MOTO CARD INTERNATIONAL SPEND CARD TERMS

· 62 min read

These Moto Card International Spend Card Terms (the “Card Terms”) are a binding agreement between you (“you”, or “your”), Moto Finance Inc., and Issuer, including its affiliates, successors, and assigns (“Issuer,” “we”, “us”, or “our”) that govern your use of the Moto Card International Spend Cards, including the process for obtaining and managing Moto Card International Spend Cards, access to which is provided to you by Moto Finance Inc. (“Moto Finance”).

Important Disclosures

Rates, fees, and other important information about your Moto Card International Spend Card (“Card”) are set forth in these Important Disclosures.

Effective as of September 2026

Interest Rates and Interest Charges 0%

Annual Percentage Rate (APR) for Purchases 0%

Your Moto Finance Spend Card is currently zero percent (0%) interest on all purchases. Issuer and Moto Card International reserve the right to implement interest in the future, for new purchases. Moto Finance will disclose any changes to this agreement prior to the introduction of interest and other charges associated with your Moto Card International Card. Your due date for payment of amounts owed on your Credit Card is 21 days after the close of each billing cycle, and any amounts owed will be automatically debited from your smart contract wallet at the end of each month.

Fees

Transaction Fee

Foreign Purchases

Moto currently subsidizes the Visa exchange rate for Moto Full Members, so no FX fees or exchange-rate markups are charged to you on Moto Full Membership. Foreign transaction fees of up to 2.2% apply to Moto Lite Membership, including for existing users during the Transition Period, as described in Section 8.2 (Foreign Currency Transactions).

Cryptocurrency Exchange Fees

-Varies by conversion or service provider. You may be subject to a conversion or bridge fee when depositing assets into the Moto Finance wallet or converting cryptocurrencies.

Onramp Fee

-A one-time fee of €5 is charged to Moto Lite Members, including existing users receiving Moto Lite Membership benefits during the Transition Period, when a EUR Virtual IBAN is issued to them through Moto Finance’s third-party provider, Lightspark Payments Europe AS. No EUR Virtual Account Onboarding Fee applies to Moto Full Members; see Section 8.3 (Onramp fees and Third-Party Provider for Virtual Asset and EUR Services).

Membership Fee

-Full Moto benefits require an active paid Moto Membership. Moto Lite Membership is $50 per month or $500 per year. Moto Full Membership is $250 per month or $2,500 per year. New Members receive a 15-day trial period before the first Membership fee is charged. Membership fees are disclosed in the Moto application at enrollment; see Section 3 (Membership, Tiers, and Rewards) of these Card Terms. By participating in our beta test, you agree to the compensation and terms outlined in the app.

Physical Card Fee

-Your first physical Card is included with Moto Full Membership. Moto Lite Members may request a physical Card for a fee of $250 per card. Additional and replacement physical Cards are $250 each for all Members; see Section 3.7 (Physical Cards).

Depository Fee

-As described in the standard terms and Platform Agreement entered into between you and Moto Finance, Moto Finance will charge a fee in respect of the portion of the yield which you may earn by depositing assets into the Moto Finance application and reserves the right to retain any yield above the maximum percentage applicable to your tier.

WHEN YOU APPLY FOR A CARD ACCOUNT, ACTIVATE A CARD, OR OTHERWISE PARTICIPATE IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE ISSUING TERMS.

Terms

Background:

The Moto Card International Card is provided to you on behalf of Moto Card International in connection with your status as Moto Card International customer and pursuant to your separate User Agreement between you and Moto Card International (the “User Terms”). The Issuer is not a party to the Moto Card International User Terms and disclaims any liability for the performance of services covered therein.

Moto Card International has opened a Moto Card International Account for purposes of facilitating transactions you make using a Card based on a limit established by Moto Card International pursuant to the User Terms. You understand that you have access to the Services and Moto Card International Card only to the extent authorized by the Moto Card International. You acknowledge and agree that Moto Card International will satisfy obligations created through your use of the Moto Card International Card and you will repay Partner based on the terms of your User Agreement, subject to the terms below.

Details on Moto Card International’s collection, use, and handling of your personal data are described in the Moto Finance Privacy Policy. Please review it carefully and contact Moto Card International if you have any questions. By opening, using, or maintaining a Card, you consent to and direct Issuer to share information relating to transactions, including receipt information or other personal data, in order to deliver the Services.

Issuer:

The card program is issued by the Issuer Rain under license from Visa. The information about the cost of the Card described in the above table is accurate as of September 2026. This information may change after that date. To find out what may have changed, call or write the servicer, at team@moto-card.com and +1 (978) 584-4083.

Moto Card International and Issuer reserve the right to amend these Card Terms or impose additional obligations or restrictions on you at any time with or without notice to you. By continuing to use the Services, you agree to be bound by such amendments or additional obligations or restrictions. The date on the top of this page shows when the Card Terms were last updated. Capitalized terms that are not defined here have the definitions provided in the Platform Agreement.

Defined Terms:

“Card Networks” means the payment card networks including Visa or Mastercard.

“Charge” means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.

“Chargeback” means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized.

“Deposit Rewards” means any rewards, yield, or other benefits that Moto makes available on eligible assets deposited into the Moto Finance wallet, at the rates, subject to the maximums, and on the conditions disclosed in the Moto application for your Membership tier.

“Fee” means charges we impose on you for use of Services or your use of a Moto Card International Card.

“Issuer” refers to the issuer of the card program. The issuer for this card program is Third National.

“Membership” means a paid Moto subscription tier (Moto Lite Membership or Moto Full Membership) that provides access to the benefits described in Section 3 of the Agreement below.

“Moto Full Membership” means the Membership tier described in Section 3.6 of the Agreement below.

“Moto Lite Membership” means the Membership tier described in Section 3.5 of the Agreement below.

“Periodic Statement” means the periodic statements that reflect activity for all Cards issued to you identifying charges, fees, refunds, or other amounts owed or credited to your Moto Card International Account during the time covered by that statement.

“Points” means the rewards points earned on qualifying Card spend as described in Section 3 of the Agreement below. Each Point has a redemption value of $0.01.

“Supported Blockchains” means the Solana Blockchain, Ethereum Blockchain, Polygon Blockchain, Optimism Blockchain, Arbitrum Blockchain and other blockchain networks which may be added at the sole discretion of Issuer.

“Transition Period” has the meaning given in Section 3.3 of the Agreement below.

Agreement:

1. Accepting this Agreement & Eligibility

These Card Terms become effective and legally binding when you activate or create your Card by following the instructions on the Moto Card International platform. You and we agree to comply with, and be bound by, this entire agreement. You should retain and carefully review these Card Terms. By creating a card, you agree to the Arbitration Clause below as it pertains to this agreement, even if you do not use the Account or the Card.

By using a Card you represent and warrant in your individual capacity that:

  • You are not a person who is blocked or sanctioned by the United States Government, including those identified by the United States Office of Foreign Asset Controls (OFAC).
  • You will use the Services exclusively for purposes permitted by these Card Terms.
  • All information you provide to us, either directly or through Partner, is and will be true, correct, and complete.
  • You will use the Moto Card International Card for personal, family, or household use.
  • You will only use the Moto Card International Card in compliance with applicable law.
  • You attest that you are not a United States citizen, and that you are signing up for a card that is intended for those outside of the United States.
  • You were not solicited for this product.

1.1 Prohibited Countries

Use of the Services and the Moto Card International Card is strictly prohibited for persons who are located in, ordinarily resident in, organized under the laws of, or nationals of any of the following countries (“Prohibited Countries”):

  • Belarus
  • China (Mainland)
  • Cuba
  • India
  • Iran
  • Iraq
  • Israel
  • Myanmar
  • Nepal
  • Nicaragua
  • North Korea (Democratic People’s Republic of Korea)
  • Russia
  • Syria
  • Turkey
  • Ukraine
  • Venezuela
  • Vietnam

Moto may update this list at any time to comply with applicable sanctions regimes, including those administered by the United Nations, the U.S. Office of Foreign Assets Control (“OFAC”), and the European Union. You are responsible for monitoring updates and ceasing use immediately if your jurisdiction is added.

1.2 Sanctions Compliance

Use of the Services by any person or entity that is: (a) listed on any sanctions list maintained by OFAC, the UN Security Council, the European Union, or any applicable government authority; (b) located in a Prohibited Country; or (c) otherwise subject to comprehensive economic or trade sanctions, is strictly prohibited. Moto may employ IP geolocation, KYC data, and screening tools to enforce these restrictions and reserves the right to deny, suspend, or terminate access without notice if a sanctions concern is identified.

1.3 Source of Funds

You represent and warrant that all Digital Assets used in connection with the Services, including any Collateral, are lawfully acquired, beneficially owned by you, and free from any third-party claims, liens, or encumbrances. You must not use the Services to transact in assets derived from illegal activity, including fraud, money laundering, or terrorist financing.

2. Issuer Terms

Cards are issued either by the issuer identified on the back of the Moto Card International Card issued to you, as identified in these Card Terms, or any other agreements or materials provided to you (in each case, the “Issuer”). Issuer is the creditor responsible for funding your payments for goods and services your purchase at a merchant through your Moto Card International Card and based on information provided by Partner. Please note that the Issuer may require you to accept additional terms in addition to the agreements you have with Moto Card International, and your use of the Moto Card International Cards will then also be subject to such additional terms.

3. Membership, Tiers, and Rewards

3.1 Membership Requirement

Full access to Moto benefits requires an active paid Moto Membership. Moto offers two Membership tiers: Moto Lite Membership and Moto Full Membership, the benefits of which are described in Sections 3.5 and 3.6 and in the Moto application. Points accrual begins upon your acceptance and activation of a Moto Membership or, if you are an existing user, upon the start of your Transition Period under Section 3.3. By accepting a Moto Membership, you agree to be bound by the additional and amended conditions set out in this Section 3, together with the Membership fees and tier terms disclosed in the Moto application at the time of enrollment.

3.2 Membership Fees and Billing

Membership fees are as follows:

  • Moto Lite Membership: $50 per month, or $500 per year.
  • Moto Full Membership: $250 per month, or $2,500 per year.

Membership fees are stated in United States Dollars, are charged in advance at the start of each billing period (monthly or annual, as selected at enrollment), and renew automatically at the then-current rate until you cancel through the Moto application. Moto collects membership fees using the payment method you provide in the Moto application at enrollment, which may include automatic debit from your linked wallet.

New Members receive a 15-day trial period beginning when their first Membership is activated. If you do not cancel before the end of the trial period, we will automatically charge your first Membership fee at the end of the month in which the trial ends, and your billing periods will run from that date or from the standardized billing date disclosed in the Moto application. Trial periods are limited to one per person and are not available to users who have previously held a Moto Membership or who received a Transition Period under Section 3.3.

Membership fees are a subscription access charge and do not constitute a deposit, investment, or prepayment for any specific service. Access to Membership benefits, including Points multipliers, statement-credit redemptions, lounge access, Relationship Manager services, fee discounts, and credit features, constitutes full delivery and utilization of Membership value. By accepting our Terms, you agree that you have an obligation to pay any open balances indefinitely, and acknowledge that Moto may utilize debt collection agencies if you fail to pay outstanding balances.

3.3 Transition Period for Existing Users

If you held a Moto account before the launch of Moto Memberships, including as a participant in the Moto beta test, you will receive access to the benefits of Moto Lite Membership for a period of up to 60 days following the launch of Moto Memberships, without payment of a Membership fee (the “Transition Period”). During the Transition Period, you may not redeem statement credit. Points earned during the Transition Period are retained and may be redeemed in accordance with Section 3.4 once you have activated a paid Membership. Moto will communicate the start date of your Transition Period and the process for enrolling in a paid Membership through the Moto application. If you have not activated a paid Membership by the end of the Transition Period, your access to Membership benefits will end until you do so. You remain responsible for all Charges and Fees incurred during and after the Transition Period.

3.4 Points

Members earn Points on qualifying Card spend at the earning rates applicable to their tier: Moto Lite Members earn 1x Points on all spending and 2x Points on travel and dining; Moto Full Members earn 1x Points on all spending, 3x Points on dining and retail, and 5x Points on travel. Spend categories are determined by the merchant category codes assigned by the Card Networks and merchants, not by Moto. Each Point is worth $0.01 (one cent USD).

You may redeem Points for statement credits up to a monthly limit based on your tier. Moto Lite Members may redeem up to $50 per month (equivalent to 5,000 Points per month). For Moto Full Members, the monthly statement-credit redemption limit is set by the Deposit Rewards schedule below, based on your balance or your monthly Card spend, whichever places you in the higher tier:

  • Balance under $10,000, or monthly spend under $5,000: up to $200 per month (20,000 Points)
  • Balance of $10,000 or more, or monthly spend of $5,000 or more: up to $300 per month (30,000 Points)
  • Balance of $50,000 or more, or monthly spend of $10,000 or more: up to $500 per month (50,000 Points)
  • Balance of $250,000 or more, or monthly spend of $25,000 or more: up to $1,250 per month (125,000 Points)
  • Balance of $500,000 or more, or monthly spend of $50,000 or more: up to $2,500 per month (250,000 Points)
  • Balance of $1,000,000 or more, or monthly spend of $100,000 or more: up to $5,000 per month (500,000 Points)
  • Balance of $5,000,000 or more, or monthly spend of $1,000,000 or more: no monthly limit

For the purposes of the Deposit Rewards schedule, “balance” means the lowest USD value of eligible assets held in your Moto Finance wallet at any point during the calendar month, determined by Moto in the manner described in Section 7.2, and “monthly spend” means qualifying Card spend posted to your Account during the same calendar month, as determined by Moto. Moto assesses your tier monthly and displays it in the Moto application. Unused redemption capacity does not carry over to later months. The Deposit Rewards schedule applies to Points earned on Card spend at the rates described above and does not replace or reduce those earning rates. Statement credits are one redemption option only; Points may also be redeemed for flight and hotel redemptions through Moto’s travel partners, which are not subject to the monthly limit, with additional airline and hotel programs expected by year-end. Redemption options may vary by tier and are subject to availability. Points are not money, deposits, or property, have no cash value outside the redemption options we make available, may not be sold or transferred, and may be adjusted, reversed, or revoked in connection with refunds, disputed or reversed Charges, or suspected fraud or abuse. Moto may amend the Deposit Rewards schedule under Section 3.12.

3.5 Moto Lite Membership Benefits

Subject to eligibility and availability, an active Moto Lite Membership includes:

  • A Visa Infinite Card, issued digitally, with Visa Infinite benefits (a physical Card is available for the fee described in Section 3.7)
  • Points on every purchase: 1x Points on all spending and 2x Points on travel and dining
  • Up to $50 per month in statement-credit redemptions
  • Unlimited airport lounge access
  • Deposit Rewards at the rates disclosed in the Moto application

Foreign transaction fees apply to Moto Lite Membership as described in Section 8.2. Moto Lite Membership does not include a Relationship Manager. Benefits described in Section 3.6 that are not listed above are not included in Moto Lite Membership unless expressly made available to Moto Lite Members through the Moto application.

3.6 Moto Full Membership Benefits

Subject to eligibility and availability, an active Moto Full Membership includes:

  • Zero FX fees and zero transfer fees with a Visa Infinite Card, with Visa Infinite benefits
  • Your first physical Card at no additional charge
  • Points on every purchase: 1x Points on all spending, 3x Points on dining and retail, and 5x Points on travel
  • Statement-credit redemptions starting at $200 per month, with a limit that may be increased based on your deposits and spend as described in Section 3.4
  • Flight and hotel redemptions for Points, with more airline and hotel programs coming by year-end
  • Unlimited airport lounge access
  • A dedicated Relationship Manager to assist you with whatever you need
  • Deposit Rewards at the rates disclosed in the Moto application
  • Moto Lens: our global curation of restaurants, hotels, shops, and bars
  • Coming soon: Moto Spaces, dedicated coworking and event spaces

3.7 Physical Cards

Your first physical Card is included with Moto Full Membership at no additional charge. Moto Lite Members may request a physical Card for a fee of $250. Additional physical Cards, and replacement physical Cards (including replacements for lost, stolen, damaged, or compromised Cards), are subject to a fee of $250 per Card for all Members; Moto may waive this fee at its discretion. Physical Card fees are charged when the Card is requested and are non-refundable except where mandatory consumer protection laws of your jurisdiction expressly require otherwise. Delivery times are estimates only and are not guaranteed, and you are responsible for any customs duties, import taxes, or similar charges applicable to delivery in your jurisdiction. Section 9 (Managing Your Moto Card International Cards) continues to apply to physical Cards.

3.8 Changing Membership Tiers

You may request a change to your Membership tier through the Moto application. Tier changes are not immediate. Your current Membership continues at its existing tier, price, and benefits until the end of your current billing period, and the new tier, its pricing, and its benefits take effect at the start of your next billing period. We do not provide prorated refunds or credits for the remainder of the current billing period when you change tiers.

3.9 Referral Program

Members may invite an unlimited number of eligible persons to join Moto using the referral tools made available in the Moto application. A referral qualifies when the referred person activates a paid Membership through your referral and has either (a) remained a paying Member for one month, or (b) reached $2,500 in qualifying Card spend, whichever occurs first. Upon qualification, you will receive a statement credit of $10 if the referred person holds a Moto Lite Membership, or $50 if the referred person holds a Moto Full Membership, determined by the referred person’s tier at the time the referral qualifies and applied to your account on a subsequent Periodic Statement.

The following rules apply to the Referral Program:

  • Persons who already hold a Moto account may not be referred. Persons on the Moto waitlist may be referred.
  • Self-referrals are not permitted.
  • Persons located in, ordinarily resident in, or nationals of a Prohibited Country, or otherwise ineligible under Section 1, may not be referred.
  • Only one referral credit may be earned per referred person.
  • If the referred person’s Membership is canceled, terminated, refunded, or reversed before the referral qualifies, no referral credit is earned. Moto may withhold or reverse referral credits in cases of suspected fraud, abuse, or circumvention of these rules, or where the referred person’s Membership is canceled, refunded, or reversed after qualification.
  • You may not promote your referral link through unsolicited communications, paid advertising, or misleading statements about Moto.
  • Referral credits are statement credits, are not money, have no cash value, may not be sold or transferred, and may be adjusted, reversed, or revoked as described in Section 6.2.
  • Moto may modify, suspend, or terminate the Referral Program at any time with prior notice through the Moto application. Referral credits already earned will not be affected.

3.10 Partner Growth Program (“The Ladder”)

Moto may, by invitation, offer eligible Members participation in a spend-based referral program (the “Partner Growth Program” or “The Ladder”). Participation requires that both the introducing Member (the “Introducer”) and the introduced Member hold a paid Membership and have been enrolled in the Partner Growth Program by Moto. Rewards are earned based on the introduced Member’s cumulative qualifying Card spend during the 90 days following activation of the introduced Member’s Card (the “Ladder Window”), as follows:

  • Rung 1: $10,000 in cumulative spend, which must be reached within the first 30 days of the Ladder Window. Reward: $500 to the Introducer and $250 to the introduced Member.
  • Rung 2: $25,000 in cumulative spend. Reward: $500 to the Introducer and $500 to the introduced Member.
  • Rung 3: $50,000 in cumulative spend. Reward: $500 to the Introducer and $750 to the introduced Member.
  • Rung 4: $100,000 in cumulative spend. Reward: $500 to the Introducer and $1,000 to the introduced Member.

Rewards are cumulative across rungs. An Introducer whose introduced Member completes the full Ladder may earn up to $2,000 in total, and the introduced Member may earn up to $2,500 in total. Partner Growth Program rewards are in addition to any credit earned under the Referral Program for the same referred person.

Partner Growth Program rewards are not paid in cash. Moto arranges them through its Relationship Manager team as curated experiences (such as dining, travel, or bespoke arrangements) or, on request, applies them as offsets against Membership or Card fees. Qualifying spend excludes refunded, reversed, or disputed Charges and cash-like transactions as described in Section 5. Moto determines in its sole discretion whether spend qualifies and whether a rung has been reached, and may withhold or reverse rewards where qualifying spend is subsequently refunded or reversed, or in cases of suspected fraud, abuse, or manufactured spend. Moto may modify, suspend, or terminate the Partner Growth Program at any time with prior notice; rewards already earned will not be affected.

3.11 No Refunds

All Membership fees are final and non-refundable except where mandatory consumer protection laws of your jurisdiction expressly require otherwise. We do not provide prorated refunds for early cancellation or unused subscription time. If you cancel your Membership, your Membership and its benefits continue until the end of your current billing period.

3.12 Changes to Memberships

Moto reserves the right to modify, suspend, or discontinue any Membership tier or benefit with prior notice. Moto will communicate material changes through the Moto application.

3.13 Third-Party Benefits

Lifestyle benefits (including Visa Infinite benefits, airport lounge access, Relationship Manager and concierge services, travel redemptions, Partner Growth Program experiences, Moto Lens, and Moto Spaces) are provided through or with third-party partners. Moto makes no representation or warranty regarding the availability, quality, or continuity of third-party benefits and is not liable for third-party partner failures or changes to benefit programs.

4. Spending Limits

Your spending limit is generally set by Moto Card International pursuant to the terms of the Moto Card International Terms. Issuer may additionally set spending limits on each Moto Card International Card or an aggregate spending limit across all Moto Card International Cards, at its sole discretion. Moto Card International Account Spending limits are dynamic and may be modified at any time with or without notice to you, including temporary increases or decreases, or reducing spending limits to $0. Any authorized Charge or fee on a Moto Card International Card may reduce your spending limit by a corresponding amount.

When you use your Moto Card International Card to initiate a transaction at certain merchants where the final transaction amount is unknown at the time of authorization, Issuer may assess a value to such a Charge higher or lower than the final Charges. The initial “hold” Charge will reduce your spending limit until the final Charge is determined.

5. Purchases & Restrictions

Your Account is for personal expenses. Moto Card International and Issuer reserve the right to block and terminate transactions and suspend access to your Account, unless prohibited by applicable law, for transactions and activity which present patterns that do not conform with consumer purposes. You may use your Account to purchase or lease goods or services (each, a “purchase”) by presenting your Card or providing to participating merchants and establishments that honor the Card your Card number and additional information by any other means (for example, over the phone, online or through a mobile app). We will not be liable to you (or anyone else) if any merchant or other person cannot or will not process a purchase permitted under these Card Terms. Unless prohibited by applicable law, we may, from time to time, limit the type, number, and dollar amount of any purchase, including any cash-like transaction, even if you have sufficient available credit to complete the purchase. Cash-like transactions include, but are not limited to, the following transactions to the extent they are accepted:

  • purchasing traveler’s checks, foreign currency, money orders, wire transfers, cryptocurrency, other similar digital or virtual currency and other similar transactions;
  • purchasing trading challenges, lottery tickets, casino gaming chips, race track wagers, and similar offline and online betting transactions;
  • person-to-person money transfers and account-funding transactions that transfer currency; and
  • making a payment using a third-party service, including bill payment transactions not made directly with the merchant or their service provider.

We reserve the right to deny any purchase for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the purchase. We may terminate or suspend your use of the Card or the Account, with or without notice to you before or at the time we take such action. Cash advances and balance transfers are not available under these Card Terms.

You acknowledge and agree that you have read and understood the prohibited activities list and that you will not engage in any such activities when using the Services or the Moto Card International Card.

You acknowledge and agree that you will not use the Moto Card International Card (1) for any expense which is not an expense incurred by you; (2) for any purpose prohibited by these Card Terms; (3) for, with, or for the benefit of any individual or entity who is blocked or sanctioned by the United States, including those identified by the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC); or (4) for any purpose other than personal, family, or household use.

You will use all reasonable means to protect your Moto Card International Cards and log-in credentials to the Moto Card International Account from unauthorized use. You will not allow any other person or third party to use the Services or the Moto Card International Card on your behalf. You will immediately notify us if you know or suspect that access to your Moto Card International Account has been compromised, or your Moto Card International Card has been lost, stolen, or compromised in any way.

6. Acceptable Use Policy

6.1 You agree to use the Services solely for lawful purposes and in compliance with all applicable laws and regulations. You must not:

  • Use the Services in any Prohibited Country or otherwise in violation of the eligibility requirements in Section 1;
  • Use the Services for money laundering, terrorist financing, sanctions evasion, fraud, or any other illegal financial activity;
  • Attempt to circumvent, bypass, or manipulate KYC/AML verification procedures or compliance controls;
  • Manipulate or abuse the Points system, cashback or statement-credit redemptions, the Referral Program or Partner Growth Program (including through self-referrals, duplicate or fictitious accounts, or manufactured spend), any trial period, Deposit Rewards, yield mechanics, or any other feature of the Services;
  • Introduce malware, viruses, bots, scripts, or other harmful code to the Services;
  • Attempt to gain unauthorized access to any Moto system, account, or data;
  • Reverse engineer, decompile, or attempt to extract source code from the Moto application;
  • Use the Services to transmit unsolicited communications or spam;
  • Impersonate Moto, its employees, partners, or other users;
  • Create an undue or disproportionate load on Moto’s infrastructure;
  • Use the Services in violation of applicable intellectual property laws;
  • Resell, sublicense, or provide unauthorized third-party access to the Services.

6.2 Moto reserves the right to investigate suspected violations and take any action it deems appropriate, including suspension or termination of access, clawback of Points, statement credits, cashback, referral credits, Partner Growth Program rewards, or other benefits, and referral to law enforcement.

7. Payments

7.1 Promise to Pay

While you will generally repay Moto Card International for amounts transacted with your Card, you also promise to pay Issuer or its assignees for all amounts charged to the Account not repaid by Partner, including all purchases, interest, and charges charged to your Account. You are obligated to repay Moto Card International or its assignees for all transactions made using your Card by people you have authorized to use the Card, even if their use of the Card exceeds the authorization which you gave them.

Moto Finance will automatically debit your account at the end of each month for the outstanding balance of your Credit Card, and will adjust your spending limit for the next month proportionately, taking into account any increase from yield or additional deposits.

7.2 Collateral

Either your primary linked wallet or any additional wallets may provide collateral to secure the charges you make on any Card (the “Collateral”). The Collateral will be a digital asset. Moto Finance Inc. reserves the right to designate which forms of digital assets may be used as Collateral, and reserves the right to decline a form of Collateral if it does not meet its updated policies, guidelines, or requirements. Moto Finance currently only accepts USDC collateral on the Solana Blockchain.

In addition, you authorize Moto Finance Inc. to liquidate Collateral pursuant to this section in the event of a “Liquidation Event.” A “Liquidation Event” will occur a) at a period set by Moto Finance Inc., b) within thirty (30) days of each Purchase you make with a Card, at our discretion for the amount of the approved Purchase; c) if you fail to make a payment of the full amount owed to Moto Finance Inc. within 21 calendar days of the due date on your Statement provided to you; or d) if the Market Value of your Collateral drops below the value of the existing charges on your Moto Finance Inc. card(s), and you do not add additional collateral.

“Market Value” of the Collateral will be determined by Moto Finance Inc. using the net redemption value provided by a centralized stablecoin issuer and/or the real-time price posted on a reputable and recognized exchange or price aggregator, or by reference to a price oracle, subject to Moto Finance Inc.’s sole discretion. You agree that the market value of your collateral is determined solely by Moto Finance Inc. through the above methods. You further agree that the Market Value is determined at the time of a Liquidation Event and any change in or fluctuation in value of the collateral before or after a Liquidation Event will have no bearing on obligations owed to Moto Finance Inc.

You, through one or more of your linked wallets or additional wallets, will be required to post Collateral that has Market Value in United States Dollars (“USD”) equal to each dollar that is charged to all of your Cards. For example, if you provide Digital Assets with a Market Value equal to $100 of value in USD, and that Market Value does not change, your spending limit will be equal to $100 USD. Once $100 USD has been charged to your Card, you must provide additional Collateral for any incremental Charges. If the Market Value of your collateral goes down below $100 USD, and you have $100 USD in charges, you may be subject to a Liquidation Event. If the Market Value of your collateral is subject to a liquidation event when the Market Value is below your existing charges, you still owe us any difference between the USD value of the charges and the USD value of the collateral at the time of Liquidation.

You will own the Collateral at all times, and it will be held in your custody within one or more smart contracts on the Supported Blockchains. Moto Finance Inc. will only have access to the Collateral during or after a Liquidation Event. Once a Liquidation Event occurs, the smart contract will foreclose and liquidate the Collateral to repay the outstanding balance on your Card. You authorize Moto Finance Inc. and its designees to foreclose and/or liquidate the Collateral upon a Liquidation Event and use the amounts to satisfy your payment obligations owed to Moto Finance Inc. You agree that Moto Finance Inc. will not be required to notify you prior to such liquidation, and you acknowledge and agree that, because of the nature of the blockchain technology and smart contract infrastructure, Moto Finance Inc. may not be in a position to stop a liquidation from occurring.

To withdraw your Collateral, you must provide Moto Finance Inc. at least (3) business days’ prior notice. You agree that any Collateral that has been provided within the (3) business days of your notice to us may be subject to liquidation. Your withdrawal of any Collateral will not terminate any outstanding payment obligations you may have on your Card.

Moto Finance Inc. will not, in any circumstance, be holding custody of your Collateral. Moto Finance Inc. is not a custodian or owner of your Collateral. If a Liquidation Event occurs, only the amount required to repay your outstanding financial obligations to Moto Finance Inc. will be liquidated from your Collateral. Any unencumbered Collateral balances shall remain freely accessible. You authorize and consent to Moto Finance Inc. liquidating the Collateral upon a Liquidation Event through a third party or by other means in order to satisfy payment obligations owed by you to Moto Finance Inc., the Issuer, or other third party, as applicable.

7.3 Periodic Statements

Moto Finance will automatically debit your account at the end of each month for the outstanding balance of your Credit Card, and your spending limit in the next month will be adjusted proportionately, taking into account any increase from yield or additional deposits. Notwithstanding the foregoing, you are responsible for payment in full of all Charges and Fees. Your Moto Card International Account may include Periodic Statements identifying Charges, Fees, refunds, the amount of your Collateral, any other Card transactions, or other amounts owed or credited to your Moto Card International Account. Periodic Statements may be made accessible to you on your Moto Card International Account daily, monthly, or as otherwise prescribed by Issuer. You must notify us promptly if you believe that there are any errors on your Periodic Statement, and submit any disputes or Chargebacks in accordance with these Card Terms. We are not obligated to send you a monthly statement if we deem your Account uncollectible or if applicable law does not require us to send you a monthly statement for other reasons.

7.4 Repayments

Where applicable, you may make a repayment for a balance on one or more of your Moto Card International Cards by any means that are permitted by Moto Card International and as provided in your Moto Card International Account.

Any failure to pay the full amount owed to Moto Card International or the Issuer, as applicable, when required is a breach of these Card Terms. You are responsible for all costs or expenses we may incur in collecting amounts owed but not paid on time, including legal or collections fees and any interest at the maximum rate permitted under law.

7.5 Prepayment

At any time and where applicable, you may pay all or any part of your outstanding Account balance, without penalty. Payment of more than the payment due in one billing cycle will not relieve you of the obligation to pay the entire payment due in subsequent billing cycles.

7.6 Moto Finance Wallet

The Moto Finance service is hosted on a self-custodial wallet, operates on the Solana blockchain network, and extends credit to you based on criteria established solely by Moto Finance and set forth in the Moto Finance terms and conditions. Issuer does not originate or extend credit to you in connection with Moto Finance’s services but instead issues a Card that you may use to access credit extended through the Moto Finance platform. The Moto Finance platform is solely responsible for its credit services, including evaluating, approving, and denying your credit application. Issuer has no responsibility for, and does not in any way participate in, the Moto Finance credit transaction.

You understand that by using the Card, you agree that the Issuer has no affiliation with, and no liability for, any interactions between you and the Moto Finance protocol. The Moto Finance protocol services, and your access and use of those services, are governed by your separate terms of service for the platform made available via the Moto Finance application protocol. By using the Moto Finance platform, you understand that you are not buying or selling digital assets from either the card Issuer or Moto Finance. You understand that Issuer is not affiliated with and has no relationship to the Moto Finance protocol or any assets linked thereto. Any fees associated with the Moto Finance platform accrue to providers on that platform, and neither the Issuer nor Moto Finance controls those fees. You also agree and understand that the Issuer does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents.

You acknowledge and agree that you will access and use the Services, including, without limitation, the Moto Finance protocol at your own risk and will not hold Issuer or its affiliates responsible for any interaction with the Moto Finance Protocol or the Services. If you have any issues with a transaction that is not a Card purchase, refer to your terms of service with Moto Finance. Should you have any issue with a transaction completed with your Card, please contact Issuer through the customer service channels listed in this Agreement.

8. Fees.

Subject to applicable law, you agree to pay the following fees:

We will disclose any Fees to you when you are approved for a Moto Card International Card through your Moto Card International Account, by updating these Card Terms, or through our website.

Membership Fee: Section 3.2 describes membership fees for Moto Lite Membership and Moto Full Membership.

Physical Card Fee: Section 3.7 describes fees for physical Cards, including additional and replacement Cards.

Onramp Fees: Moto Lite Members are charged a one-time fee of €5, including existing users receiving Moto Lite Membership benefits during the Transition Period, when a EUR Virtual IBAN is issued to them through Moto Finance’s third-party provider, Lightspark Payments Europe AS. No EUR Virtual Account Onboarding Fee applies to Moto Full Members; see Section 8.3 (Onramp fees and Third-Party Provider for Virtual Asset and EUR Services).

Foreign Transaction Fee: Section 8.2 describes foreign transaction fees applicable to Moto Lite Membership.

Yield Fee: We will charge a fee on the yield accrued on deposits in your Moto Finance wallet and reserve the right to retain any yield above the maximum percentage applicable to your tier. Conversion Fee: Users may be subject to a conversion or bridge fee when depositing assets into the Moto Finance wallet and converting cryptocurrencies. We may update, add, or change Fees upon 30 days’ notice to you. Fees we assess may include interest or other finance-related charges, periodic fees, Membership fees (as described in Section 3), fees for Card issuance or replacement, fees applicable to certain transactions, foreign transaction fees, usage fees, service fees, cash advance fees, fees for late payments, fees for failed payments or returned payments, fees for misuse of the Services, fees for Liquidation Events, or other fees we disclose to you. You are responsible for Fees in addition to Charges.

8.1 Penalty fees.

(a) Liquidation fee (Reserved)

(b) Each time a payment on your Account is returned or reversed for any reason or we must return any check, instrument, or transaction you send us because it is incomplete or faulty, we will charge you a returned payment fee of up to $29.00. However, we will not charge a returned payment fee if we are charging a late fee for the same minimum payment due, and we will never charge a returned payment fee exceeding the minimum payment due that was due immediately before the date the payment was returned to us.

(c) Additional fees. We may charge fees for special services you request under applicable law.

8.2 Foreign Currency Transactions

If you make a transaction using your Account in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the credit card association will convert any transaction in foreign currency into U.S. dollars using an exchange rate for the applicable central processing date that is (1) selected by the association from the range of rates available in wholesale currency markets, which rate may vary from the rate the association receives, or (2) the government-mandated rate. The conversion rate you get may differ from the rate on the transaction date or the posting date, and from the rate that the credit card association gets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before sending it to the credit card association.

Foreign transaction fees of up to 2.2% may be assessed at the network or Issuer level. For Moto Full Members, Moto subsidizes the Visa exchange rate and any such foreign transaction fees, so no foreign transaction fee or exchange-rate markup is passed on to you. This subsidy is provided at Moto’s expense and may be modified or discontinued in accordance with the Change of Terms section (Section 12) of these Card Terms. For Moto Lite Members, and for existing users during the Transition Period described in Section 3.3, Moto does not provide a subsidy. Charges made in a foreign currency are converted at the applicable exchange rate described above and are subject to a foreign transaction fee of up to 2.2%.

8.3 Onramp fees and Third-Party Provider for Virtual Asset and EUR Services

(a) Provider. Virtual Asset services (including deposits, withdrawals, and conversions of Digital Assets) are provided, and EUR Virtual IBAN issuing and transacting (including fiat pay-in and pay-out) is made available through partners including Moto Finance’s third-party provider, Lightspark Payments Europe AS (registry code: 16298772), address: Pärnu mnt 110, Tallinn, Estonia, in accordance with its terms and conditions.

Your use of these services is additionally subject to the terms and conditions of Lightspark Payments Europe AS, which you must accept before using the services. Lightspark Payments Europe AS is not the Issuer of the Card, is not a party to these Card Terms, and does not issue the Card or provide any card, card network, or card payment services; the Card is issued by the Issuer under license from Visa as described in Section 2. This Section 8.3 applies only to the Virtual Asset and EUR services described above. Issuer has no involvement in, and no liability for, those services, and Section 7.6 applies to them accordingly.

(b) Account creation and access. To use these services you must hold an account in the Moto application linked to a valid e-mail address and protected by a password that you create and use to log in. The requirements of Lightspark Payments Europe AS, including identity verification, apply to account creation and to access to these services, and Moto Finance may decline, suspend, or withdraw access where those requirements are not met. Moto Finance does not store your password in plain text and protects your credentials using industry-standard hashing and encryption and the security measures described in Section 16.4. You must keep your credentials confidential as required by Section 5.

(c) Fees. The only fee that Moto Finance charges through Lightspark Payments Europe AS is the EUR Virtual Account Onboarding Fee, as follows:

  • Moto Lite Members, including existing users receiving Moto Lite Membership benefits during the Transition Period: a one-time fee of €5, charged when a EUR Virtual IBAN is issued to you.
  • Moto Full Members: no fee. Moto Finance subsidizes this fee at its own expense, and the subsidy may be modified or discontinued in accordance with the Change of Terms section (Section 12) of these Card Terms.

Moto Finance does not charge any fee on Virtual Asset deposits, Virtual Asset withdrawals, Virtual Asset trading, fiat pay-in, or fiat pay-out through Lightspark Payments Europe AS. Any Virtual Asset withdrawal is subject to the network-fee-based fee collected by Lightspark Payments Europe AS, which applies in addition to any fee charged by Moto Finance. Conversion or bridge fees charged by other service providers, as described in this Section 8, are not Moto Finance fees.

Moto Finance collects the above fee through its third-party provider Lightspark Payments Europe AS. Moto Finance guarantees that it instructs Lightspark Payments Europe AS to debit the fees payable by you from your account in accordance with the pricing applicable to your Membership tier. Moto Finance assumes sole liability for compensating charged fees to which you have not consented. Moto Finance does not collect any fees for these services outside the Lightspark Payments Europe AS platform.

(d) System security and downtime. Moto Finance protects the Moto application with commercially reasonable technical and organizational security measures, including encryption of data in transit and at rest, access controls, and monitoring, as further described in Section 16.4. The services may be temporarily unavailable during scheduled maintenance, which Moto Finance will announce in the Moto application where reasonably possible, or during unscheduled downtime caused by Moto Finance, Lightspark Payments Europe AS, blockchain networks, or other third parties. Moto Finance will use reasonable efforts to restore availability promptly but does not guarantee uninterrupted access, and transactions initiated during downtime may be delayed or rejected.

(e) Data processing. Moto processes personal data in accordance with the Moto Finance Privacy Policy, as described in Section 16. To the extent Moto processes your personal data upon the instructions of Lightspark Payments Europe AS in connection with these services, Moto acts as a data processor; upon processing any additional personal data and/or for additional purposes, Moto acts as a data controller.

(f) Customer support. Support for these services is provided by Moto Finance through the Moto application, by email at contact@moto-card.com, and by telephone at +1 (978) 584-4083. Moto Finance will acknowledge support requests, complaints, and claims within two business days of receipt and will provide a substantive response to complaints and claims within fifteen business days of receipt. Where a complaint cannot be resolved within that period for reasons outside Moto Finance’s control, Moto Finance will inform you of the reasons and the expected timeframe, which will not exceed thirty-five business days from receipt. Complaints relating to services performed by Lightspark Payments Europe AS may be escalated to Lightspark Payments Europe AS in accordance with its terms and conditions.

9. Managing Your Moto Card International Cards

9.1 Requesting and Replacing Cards

The Issuer, or we, may decide not to grant requests for Moto Card International Cards or limit the number of physical or virtual Moto Card International Cards provided to you. Section 3.7 describes fees for physical Cards, including additional and replacement Cards.

You are responsible for securing Moto Card International Cards, account numbers, and Moto Card International Card security features. You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a Moto Card International Card is lost, stolen, breached, or needs to be replaced. In such cases, you may request the issuance of replacement Moto Card International Cards through your Moto Card International Account. Replacement Cards may have new account numbers, which may require you to update the Moto Card International Card on file for any scheduled or recurring payments. You are solely responsible for updating Moto Card International Card information stored with merchants where account numbers have been changed.

9.2 Permitted and Unauthorized Use

You may only use Moto Card International Cards for bona fide personal charges and transactions.

You agree to establish and maintain controls designed to ensure that the Moto Card International Cards are only used by you for purposes and in compliance with these Card Terms, any Moto Card International terms, and applicable law. You are responsible for Charges and transactions made by any person given access to Moto Card International Cards even if they are not the person associated with or named on the Moto Card International Card.

Moto Card International, Issuers, Card Networks, or other intermediary third-party service providers (including merchant acquirers) may deny or reverse Charges for any reason. Issuer is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed.

9.3 Lost or Stolen Cards.

If your Card is lost or stolen or if you think someone may be using your Card or Account without your permission, you must notify us promptly by emailing us at team@moto-card.com or calling us at +1 (978) 584-4083. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before receipt of your notice by us. You have an obligation to assist us in our investigation if your Moto Card International Card is lost or stolen, or you believe someone is using your Moto Card International Card or your Moto Card International Account without your permission.

9.4 Nigerian Users

It is important to note that the card is marketed to you by BANEX MICROFINANCE BANK LIMITED (BANEX), a financial institution licensed by the Central Bank of Nigeria (CBN). Additionally, BANEX will be responsible for ensuring that the card meets all the requirements of the CBN (including but not limited to filing requisite returns with the CBN) and other Nigerian laws, and continues to operate within the bounds of the applicable laws. BANEX will also be responsible for ensuring that your personal data is processed in compliance with the Nigeria Data Protection Act and any other applicable data protection laws. Notwithstanding the foregoing, any complaint should be sent to Moto Finance Inc. and it will be responsible for providing customer service support.

10. Chargebacks

You are responsible for reviewing your Periodic Statements promptly and identifying any Charges that you believe are unauthorized or that you dispute.

If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your Moto Card International Account. You must report any disputed Charge or error no more than 60 days after the disputed Charge is posted on your Periodic Statement. We may require additional details on the transaction and our review of your disputed Charge will be conditioned on you providing all of the information we may require to review the disputed Charge.

You understand that the Moto Card International Card is subject to Card Network rules regarding chargebacks. The Card Networks have additional established procedures for resolving chargebacks that may require you to provide further details of the disputed Charge or associated documentation.

Charges relating to disputed Charges and Chargebacks that are pending resolution may still be due and owing as of the date that payment is due as provided in the applicable Periodic Statement. Chargebacks resolved in your favor will be credited to your Moto Card International Account on either the current or a future Periodic Statement. We may impose Fees, reduce your spending limits, or suspend access to your Moto Card International Account or the Services if you fail to pay Charges relating to Chargebacks that are pending resolution on the payment date.

11. Termination

Subject to applicable law, we may suspend, revoke or cancel your Account privileges, your right to use the Card or deny any transaction, in our sole discretion at any time, with or without cause and with or without giving you notice. Any termination of credit privileges, whether initiated by us or by you, will not affect any of our rights or your obligations under these Card Terms, including your obligation to repay any amounts you owe us according to the terms of these Card Terms. On our demand or upon termination of credit privileges, you agree to surrender to us or destroy the Card. If you attempt to use the Card after the termination of credit privileges (whether or not we have provided notice of such termination), the Card may be retained by a merchant, ATM or financial institution where you attempt to use the Card.

12. Change of Terms

Subject to applicable law, we may at any time change, add to or delete terms and conditions of these Card Terms, including interest rates and this Change of Terms provision. Such changes may be based on our anti-fraud policies and procedures, your level of compliance with these Card Terms, prevailing economic conditions and/or any other factors. We will give you notice of any change, addition or deletion as required by applicable law. As of the effective date, the changed terms, at our option, will apply to new purchases and the outstanding balances of your Account, to the extent permitted by applicable law.

13. Remedies

In the event of your default under these Card Terms, we may, subject to applicable law (including any applicable notice requirement): (a) declare all or any portion of your outstanding Account balance to be immediately due and payable; (b) instead allow you to repay your Account balance by paying the minimum payment due each billing cycle, without waiving any rights under subsection (a); and/or (c) commence a collection action against you and charge you for any court costs and/or any reasonable attorneys’ fees and costs we are charged in connection with such action by any attorney who is not our salaried employee. After a default, interest charges will continue to accrue until your total Account balance, including accrued interest charges, is paid in full, subject to applicable law.

14. Delay in Enforcement

We may at any time and in our sole discretion delay or waive enforcing any of our rights or remedies under these Card Terms or under applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. For example, we may accept late payments without losing any of our rights under these Card Terms.

15. Communications and Call Recording.

You authorize Moto Card International, Issuer and their partners (one of and each of Issuer’s joint or independent affiliates, agents, assigns, and service providers (collectively, the “Messaging Parties”) to use automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems, or any system capable of storing and dialing telephone numbers to deliver messages relating to these Card Terms, your Account, or your relationship with the Messaging Parties more generally (including but not limited to: messages about , upcoming payment due dates, missed payments and returned payments) to any telephone number(s) you provide to the Messaging Parties. You also agree that these messages may deliver prerecorded and/or artificial voice messages. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else, and that these messages may also be recorded by your answering machine. You also authorize the Messaging Parties to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means.

You understand that anyone with access to your mail, telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. If any telephone number you have provided to the Messaging Parties changes, or if you cease to be the owner, subscriber, or primary user of any such telephone number, you agree to immediately give notice to the Messaging Party who delivered the messages of such facts so that the Messaging Party can update its records.

This authorization is part of our bargain concerning these Card Terms, and we do not intend it to be revocable. However, to the extent you have the right to revoke your consent to communications by autodialed calls and text messages to your mobile number under applicable law, you may exercise this right by contacting the applicable Messaging Party directly or by sending a request by email to team@moto-card.com with the subject line “END COMMUNICATIONS.” You may opt-out of receiving most of these messages at any time by sending us a request to team@moto-card.com or by responding “STOP” to any text message. To stop emails only, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails.

16. Privacy and Data Protection

16.1 Moto processes personal data in accordance with the Moto Finance Privacy Policy, which is incorporated into these Card Terms by reference. By using the Services, you agree to the collection, use, and processing of your personal data as described therein.

16.2 Moto collects personal data including identity documents, biometric KYC data, wallet addresses, transaction history, device information, and usage data, which is used to operate the Services, comply with legal obligations, prevent fraud, and improve services.

16.3 Wallet addresses and on-chain transaction data are publicly visible on the blockchain. Blockchain data is immutable and cannot be deleted. Moto is not responsible for the public nature of on-chain data.

16.4 Moto implements commercially reasonable technical and organizational security measures to protect personal data. No system is perfectly secure, and Moto does not guarantee absolute data security.

16.5 Moto may transfer personal data internationally, including to the United States and other jurisdictions, subject to appropriate safeguards described in the Privacy Policy.

17. Governing Law

These Card Terms will be interpreted in accordance with the laws of Puerto Rico without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration section below must be brought in state or federal court in Puerto Rico, unless we both agree to some other location, and you hereby consent to the venue and personal jurisdiction of such court.

18. Dispute Resolution & Arbitration

PLEASE READ THIS “DISPUTE RESOLUTION AND ARBITRATION” PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ISSUER.

Binding Arbitration:

(a) You and Issuer agree that any and all past, present and future Disputes (defined below) shall be determined by arbitration, unless your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Issuer further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction. “Dispute” means any dispute, claim, or controversy between you and Issuer that arises out of or relates to (i) these Card Terms (including any addenda hereto or other terms incorporated herein by reference), (ii) the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of the agreement to arbitrate hereunder, or (iii) any Services (including, without limitation, the Moto Card International Card).

(b) This agreement to arbitrate shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Card Terms.

Arbitration Procedure:

(a) Before filing a claim against Issuer, you agree to try to resolve the Dispute informally by providing written notice to Issuer of the actual or potential Dispute. Similarly, Issuer will provide written notice to you of any actual or potential Dispute to endeavor to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the “Notifying Party”) will include in that notice (a “Notice of Dispute”) your name, the Notifying Party’s contact information for any communications relating to such Dispute, and sufficient details regarding such Dispute to enable the other party (the “Notified Party”) to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.

(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 these Card Terms, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred in connection with such Dispute.

(c) You and Issuer each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as described below in the section titled Small Claims. You and Issuer agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules (the “Rules”). The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit, subject to any effective and enforceable limitations of liability or exclusions of remedies set forth herein. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other Issuer users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may — if selected by either party or as the chair by the two party-selected arbitrators — participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.

(d) You and Issuer further agree that the arbitration will be held in the English language in New York, New York, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means.

(e) Filing costs and administrative fees shall be paid in accordance with the AAA Rules; provided that the prevailing party will be entitled to recover its reasonable attorneys’ fees, expert witness fees, and out-of-pocket costs incurred in connection with the arbitration proceeding, in addition to any other relief it may be awarded.

(f) You and Issuer agree that, notwithstanding anything to the contrary in the Rules, the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Issuer may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Issuer will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR ISSUER SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.

Small Claims:

Notwithstanding your and Issuer’s agreement to arbitrate Disputes, You and Issuer retain the right to bring an individual action in small claims court.

Class Waiver:

To the extent applicable law permits, any dispute arising out of or relating to these Card Terms, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of these Card Terms or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.

No Jury Trial:

If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Card Terms.

Venue and Jurisdiction for Judicial Proceedings:

Except as otherwise required by applicable law or provided in these Card Terms, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and Issuer agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Puerto Rico. Both you and Issuer irrevocably consent to venue and personal jurisdiction there; provided that either party may bring any action to confirm an arbitral award in any court having jurisdiction.

Confidentiality:

The existence of and all information regarding any Dispute will be held in strict confidence by the parties and will not be disclosed by either party except as reasonably necessary in connection with the conduct of the arbitration or the confirmation or enforcement of any arbitral award. Any such permitted disclosure will, to the maximum extent reasonably practicable, be made subject to obligations of confidentiality at least as stringent as the provisions of this paragraph. If any disclosure of information regarding any Dispute is required under applicable law, the parties shall reasonably cooperate with one another to obtain protective orders or otherwise to preserve the confidentiality of such information.

Survival:

This agreement to arbitrate shall survive the termination or expiration of these Card Terms. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. In the event that a court finds the prohibition of Collective Arbitration to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of these Card Terms unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to the preceding paragraph.

Indemnity:

You will indemnify and defend each of Moto Finance Inc. and Issuer, 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, 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 or by any Company Administrator or Company User 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 any Issuing Partner or that otherwise relate to the Services or the use of the Moto International Card; (ii) for amounts owed by Company to third parties; (iii) for acts or omissions of Company Administrators, Company Users, or other Company employees or agents; (iv) for Company’s use of the Services; or (v) for disputes over charges between Company and merchants. Each Indemnitee may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse each Indemnitee 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 the 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.

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