These terms (“Terms”) apply to you and Space Exploration Technologies Corp. (known as “Starlink” or “we” in these Terms) when you place a deposit payment for Starlink. These Terms and the details you agree to when placing your Deposit Payment form the entire agreement between you and Starlink (“Agreement”).
Your deposit payment (“Deposit Payment”) is exclusive of any VAT or other taxes and will be applied towards a future purchase of Starlink equipment (“Starlink Kit” or “Kits”) offered by Starlink aviation as part of its two-way satellite-based in-flight internet service for (“Service(s)”). By placing your Deposit Payment, you have established priority for purchasing the Starlink Kit when available for your airframe. Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including fees that may be charged by the card issuer for international transactions. Additional details about Starlink and your Deposit Payment can be found at www.starlink.com/faq.
Your Deposit Payment is fully refundable and can be requested at any time via your Starlink account. If you seek and obtain a refund, you will forfeit your priority position. The exact refunded amount will be subject to (a) any fees charged by your card issuer; and (b) changes in currency exchange rates as applied by your payment provider between the time of deposit and the refund.
Placing a Deposit Payment does not guarantee that the Starlink Kit and Services will be available to you, your airframe, nor does it constitute an offer to sell or order Services or the Starlink Kit. Enrollment limits may apply. Starlink Kit designs and Services are subject to change based on technological innovation. The Service availability dates are estimates only and subject to change. It is Starlink’s sole discretion to determine whether it can supply you with a Kit for your airframe and does not guarantee when Services will actually be available for your airframe. Service delivery and equipment installation is dependent on many factors, including various regulatory approvals. equipment certifications, airframe type, modifications required.
If Services become available for your airframe and within your region, Starlink will send you an offer notice. To secure Services and a Starlink Kit, you must agree to the terms of service and complete your purchase. Prices for the Services and Kits presented at the time you place your Deposit Payment are subject to change to the prices in effect at the time of order and will include any applicable taxes, duties, delivery charges, and any other applicable fees. The exact amount to be applied towards your future purchase will be subject to changes in currency exchange rates between the time of deposit and the purchase order.
You understand that Starlink will not hold your Deposit Payment separately, for example in an escrow account or trust fund, or pay any interest on your Deposit Payment. Your Deposit Payment and rights under these Terms are not transferable or assignable to any other party, airframe, or service address without the prior written approval of Starlink.
From time-to-time, Starlink may ask you to provide information so that we can perform our obligations under this Agreement. Starlink will maintain your personal information in accordance with our Starlink Privacy Policy, which is available at https://www.starlink.com/privacy-policy
These Terms and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of New York, in the United States.
The following Section shall not apply if and to the extent the laws of the jurisdiction in which you are located prohibit parties from entering into an agreement to exclusively arbitrate their Disputes or to waive their right to bring a claim as part of a class proceeding within the context of a contract such as this Agreement.
Please carefully read Section 8 (Agreement to Arbitrate), which applies to any Disputes between you and Starlink, including any Starlink affiliates.
Under these Terms, you and Starlink each waive any and all rights to have a court or jury hear or decide any Disputes. Rather, Disputes will be settled by a single arbitrator in a binding arbitration administered by the International Chamber of Commerce (“ICC”) in accordance ICC Rules of Arbitration. The place of arbitration will be Los Angeles, California. The arbitration language will be English. To learn more about the rules and how to begin an arbitration, go to https://iccwbo.org/.
Notice of Dispute. If you have a Dispute, before initiating arbitration, you must send a written to starlinkresolutions@Starlink.com describing your issue and your desired resolution. If your Dispute has not been resolved within 60 days of submitting a notice, you may initiate arbitration as described above.
Arbitration Costs and Fees. Each side shall pay their own Dispute costs, including arbitration and other legal fees.
PROHIBITION ON CLASS ARBITRATION. YOU AND STARLINK AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ACTION OR CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, YOU AND STARLINK MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR STARLINK AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
Starlink maintains the right to cancel and refund your Deposit Payment for any reason at Starlink’s election, including if we discontinue a service, product, feature or option after the time you place your Deposit Payment.
If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by Starlink or its affiliates via electronic delivery.