Kinesis Cardholder Agreement

ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “ARBITRATION CLAUSE/DISPUTE RESOLUTION” BELOW. PLEASE READ SECTION 37 TITLED “ARBITRATION CLAUSE/DISPUTE RESOLUTION” CAREFULLY.

This Kinesis Card Agreement (this “Agreement”) represents an agreement between you (“you” and “your” mean the person(s) authorized to use the Card as provided for in this Agreement) and Payblr, Inc. (the “Issuer”), and Kinesis Cayman  (“Kinesis”), as program manager, and outlines the terms and conditions governing the Kinesis Card Program (the “Program”) offered by Issuer in conjunction with Kinesis.           

This Agreement supplements, but does not replace the Kinesis User Agreement (“User Agreement”) available at https://kinesis.money/about-us/documents/terms-of-use/. In the event of an inconsistency between this Agreement and the User Agreement, this Agreement shall govern and control your use of the Program and the Card (the “Card”) and your relationship with the Issuer and Kinesis. 

By clicking the accept button, activating or using or authorising any other person to use your Card, you acknowledge your understanding and agreement to be bound by the terms and conditions contained in this Agreement and the User Agreement. Please read this Agreement and the User Agreement carefully and keep it for future reference.

“Card” means the Visa Prepaid Card (both the Virtual Card and the Physical Card as defined below) issued by the Issuer through which you can obtain funds from the Available Funds, which are the funds in your Kinesis account (“Kinesis Account”). The Card issued to you will be in the form of a virtual card (“Virtual Card”) and an optional physical card (“Physical Card”), both cards carrying and representing the same assigned 16-digit card number. The Physical Card will be delivered to you to the address provided in the application. For the avoidance of doubt, the use of your Virtual Card will have the same legal effect as when you use your Physical Card. “We,” “us,” and “our” shall mean both Kinesis and the Issuer and each of their respective successors, affiliates, and assignees. We reserve the right to revise this Agreement periodically, so this Agreement may include changes from earlier versions. “Available Funds” shall mean such funds as shall be available to use on the Kinesis Account.

For purposes of this Agreement, our business days are Monday through Friday from 9am to 6pm Eastern Standard Time, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise. 

For customer service inquiries or information regarding your Card, contact Kinesis’ Customer Service using the contact information set forth in your User Agreement. Your User Agreement is available at https://kinesis.money/about-us/documents/terms-of-use/. Keep your Card number and the Kinesis Customer Service contact information in a safe place in case your Card is lost, stolen, or destroyed. Please read this Agreement carefully and keep it for future reference. 

Issuer, in conjunction with Kinesis, will establish and maintain the Program to provide you access to a Card. You may use the Card wherever prepaid debit cards bearing the Visa® or other networks in which the Issuer participates (each a “Card Network”) are accepted, subject to the terms and conditions of this Agreement.  The “Card Network Rules” mean the rules of the Card Network. 

The Card is issued by the Issuer. The Card is a prepaid debit card and can only be used to access Available Funds in your Kinesis Account. The Card does not store any of your funds. All funds are kept in the Kinesis Account. The Card is not a gift card, a device that accesses money in an individual checking or savings account, a bank deposit account, or a credit card or charge card that allows you to make purchases or obtain advances and pay later, and using the Card will not enhance your credit rating. The Card remains the property of the Issuer and must be surrendered to the Issuer upon demand. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. 

The Card will have an expiration date and the Card will expire, in accordance with applicable law, on the expiration date. If your Card and Account are in good standing, we may issue you a new Card upon expiration. You must surrender a revoked Card, and you may not use an expired or revoked Card. The Card is not eligible for business customers. The Issuer and Kinesis may refuse to process any transaction that the Issuer or Kinesis believes may violate the terms of this Agreement or your User Agreement. You must activate your Physical Card before it can be used. To activate your Physical Card, follow the steps and instructions for activation in the Kinesis mobile application or online.

TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. ACCORDINGLY, WHEN YOU OPEN A KINESIS ACCOUNT AND/OR APPLY TO BECOME A USER OF THE CARD, WE WILL ASK YOU TO PROVIDE YOUR NAME, PHYSICAL ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW KINESIS AND THE ISSUER TO IDENTIFY YOU. KINESIS AND/OR ISSUER MAY ALSO ASK YOU TO PROVIDE AN IDENTIFICATION NUMBER, WHICH (A) FOR A US RESIDENT IT MAY BE THE SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER AND (B) FOR A NON-U.S. PERSON IS ONE OR MORE OF THE FOLLOWING: A TAX IDENTIFICATION NUMBER; A PASSPORT NUMBER AND COUNTRY OF ISSUANCE; AN ALIEN IDENTIFICATION CARD NUMBER; OR A NUMBER AND COUNTRY OF ISSUANCE OF ANY OTHER UNEXPIRED GOVERNMENT-ISSUED DOCUMENT EVIDENCING NATIONALITY OR RESIDENCE AND BEARING A PHOTOGRAPH OR SIMILAR SAFEGUARD. BY ACCEPTING THE CARD, YOU CONFIRM YOU HAVE AUTHORIZED KINESIS TO PROVIDE THE ISSUER WITH THIS INFORMATION. 

After your Card is opened, we may require you to provide a copy of your driver’s license or other identifying documents we deem necessary to verify your identity, address, or transactions on your Card. If we ask you to provide specific identifying documents and you do not provide such documents, we may immediately close or suspend your Card. These measures are specifically designed to help us protect your identity and identify possible fraud on your Card.

U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) Certification. You acknowledge that you are aware that we have OFAC sanctions compliance obligations. You also acknowledge that this Agreement and your  Card are subject to U.S. sanctions laws, rules, and regulations where you will not permit your Card to be used in a manner that would cause a violation of the above referenced laws, rules, and regulations. You also specifically represent and warrant that you have not been designated by OFAC as a Specially Designated National (“SDN”), that you have no reason to believe that you would be considered a blocked person by OFAC, and that you are not acting as an agent of any such person. To the extent that OFAC, via laws, rules, regulations, or Executive Order, has promulgated restrictive measures against a government or regime (“sanctioned regime”), you further represent and warrant that you are not employed by or acting as an agent of: (1) an entity owned or controlled by a sanctioned regime, (2) a government-controlled entity of a sanctioned regime, or (3) a government corporation of a sanctioned regime. Further, you acknowledge and consent to Kinesis or Issuer restricting your Card , and/or funds associated with your Card, to the extent you access these from: (1) a jurisdiction that is subject to comprehensive sanctions by OFAC or (2) any jurisdiction Issuer or Kinesis have made a risk-based decision to restrict access to use of its application and website.

Politically Exposed Person (“PEP”) Certification. You represent and warrant that you are not a PEP. To the extent you are or become a PEP in the future while you hold your Card, you represent and warrant that you will immediately notify Kinesis and Issuer and subject yourself to any due diligence measures deemed appropriate by the Kinesis and Issuer. A Politically Exposed Person is an individual who is/was or is an immediate family member (spouse, parent, sibling, children, in-law, or dependent) or close associate (someone who is closely connected to the individual either socially or professionally) of (1) a senior official in the executive, legislative, administrative, military, or judicial branches of a non-U.S. government (whether elected or not); (2) a senior official of a major non-U.S. political party; (3) a senior executive of a non-U.S. government-owned entity; or (4) a foreign individual who was or has been entrusted with a prominent public function. A senior official or executive includes an individual with substantial authority over policy, operations, or the use of government-owned resources.

You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements. 

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you, and we have had a reasonable time to rely on such notice. 

We are not responsible for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any information to such individual.

In order to participate in the Program, you must: (a) be a current customer of Kinesis with a valid account and have previously agreed to the User Agreement and the Kinesis Privacy Policy located at https://kinesis.money/privacy-policy/; (b) have applied for, and been approved by Kinesis for, participation in the Program; (c) accept and agree to this Agreement, and Payblr’s Privacy Policy located at www.payblr.com; (d) be of at least eighteen (18) years of age if you are a resident of the United States; twenty-one (21) years of age if you are a resident of Puerto Rico; or the age of majority in your country of residence where you have the legal right and authority, and you have the right, authority and capacity to enter into this Agreement; and (e) provide Kinesis, which may provide the Issuer, with all requested information, such as your name, date of birth, address, email address,  identification number, user name and password, and such other information as we may request from time to time (collectively, “User Information”). You represent and warrant that all information, including User Information, you provide to Kinesis or the Issuer from time to time is truthful, accurate, current, and complete. You agree to promptly notify Kinesis of changes to any User Information. 

To request your Card, follow the directions provided by Kinesis via the Kinesis mobile application or online. You should receive your Virtual Card soon after you request one once you follow the instructions on the Kinesis mobile application or online. You should be able to use your Virtual Card as soon as you receive it and follow the steps and instructions for activation in the mobile application or online.

If you opt to request a Physical Card, you should receive it in fifteen (15) days or more after we receive your request. You will need to provide personal information in order to verify your identity when you order the Card. You must activate your Physical Card within the Kinesis mobile application and set a PIN before you may use it. 

You represent and warrant to the Issuer and Kinesis that: (a) at least eighteen (18) years of age if you are a resident of the United States, twenty-one (21) years of age if you are a resident of Puerto Rico, or the age of majority in your country of residence where you have the legal right, authority and capacity to enter into this Agreement; (b) the User Information is truthful, accurate, current, and complete; (c) you received a copy of this Agreement and the Privacy Policies and agree to be bound by and to comply with their terms; and (d) you accept your Card. 

You will select your PIN when activating your Card in the Kinesis mobile application or online. We will issue only one PIN for each Card. When selecting a PIN, you should not use numbers or words that appear in your wallet (e.g., date of birth, address, or social security number). You agree to take appropriate precautions to avoid the unauthorized use of your PIN, including (a) not sharing your PIN with other persons, (b) not writing your PIN on your Card, (c) keeping your PIN separated from your Card, (d) entering your PIN in a manner that helps ensure your PIN cannot be viewed by other persons, and (e) not entering your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately in accordance with Section 24 (Your Liability for Unauthorized Transactions or Lost/Stolen Card Prepaid Cards).

You may use your Card to make purchases at any merchant that accepts Visa or other networks in which the Issuer participates, subject to the Available Funds in your Kinesis Account, the transaction limits described below, and the other terms and conditions of this Agreement. You acknowledge and agree that the value available to you for use with the Card is limited to the Available Funds in your Kinesis Account. So long as you do not exceed the Available Funds in your Kinesis Account, you may use the Card to purchase goods or services wherever the Card is honored, and to obtain cash by initiating cash withdrawal transactions through the Card from any ATM that accepts the Card. Each time you use the Card, you authorize Kinesis to reduce the Available Funds in your Kinesis Account by the amount of the purchase or withdrawal and any applicable fees, costs, or holdings. Please see your User Agreement for information about how Available Funds are calculated. If at any time you exceed the Available Funds in your Kinesis you shall remain fully liable to Kinesis and the Issuer for the amount of the transactions and any applicable fees and charges. 

Insufficient Funds. If you do not have enough Available Funds in your Kinesis Account to cover a given transaction and associated fees, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount using another payment method. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the amount of Available Funds in your Kinesis Account or causes you at any time to have a negative balance in your Kinesis Account, you will be fully liable to Kinesis and the Issuer for the full amount of any deficiency and any applicable fees. 

PIN and Non-PIN Transactions: Merchants may limit the available options for the type of transaction you wish to conduct or may let you choose between a PIN (“Debit“) transaction or a signature (“Credit“) transaction at the point of sale. To initiate a signature transaction at the point of sale, select “Credit” and sign the receipt (if required by the merchant). To initiate a PIN transaction at the point of sale, select “Debit” and enter your PIN at the point of sale terminal. For mail order, telephone, Internet or other card- not-present purchases, merchants may choose to route a transaction as a PIN transaction without asking you to enter your PIN. 

Merchant Holds on Available Funds: When you use your Card or card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the Available Funds in your Kinesis Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends the Issuer the final transaction amount. Once the Issuer receives the final transaction amount, it may take up to seven (7) days or more for the hold to be removed. During that period, you will not have access to the funds subject to the hold. 

Card-not-present Transactions. If you use your Card without presenting it to the merchant in person (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you presented the Card to the merchant in person.

Card Security. Do not share your Card number with anyone. Either memorise your card number or keep it in a safe place. Do not send your Card number in an email or text message. Make sure your Card number is secured with encryption when you use your Card to perform transactions over the Internet or wireless networks. You agree that you will promptly notify us in accordance with Section 24 (Your Liability for Unauthorized Transactions or Lost/Stolen Card Prepaid Cards) of any: (i) loss, theft, or unauthorized use of the Card; and (ii) loss, theft, or unauthorized disclosure of any PIN used to access Card funds. If you believe the Card is lost or stolen, you are required to notify us immediately by sending us an email at [email protected] or via Live Chat at this link.

General Limitations. You acknowledge and agree that: (i) the Card is for personal, family, or household purposes use only and you will not use the Card for any business purposes; (ii) you will only use the Card as permitted under applicable law, the Card Network Rules, and this Agreement; (iii) you will not use the Card at online gambling web sites or at payment processors supporting online gambling websites; (iv) you will not use the Card for any escort services; (v) you will not use the Card to purchase illegal goods or services, or to otherwise initiate a transaction that violates applicable law or the Card Network Rules; (vi) you will not use, or allow others to use, an expired, revoked, cancelled, suspended, or otherwise invalid Card; and (vii) your Card cannot be redeemed for cash, except where required by applicable law.

There are limits on the dollar amount of transactions you can make with your Card each day and each month. The following lists the limits for each type of transaction: 

In addition to the above, for security purposes we reserve the right to, in our sole discretion, impose additional limits to your use of your Card at ATMs or POS devices. Any funds withdrawn from a POS device or through a participating bank will be subject to the maximum amount that can be spent on your Card per day. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. This means that you may need to visit more than one merchant if you are seeking to withdraw cash in an amount which is less than or equal to the total limit above, but more than the limit established by the individual merchant. 

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, the Issuer and Kinesis will treat this as if you have authorized such a person to use the Card for all purposes, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement. See your User Agreement for information about terminating authorization to use your Card. 

You may not request an additional Card for another person. 

The following are the disclosures for the fees that apply when you use your Card. 

Certain third-party fees may apply as further described herein. In addition to the ATM withdrawal fee in the table above, operators of ATMs and cash dispensing devices, their networks, and merchants may charge you a fee. Note that you may also be charged a fee for a balance inquiry by the ATM operator even if you do not complete a fund transfer. We are not responsible for any such fee and they will be deducted from the balance of the Card, along with the withdrawal or transaction amount. 

You are responsible for keeping track of the available funds in your Kinesis Account. Merchants generally will not be able to determine your Available Funds. It is important to know the amount of the Available Funds in your Kinesis Account before performing a transaction. If you do not have sufficient Available Funds in your Kinesis Account to cover the transaction amount and associated fees, the transaction will be declined. See your User Agreement for a description of the “Available Funds,”. You acknowledge and agree that the Available Funds do not include funds that are subject to a hold. You are not authorized to use funds added to your Kinesis Account in error. 

Any transaction that could create a negative balance for your Kinesis Account is not permitted. Adjustments may be made to your Account Balance to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Kinesis Account, among other reasons. These processing and adjustment entries could cause the Available Funds in your Kinesis Account to have a negative balance. If the Available Funds on your Card are negative, your transactions will be declined.   

Your Card transactions will be reflected in your Kinesis Account. You will not get a separate statement from the Issuer. You may obtain information about the Available Funds in your Kinesis Account and a history of your Card transactions on the mobile application or online. Please refer to your User Agreement (available at https://kinesis.money/about-us/documents/terms-of-use/ for details about obtaining your transaction history. 

Any transaction initiated on a Card in a currency or country other than the currency or country in which the Card was issued may be subject to a fee on the transaction (including credits and reversals) as set forth in the Fee Schedule in Section 13. This fee is in addition to the currency conversion rate. 

If you effect a transaction with your Card in a currency other than US Dollars, Card Network will convert the charge into a US Dollar amount. The Card Network currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by Card Network. The exchange rate Card Network uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account. 

You should get a receipt for each Card transaction. You can get a receipt Kinesis at the time you make any transaction to or from your Kinesis Account using an ATM or a point-of-sale terminal. You agree to retain, verify, and reconcile your Card transactions and receipts. 

You will not receive cash refunds for Card transactions. If you are entitled to a refund for any reason in connection with goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to adhere to the refund policy of the applicable merchant. The exchange or return of goods or services purchased, in whole or in part, with the Card will be governed by the procedures and policies of each merchant, applicable law, and the Card Network Rules. At the time of any exchange or return, you will present the receipt for the goods and the Card. If you receive a credit to your Card Account, the credit may not be immediately available.

None of the Issuer, Kinesis, the Card Network, any processor, or any program manager, or any of its or their respective affiliates, employees, or agents will be responsible or liable for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with a Card or any losses or damages arising out of or relating to the use of your Card. All such disputes must be addressed and handled directly with the merchant from whom any goods or services were purchased.

Kinesis and/or Issuer may, in their sole discretion: (a) limit the amount, number, or type of transactions you can make on your Card; (b) refuse to issue a Card; and (c) repossess, revoke, suspend, block or cancel your Card, your Card privileges, or any features or services of your Card at any time, with or without cause or notice, subject to applicable law. If we block, suspend, or cancel your Card because we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement, we will not be liable for any resulting unavailability of the funds in your Kinesis Account or your inability to use your Card.

The Issuer may disclose information to third parties about you, your Card, or the transactions you make: 

1. Where it is necessary or helpful for completing or correcting transactions and resolving claims regarding transactions; 
2. In order to verify the existence and condition of your Card for a third party, such as a merchant; 
3. In order to comply with a valid request by a government agency, a court order, or other legal or administrative reporting requirements; 
4. If you consent by giving us your written permission; 
5. To the Issuer’s and Kinesis’ employees, auditors, affiliates, service providers, or attorneys as needed; 
6. In order to prevent, investigate or report possible illegal activity; 
7. In order to issue authorizations for transactions on the Card; 
8. As permitted by applicable law; or 
9. Otherwise as necessary to fulfill obligations of the Issuer under this Agreement and to fulfill obligations of Kinesis under the User Agreement. 

Please see Kinesis’ and Payblr’s Privacy Policies (the “Privacy Policies”), available at https://kinesis.money/privacy-policy/ and https://www.payblr.com/privacy-policy for further details. You hereby agree to the Issuer’s and Kinesis’ collection, use and sharing of information about you and the Card as provided in the Privacy Policies, which are made a part of this Agreement. The Privacy Policies also tell how you can (i) limit the ways in which the Issuer and Kinesis share information about you, or (ii) request corrections to the information that the Issuer or Kinesis maintain about you. You agree that information you provide in connection with your Card is being provided directly to both the Issuer, as the Card issuer, and to Kinesis, as the program manager, associated with the Card. 

If you need to replace your Card for any reason, please contact Kinesis’ Customer Service by writing to Kinesis via email at [email protected] or via Live Chat at this link. You can also request a replacement in your Kinesis mobile application or online. You will be required to provide personal information, which may include your Card number, full name, transaction history, and copies of accepted identification. In order to validate any request, we reserve the right to conduct an investigation and/or require you to sign an affidavit. The fee for expedited shipping of a replacement Card, which is set forth in the Fee Schedule provided above in Section 14, will be deducted from the balance associated with the new Card. It may take up to thirty (30) days to process your request for a replacement Card, although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances. 

Subject to applicable law, you will be able to use your Card until the expiration date displayed on the Card. The funds associated with the Card do not expire. If your Kinesis Account is in good standing and you have available funds on the Kinesis Account when your Card expires, you may request a replacement Card at no cost to you by following the procedures set forth in Section 21 (Card Replacement). The new Card will have an available balance equal to the remaining balance of the expired Card, less any applicable fees.

If we do not complete a transaction to or from your Kinesis Account on time or in the correct amount according to this Agreement with you, we will be liable for your actual losses or damages. However, there are some exceptions. We will not be liable, for instance: 

1. If through no fault of Kinesis or the Issuer, you do not have enough Available Funds in your Kinesis Account to complete the transaction; 
2. If a merchant refuses to accept your Card; 
3. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; 
4. If an ATM where you are making cash withdrawal does not have enough cash; 
5. If access to your Card has been blocked after you reported your Card lost or stolen; 
6. If there is a hold or your Available Funds are subject to legal or administrative process or other encumbrance restricting their use; 
7. If Kinesis or the Issuer have reason to believe that the requested transaction is unauthorized; 
8. If circumstances beyond the control of Kinesis or the Issuer (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that Kinesis or the Issuer have taken; or
9. For any other exception stated in this Agreement or the User Agreement with you or by applicable law. 

Contact Kinesis Customer Service immediately if you believe your Card has been lost or stolen, or if someone has made transactions on your Card without your permission. This can be done most effectively through Live Chat, available within the Kinesis app, web platform, or at this link. You can  also contact Kinesis Customer Service by email at [email protected] or by submitting the contact form on this page. 

You should also freeze your Card immediately within the Kinesis app or web platform to minimise potential losses.

If your Card is lost or stolen, you could lose the funds held in your Kinesis Account. If you notify us within two (2) business days becoming aware of the loss or theft of your Card, your liability for unauthorized transactions will not exceed fifty dollars ($50).

If you notify us more than two (2) business days after learning of the loss or theft, but within sixty (60) calendar days after your statement is issued, your liability for unauthorized transactions may be up to five hundred dollars ($500). If you notify us more than sixty (60) calendar days after your statement is sent to you, you could lose all the money taken from your Kinesis Account if someone used your Card without your permission.

Upon notice that your Card has been lost or stolen, we may suspend or cancel your Card and issue you a replacement Card. 

In case of any errors or questions about your electronic transactions, you can contact Kinesis’ Customer Service by writing to Kinesis via email at [email protected] or through Live Chat within the Kinesis app, the web platform, or at the link provided, if you think your statement or receipt is incorrect or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than 60 days after the error could be viewed in your electronic transaction history, or the date we sent the FIRST written history on which the error appeared.

You may request a written history of your transactions at any time by contacting Kinesis via email at [email protected] or through Live Chat within the Kinesis app, web platform, or at the link provided. When you contact us, you will need to:

1. Tell us your name and Card, card number, and Kinesis Account number.
2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. If you first contact us by email, that notice is considered “in writing,” and no additional written confirmation will be required. Live Chat submissions that generate a retainable record will also be treated as written notices.

We will determine whether an error occurred within ten (10) business days after we hear from you and receive all supporting information. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Card within ten (10) business days for the amount you believe is in error, so that you will have the use of the money during the time it takes to complete the investigation.

If we request written confirmation after an oral notice and you do not provide it within ten (10) business days, we may decline to provide provisional credit, but we will continue our investigation and will correct any error we determine occurred.

If our investigation determines that the transaction was authorized or that no error occurred, we will reverse the provisional credit, and your account may be debited for that amount. If we detect fraud or security concerns on your Card or Account, we may issue you a new card or account number for your protection.

For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. 

We will tell you the results of any investigation within three (3) business days after completing the investigation. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. Copies of those documents may be obtained by contacting Kinesis at the email address or through Live Chat linked at the beginning of this Section 25 (“Your Right to Dispute Errors”). If you need more information about our error-resolution procedures, contact Kinesis via email at [email protected] or through Live Chat within the Kinesis app, the web platform, or at the link provided.

To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card or this Agreement without our prior written consent. 

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time. 

Kinesis or Issuer may modify, supplement, or replace this Agreement at any time by posting the modified, supplemented, or replaced version of the Agreement on our website at https://www.kinesis.money/. Any modified, supplemented, or replaced version of the Agreement will be effective upon posting such Agreement onto our website. To the extent required under applicable law, we will notify you of our intent to modify, supplement, or replace the Agreement. 

Kinesis or Issuer may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by contacting Customer Service and returning the Card to us. Notwithstanding the cancellation or suspension of your Card or this Agreement, we will continue to honor transactions you have made up until the cancellation or suspension is processed in accordance with this Agreement, which, in the case of cancellation, may take up to forty-five (45) days following the cancellation of your Card or this Agreement (the “Wind-Down Period”). During the Wind-Down Period, you will: (a) remain responsible for all transactions in accordance with the terms and conditions of this Agreement, and (b) remain subject to all applicable fees under this Agreement. Your cancellation of this Agreement will not affect any of our rights or your obligations arising out of or relating to this Agreement prior to such cancellation. 

At our request, you agree to defend, indemnify, and hold harmless the Issuer, Kinesis, and their respective parents, subsidiaries, and other affiliated companies, and each of their respective employees, contractors, officers, and directors against any and all claims, suits, demands, damages, charges, costs, debts, obligations, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your direct or indirect violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, any products or services purchased using the Cards, or this Agreement (as well as any related or prior agreement that you may have had with us. 

WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES PROVED. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. 

From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from your Card, including the available balance of funds associated with your Card. Please notify Kinesis’ Customer Service using the contact information set forth in your User Agreement if you have any problems using your Card. You agree that the Issuer, Kinesis, and their respective affiliates, employees, or agents are not responsible for any interruption of service.

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English. 

You agree that from time to time, without further notice to you, the Issuer or Kinesis may monitor and/ or record telephone calls and electronic communications between you and the Issuer or Kinesis, as applicable, to assure the quality of customer service or as required by applicable law. 

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. 

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. 

***DISPUTE RESOLUTION. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires You to arbitrate disputes with the Issuer and limits the manner in which you can seek relief from the Issuer.

Solely for purposes of this Arbitration Clause, “we” or “us” shall mean the Issuer, and its respective successors, affiliates, or assignees as well as Kinesis, and its respective successors, affiliates, or assignees and any third party using or providing any product, service, or benefit in connection with the Card.

a. Applicability of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

b. Arbitration Rules and Forum. The Issuer and you agree to attempt informal resolution of any dispute arising out of, related to, or in connection with this Agreement, your Account, or the Issuer’s services prior to any demand for adjudication of any kind and to notify each other in writing of any such dispute within thirty calendar days of when it arises. The Issuer and you further agree that if we cannot solve such dispute informally, any such dispute arising out of, related to, or in connection with this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s (“AAA”) rules for arbitration of consumer-related disputes. The arbitration will occur in the Commonwealth of Puerto Rico and will be conducted confidentially by a single, neutral arbitrator. The Issuer will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration, unless the arbitrator finds that either the substance of your dispute or the relief sought in your request for arbitration (“Request”) was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). This Agreement evidences a transaction involving interstate commerce and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. Notwithstanding anything to the contrary in this Section, the Issuer and you retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights, including copyrights, trademarks, trade secrets, database rights, and patents. In the event any provision of this Section is deemed invalid or unenforceable, then you agree and understand that the remaining portions of this Arbitration Agreement will remain in full force and effect.

c. Waiver of Jury Trial. The Issuer AND YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. The Issuer and you are instead agreeing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 38(a) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. d. Waiver of Class or Other Non-Individualized Relief. THE ISSUER AND YOU AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class of Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), the Issuer and you agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts having jurisdiction over the issue. All other disputes shall be arbitrated. This subsection does not prevent you or the Issuer from participating in a class-wide settlement of claims. 

d. Authority of Arbitrator. Except as provided below, the arbitrator shall have exclusive authority to (i) determine the scope, enforceability and applicability of this Arbitration Agreement, whether the disputes are arbitrable, and the propriety of commencing the arbitration and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are: (i) all disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that same subsection is unenforceable, illegal, void or voidable, or that the same subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration”, all disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and the Issuer and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations. Judgment on the arbitration award may be entered in any court having jurisdiction. 

e. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the Issuer agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against the Issuer by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), the AAA (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by the Issuer. You and the Issuer agree to cooperate in good faith with the AAA to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as 20 authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

f. Severability. Except as provided in subsection 37(d) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. 

g. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Issuer makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Card and/or the Issuer service constitutes your acceptance of any such changes. 

h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Issuer.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD AND CONTACT CUSTOMER SERVICE TO CANCEL YOUR CARD. 

This Agreement, together with your User Agreement, constitutes the entire and sole agreement between you and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program. 

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.