. You will not be liable for any unauthorized use of your Card after you notify us in writing of the loss, theft, or possible unauthorized use and you meet the following conditions: (1) you have exercised reasonable care with the Card; (2) you have not reported two or more incidents of unauthorized Card use within the previous 12 months; and (3) you have maintained your Account(s) in good standing. In any case, your maximum liability for unauthorized use of a Card will not exceed $50 and you will not be liable for any unauthorized use that occurs after you notify us (or our designee) at the contact points above. *** ### **SPENDING LIMITS** Your spending is limited to your Available Balance. You may only spend funds you have loaded to your Account. Bankly may also set additional spending limits, which could be temporary or permanent, by tier, transaction type, period, or for risk management reasons. Bankly will tell you if we do this but we won't always notify you in advance. For example, contactless purchases may have their own limits. Your membership tier (Basic, Plus, Premium, Black, or Private) may carry different limits and features, as disclosed at sign-up. *** ### **NO INTEREST OR FINANCE CHARGES** The Bankly Card is a prepaid card. No credit is extended, no interest accrues, and no finance charges apply. Each transaction is settled in real time against your Available Balance. There is no average daily balance, no daily periodic rate, no annual percentage rate, no grace period, and no billing cycle, because no balance is ever owed to us. *** ### **FEES** You must pay the following Fees we charge to your Account, in the amounts shown on your Account Opening Disclosures, shown in this Agreement, or disclosed to you at the time you ask us to provide particular services to you or on your behalf. Membership Fee: We may charge a membership fee corresponding to your tier (Basic is free; Plus, Premium, Black, and Private carry the fees disclosed at sign-up) for making the Account available and issuing Cards to you. This Fee is deducted from your Available Balance. Returned Payment Fee: We may charge you this Fee each time any top-up or payment you make to us is not honored by your funding source or payment processor for any reason. This Fee is deducted from your Available Balance. Copying Fee: We may charge you a Fee of $10.00 for each copy of a transaction document or activity statement you request, unless it is required to resolve a billing dispute. This Fee is deducted from your Available Balance. Fees for Faster Funding or Payment Services: We may make services available that allow you to fund or move money faster through a customer service representative, the Internet, or other payment system. We will describe the terms for using these services before you use them. You do not have to use these other services, and we may charge you a Fee for using them. If we do, we will tell you the amount of the Fee at the time you request the service. Foreign Transaction Fee: We may charge you this Fee each time you make a transaction in a foreign currency or make a transaction in a country outside the United States. This Fee is deducted from your Available Balance. *** ### **TRANSACTIONS MADE IN FOREIGN CURRENCIES** If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment Card Network will use its currency conversion procedures in effect when it processes the transaction. The conversion rate in effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate. *** ### **FUNDING YOUR ACCOUNT** You fund your Account by topping up with supported crypto assets (USDC, USDT, BTC, ETH, SOL, or BNB), which are converted to and held as US dollars in your Available Balance. You are responsible for maintaining a sufficient Available Balance to cover the transactions and Fees you incur. You make top-ups and any other payments to CavaleroTech through any means permitted by CavaleroTech as disclosed when you log into your Account. You agree to follow the funding requirements we disclose from time to time. We may delay the availability of funds in your Available Balance until we confirm that a top-up has cleared and any required checks are complete. Please allow a reasonable processing period for crypto top-ups, which may vary depending on the underlying network. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if you made it. We may refuse to accept any funding made by someone else for your Account. *** ### **REFUNDS AND AVAILABLE BALANCE** Your Available Balance represents funds you have loaded and not yet spent. Refunds from merchants and reversed transactions are credited back to your Available Balance once received and confirmed. You may request a payout of your Available Balance as described in the Bankly app or by contacting us as provided below. If you contact us in writing, we will process an available balance payout request within seven (7) business days from our receipt of your written request, subject to any required fraud, sanctions, or compliance checks. A business day means any day on which our offices are open for the processing of Account activity. *** ### **PAYMENT PROCESSING** We may accept and process top-ups and other payments without losing any of our rights. Even if we credit a top-up to your Account, we may delay the availability of your Available Balance until we confirm that the funds have cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle similar issues. *** ### **COMMUNICATIONS WITH RESTRICTIVE WORDS, CONDITIONS OR INSTRUCTIONS** All communications containing restrictive words, conditions, limitations, or special instructions (including "Paid in Full" or similar language) must be sent to: **CavaleroTech** — \[CavaleroTech registered office — Dubai, United Arab Emirates], or by email to . If you send communications to any other address, we may still process your Account activity without losing any of our rights. *** ### **ACCOUNT DEFAULT** We may consider you in default of your Agreement with us if: * any top-up or payment you make is rejected, not paid or cannot be processed; * a bankruptcy or other insolvency proceeding is filed by or against you; * you die or are legally declared incompetent or incapacitated; * we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us; * we identify activity that violates KYC/AML, sanctions, or prohibited-jurisdiction requirements; * you do not comply with any term of this Agreement or any other agreement with us; or * you permanently reside in, or transact from, a prohibited country or state. If you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: * close or suspend your Account; * recover any Fees or negative balance arising from chargebacks, reversed transactions, or fraud; * pursue any other action against you that the law allows, which includes the filing of a lawsuit against you. * You agree to pay us all of our collection expenses, attorneys' fees, and court costs, unless the law does not allow us to collect these amounts. *** ### **COMMUNICATIONS** We may contact you from time to time about your Account. We may contact you in any manner we choose, unless the law says that we cannot. For example, we may: * contact you by mail, telephone, email, fax, recorded message, text message or personal visit; * contact you using an automated dialing or similar device ("Autodialer"); * contact you at your home and at your place of employment; * contact you on your mobile telephone; * contact you at any time, including weekends and holidays; * contact you with any frequency; * leave recorded and other messages on your answering machine/service and with others; and * identify ourselves, your relationship with us, and our purpose for contacting you, even if others might hear or read it. Our contacts with you about your Account are not unsolicited and may result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law prohibits us from doing so, we may modify or suppress caller identification and similar services, and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave recorded and other messages. We may do these things, whether we contact you or you contact us. If you ask us to discuss your Account with someone else, you must provide us with documents and authorization that we ask for and that are acceptable to us. *** ### **CONSUMER REPORTS** We may provide information about you and your Account to consumer reporting agencies and others as described in our Privacy Notices, and as permitted by law. Because the Bankly Card extends no credit, we do not report credit-line or repayment activity; however, we may report or share information for fraud-prevention, identity-verification, and compliance purposes. We may obtain and use identity and fraud-prevention information about you from reporting agencies or others as permitted by law. If you believe we have reported inaccurate information, notify us in writing at: 📍 **CavaleroTech** \[CavaleroTech registered office — Dubai, United Arab Emirates] 📧 Include your name, Account identifier, and details of the information you believe is incorrect, with supporting documentation. *** ### **CLOSING OR SUSPENDING YOUR ACCOUNT** You may ask us to close your Account through the Bankly app or by contacting us at . If you do, we may provide you with additional details about this process and request certain information from you. If you use your Card or charges post to your Account after you ask us to close it, we may keep your Account open or reopen it. We may close or suspend your Account and your right to use the Card. We may do this at any time and for any reason, as permitted by law, even if you are not in default. A suspension of your Account might be permanent or temporary. If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all recurring charges or similar billing arrangements connected with the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. We will return any remaining Available Balance to you as permitted by law and subject to any required compliance checks. You must still pay us any Fees or negative balance you owe on the Account, even if these amounts are charged after your Account is closed or suspended. *** ### **CHANGES TO YOUR AGREEMENT** You may not change the Agreement, unless one of our authorized officers expressly agrees to do so in a signed writing. We may, at any time, add, delete or change any term of this Agreement, unless the law prohibits us from doing so. We will give you any notice and wait any time period required by law before the changes take effect. If we notify you of changes, we will send you a separate notice or inform you through the Bankly app. We may send this notice to you electronically, as permitted by law. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes. If we change your Fees or change other significant Account terms, we will notify you in writing and inform you of your options, including any right to reject these changes. We may change any other terms of your Account at any time, after giving you any notice and waiting any period of time required by law. *** ### **THE LAW THAT APPLIES TO YOUR AGREEMENT** This Agreement will be interpreted using the laws of the United Arab Emirates, including, as applicable, the laws of the Dubai International Financial Centre. United States federal law will be used when it applies to the Card or the disclosures herein. You waive any applicable statute of limitations, as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement will be the longer of the time period provided by UAE law or the law of the jurisdiction where you live. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect. *** ### **WAIVER** We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example, we may waive your Fees without notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. *** ### **ASSIGNMENT** This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person at any time, without your permission and without prior notice to you. If we do, they will take our place under this Agreement. You must perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. *** ### **AMENDMENTS** We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. All amendments will comply with the applicable notice requirements of federal and state law that are in effect at that time. *** ### **DISPUTE RESOLUTION AND ARBITRATION** **PLEASE READ THIS "DISPUTE RESOLUTION AND ARBITRATION" SECTION VERY CAREFULLY.** IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND **CavaleroTech**. #### **Binding Arbitration** (a) You and CavaleroTech 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 CavaleroTech 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 CavaleroTech that arises out of or relates to (i) this Card Agreement (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 Bankly Card). (b) This agreement to arbitrate shall be construed under and be subject to the United States Federal Arbitration Act with respect to the Card and the disclosures herein, notwithstanding any other choice of law set out in this Agreement. \ Arbitration Procedure (a) Before filing a claim against CavaleroTech, you agree to try to resolve the Dispute informally by providing written notice to CavaleroTech of the actual or potential Dispute. Similarly, CavaleroTech 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") the name of the party, 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.\ \ (b) 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 this Card Agreement, 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. (c) You and CavaleroTech each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as otherwise set forth below. You and CavaleroTech agree that the arbitration shall be administered by the Dubai International Arbitration Centre ("DIAC") under its applicable Arbitration Rules (the "Rules"). A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. 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 DIAC'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 DIAC will appoint the arbitrator in accordance with the 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 Bankly 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.\ \ (d) You and CavaleroTech further agree that the arbitration will be held in the English language with its seat in Dubai, United Arab Emirates, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. (e) Filing costs and administrative fees shall be paid in accordance with the 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.\ \ (f) You and CavaleroTech 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 CavaleroTech 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 CavaleroTech 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 CavaleroTech 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 CavaleroTech's agreement to arbitrate Disputes, you and CavaleroTech retain the right to bring an individual action in small claims court where available. *** #### **Class Waiver** To the extent applicable law permits, any dispute arising out of or relating to this Card Agreement, 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 this Card Agreement or the 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 this Card Agreement. *** #### **Venue and Jurisdiction for Judicial Proceedings** Except as otherwise required by applicable law or provided in this Card Agreement, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and CavaleroTech agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Dubai, United Arab Emirates. Both you and CavaleroTech 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 this Card Agreement. 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 this Card Agreement unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to the preceding paragraph. *** ### **YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE** This notice is for Consumers using the Card Account and tells you about your rights and our responsibilities in connection with errors on your Account. #### What To Do If You Find A Mistake On Your Account If you think there is an error on your Account, write to us at: In your letter, give us the following information: * Account information: Your name and Account identifier. * Dollar amount: The dollar amount of the suspected error. * Description of problem: If you think there is an error, describe what you believe is wrong and why you believe it is a mistake. You must contact us: * Within 60 days after the error appeared in your transaction history. * At least 3 business days before an automated payment is scheduled, if you want to stop a transfer you think is wrong. You must notify us of any potential errors in writing. You may contact us by other means, but if you do we are not required to investigate any potential errors. #### **What Will Happen After We Receive Your Letter** When we receive your letter, we must do two things: * Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. * Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe your Account is correct. While we investigate whether or not there has been an error: * We will investigate the disputed transaction and keep you informed. * If we made a mistake: You will not have to bear the amount in question or any fees related to that amount, and we will credit your Available Balance accordingly. * If we do not believe there was a mistake: We will explain why and provide you with documentation supporting our conclusion. Because this is a prepaid card, no interest applies to any disputed amount. If you receive our explanation but still believe there is an error, you must write to us within 10 days. We will tell you the name of anyone to whom we reported information about you, and we will let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to bear the first $50 of the amount you question even if your Account is correct. *** #### **Your Rights If You Are Dissatisfied With Your Card Purchases** If you are dissatisfied with goods or services purchased with your Card, and you have attempted in good faith to resolve the issue with the merchant, you may have the right to dispute the charge. This applies if: * The purchase was made in your home state or within 100 miles of your mailing address; * The purchase price was more than $50 (unless the transaction resulted from our solicitation or from a company we own); and * The disputed amount has not already been resolved. If all conditions are met, contact us in writing at:\ 📧 While we investigate, the same dispute rules apply.\ After we finish our investigation, we will notify you of our decision. *** ### Your Rights If You Are Dissatisfied With Your Card Purchases If you are dissatisfied with the goods or services that you have purchased with your Card, and you have tried in good faith to correct the problem with the merchant, you may have the right to dispute the amount of the purchase. To use this right, all of the following must be true: * The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we sent to you, or if we own the company that sold you the goods or services.) * You must have used your Card for the purchase. * The disputed amount must not already have been resolved. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Card Services While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. \ **Indemnity:** You will indemnify and defend each of CavaleroTech and the Card Partner, and their affiliates, and their respective partners, directors, officers, employees, agents, trustees, administrators, managers, advisors, and representatives (each an "Indemnitee") against, and hold each Indemnitee harmless from, any and all claims, litigation, investigations, proceedings, losses, damages, fines, penalties, liabilities, settlements, costs, fees, and expenses incurred by any Indemnitee or asserted against any Indemnitee by any person: (i) arising out of, in connection with, related to, or as a result of, a breach by you of any of the representations, warranties, covenants, or agreements contained in these Card Terms, the User Terms, any terms applicable to any third-party provider, or any other agreements with the Card Partner, or that otherwise relate to the Services or the use of the Bankly Card; (ii) for amounts owed by you to third parties; (iii) for acts or omissions of you or persons you authorize; (iv) for your use of the Services; or (v) for disputes over charges between you and merchants. CavaleroTech and the Card Partner may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse CavaleroTech and the Card Partner for the reasonable fees of such counsel and all related costs and reasonable expenses. If you are a user from a jurisdiction that does not allow certain indemnification obligations, you agree that the foregoing section titled "Indemnity" is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections. --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. 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