Your donation for two-way satellite-based internet service (“Services”) and a Starlink equipment (“Starlink Kit” or “Kit”) for third-party beneficiaries is subject to these terms (“Terms”). These Terms, those terms incorporated by reference, and the details you agree to in your online donation order (“Order”) form the entire agreement (“Agreement”) between you and Space Exploration Technologies Corp. (known as “Starlink” in these Terms).
Regarding your donation, you acknowledge and agree that —
Your donation is being made to Starlink in order to provide Starlink Kit(s) and Services to third-party beneficiaries from one of the following categories: education, telehealth, emergency response or humanitarian effort (“Beneficiary(ies)”), as determined solely by Starlink.
The Starlink team will undertake to apply your contribution to a Beneficiary from the category that you selected in the Order, but applying your contribution to the selected category is not guaranteed. At Starlink’s sole discretion, the team may allocate your contribution to one of the other listed Beneficiaries described on Order based on factors such as need or volume. This includes applying your donation to a new Beneficiary in need of internet access or to an existing Beneficiary in order to extend or continue use of Starlink Services.
Starlink is not a charitable organization and so your contribution is likely not tax deductible. All tax questions related to your donation should be directed to your tax advisor. Additional details about Starlink and your donation can be found at www.starlink.com/faq.
Once a donation has been made, it is final and non-refundable.
Subject to the conditions of Section 1.2, you authorize Starlink to immediately charge your approved payment method for the equivalent of a one-time purchase price (a) of a Starlink Kit, including shipping & handling and applicable taxes, if applicable; and (b) one, two, or three-years of Services, including applicable taxes, as selected in your Order.
You authorize Starlink to charge an approved payment method, including bank-to-bank payments, credit or debit cards (where available) for all charges made under the Agreement in US dollars. Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including but not limited to, fees that may be charged by the issuer for international transactions.
In addition to charges for the Starlink Kit and Services, we may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, goods and services, consumption, sales, use, gross receipts, excise, and access.
Starlink may change or discontinue this donation program, Beneficiary categories or recipients, donation prices levels, these Terms, and the Kit versions at its sole discretion.
Either you or Starlink may, at any time, without prior notice, immediately terminate this Agreement for convenience.
Starlink processes personal information as described in its Starlink Privacy Policy, as amended from time to time.
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.
Please carefully read this Section 10 (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 the state/provincial or national (whichever is closer) capital city within the jurisdiction of your service address. 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 to starlinkresolutions@spacex.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. If you commence an arbitration against Starlink pursuant to this binding arbitration clause, Starlink will pay the arbitration fees and expenses imposed by the ICC directly. However, if the arbitrator finds your claim is frivolous or brought for an improper purpose, then Starlink may seek reimbursement of any ICC fees and expenses it has paid on your behalf.
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.
This Section 10 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.
Compliance with Law. You agree to comply with all laws and regulations applicable or related to the performance of obligations under this Agreement.
Limitation of Liability. Starlink is not liable for any incidental, special, indirect punitive or consequential damages arising out of this Agreement.
No Unauthorized Transfers; Assignments. You may not assign, sell, or transfer this Agreement, without Starlink’s consent. Unauthorized transfers or assignments will be null and void. Starlink can assign its rights and obligations under these Terms, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.
Severability. 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.
Eligibility. You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to donate.
Electronic Delivery Policy, Customer Consent, and Notices. You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by Starlink or its affiliates via paper and/or electronic delivery at Starlink’s sole discretion. Starlink may deliver or display Notices to you by email or pop-up window, or by posting a message on the Services or the Starlink Customer Portal.
No Waiver. No waiver by Starlink of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by Starlink of any right under these Terms will be construed as a waiver of any other right. Starlink will not be required to give notice to enforce strict adherence of these Terms. A waiver must be provided in writing by an authorized representative of Starlink to be effective.