THIS AGREEMENT GOVERNS THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THIS AGREEMENT OR COMPLETING THE ACCOUNT REGISTRATION PROCESS, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, (3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF YOUR PLACE OF RESIDENCE AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. YOU MUST BE THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, AND, IN ANY EVENT, NOT UNDER 18 YEARS OLD (“ADULT”). IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN‑CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL OF SERVICE TERM IN ACCORDANCE WITH SECTION 4.1 BELOW. THE AGREEMENT IS SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 14.7. PLEASE NOTE THAT IF YOU OPT‑IN TO OBTAIN TEXT MESSAGES FROM COMPANY, SECTION 2.8 OF THESE TERMS CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES. 1. Artificial Intelligence Disclaimer Artificial Intelligence (“AI”) and machine learning are rapidly evolving fields of research. When using or accessing the Services, you need to be aware of the following: 1.1 Basic Understanding and Responsibility You acknowledge that you are interacting with an AI system. AI systems are based on probabilistic models, which may result in misunderstandings or errors. Company is not responsible for any misunderstandings or inaccuracies caused by AI. Output results may contain a “Made with Neuro” watermark or other forms of identification, which are inherent components of the system and cannot be removed at this time. 1.2 User Responsibilities You are responsible for independently reviewing all Output (as defined below). You should exercise personal judgment before relying on Output. You are fully responsible for monitoring and approving the use of Output. You assume responsibility for any decisions, actions, or omissions based on Output. 1.3 Inherent Limitations of AI Functionality Outputs may contain errors or inaccurate information. AI lacks creative thinking and may produce repetitive or formulaic content. AI may struggle to understand subtle nuances in language, including slang and cultural references. AI cannot understand or express emotions like humans. AI outputs may perpetuate biases present in its training data. AI has limitations in performing complex reasoning and judgment tasks. AI relies on large volumes of training data, and issues with training data quality can affect Output. 2. Access and Use 2.1 Access Rights Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable license to access and use our Services solely for your own personal purposes. We reserve the right to modify, suspend, or terminate any part of the Services at any time without prior notice. You agree not to use the Services in any way that could damage their functionality or accessibility. Subject to your compliance with this Agreement, Company grants you a limited non‑exclusive, non‑transferable, non‑sublicensable, revocable license to download, install and use a copy of the App on a single device that you own or control and to run such copy of the App solely for your own personal purposes. 2.2 Account Responsibilities To access our Services, you must complete account registration and ensure that the information you provide is accurate, up‑to‑date, and complete. You must promptly update any changes and must not impersonate others or provide false information. Your login credentials (e.g., username, password, access keys) must remain confidential, and you are responsible for all activities conducted under your account. If you detect unauthorized use or security breaches, you must notify us immediately. We reserve the right to disable your account if you violate these Terms or provide false information. 2.3 Prohibited Conduct As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law and regulations, and any other documentation, guidelines, or policies we make available to you, including our Usage Policy. You shall not (and shall not permit any third party to): (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Services (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Company’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services; (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (vii) impersonate any person or entity, including any employee or representative of Company; or (viii) interfere with or attempts to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service. Abuse is prohibited. Abuse includes: (i) using false information, multiple accounts, or automated tools for Activities; (ii) circumventing Activity rules or exploiting system vulnerabilities; (iii) using Services for illegal, harmful, or inappropriate purposes; and (iv) violating other Agreement provisions. Upon discovering Abuse, the service may: (i) deduct credits or disqualify users from Activities; (ii) suspend accounts temporarily or permanently; and (iii) take appropriate legal action for severe abuse of service. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Services terminates the licenses granted by Company pursuant to this Agreement. 2.4 Usage Restrictions The Services may impose usage restrictions on specific features or settings, such as limits on access frequency, storage capacity, or other system resources. Related limitations or restrictions are set out in documentation, guidelines, or policies we make available to you, including our Usage Policy. 2.5 Teams By using our services as part of a team or organization, your personal account details and individual operational privileges remain confidential and may not be disclosed or shared with any other user within the team unless you explicitly grant access consistent with your organization’s sharing policy. You further understand that an administrator may establish and manage a single, organization-wide credit pool solely for billing and usage allocation. This administrative role does not confer access to, and expressly prohibits viewing of, any user-specific information, permissions, or content you create or store in the service. 2.6 Supplemental Terms Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Services or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Services. 2.7 Third Party Accounts The Services may allow you to provide content from third‑party services where you maintain an account (“Third Party Account”). By allowing Company to access your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers. By granting Company access to any Third-Party Account, you understand that Company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through the Services. Unless otherwise specified in this Agreement, all Third-Party Account Content is considered to be Your Content (as defined below) for all purposes of this Agreement. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
2.7.1 Subprocessors
The Company works with trusted third-party subprocessors who assist in providing the Services. These subprocessors may process your data or provide technical infrastructure, payment processing, analytics, or other services necessary for the operation of the Services. A complete and up-to-date list of our subprocessors, including their names, locations, and the services they provide, is available at [patternautomation.ai/subprocessors] or [patternautomation.com/subprocessors]. By accepting these Terms, you also acknowledge and accept the terms and conditions of our subprocessors as they relate to the provision of Services. We will notify you of any material changes to our subprocessor list in accordance with applicable legal requirements. The Company ensures that all subprocessors are contractually obligated to protect your data in accordance with this Agreement, our Privacy Policy, and applicable data protection laws, including the General Data Protection Regulation (GDPR). 2.8 Messaging Services Company may offer one or more mobile message programs (collectively, the “Message Service”) that allow users to receive SMS/MMS. 2.9 Third Party Application Access With respect to any App accessed through or downloaded from the Apple App Store or Google Play (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:- You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
- You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- Your account has been restricted, suspended, or terminated due to policy violations, abuse, or fraud;
- You have already received a prior refund for similar products or services;
- You purchased credits, subscriptions, or other services via promotions, coupons, or discounted pricing; or
- The refund request is made after the applicable period or relates to used Credits or consumed services.
Duration of Agreement
These Terms become effective upon your acceptance of the Offer and remain valid indefinitely until terminated in accordance with this section. Termination by User: You may terminate these Terms at any time by: (i) ceasing to use the Services; (ii) closing your account through your account settings; or (iii) providing written notice to the Company at info@patternautomation.com. Termination by you does not entitle you to a refund of any fees already paid, except as expressly provided in these Terms or required by applicable law. Termination by Company: The Company may terminate or suspend your access to the Services immediately, with or without notice, for any reason, including but not limited to: (i) your violation of these Terms; (ii) your engagement in prohibited conduct or abuse; (iii) your failure to pay applicable fees; or (iv) as required by law or regulatory authorities. Effect of Termination: Upon termination of these Terms: (i) your right to access and use the Services will immediately cease; (ii) you will remain liable for all fees and charges incurred prior to termination; (iii) the Company may delete your account and all associated data in accordance with our data retention policies; and (iv) all provisions of these Terms that by their nature should survive termination (including but not limited to confidentiality, intellectual property, limitation of liability, and dispute resolution) shall continue in full force and effect. 8. Privacy 8.1 Privacy Policy We process your personal information as data controller for the purposes of (a) providing the Services (unless you are using our Services on behalf of your enterprise) and (b) managing your relationship with us in accordance with these Terms, including any billing, payment, or marketing activities. For clarity, our Privacy Policy explains how we collect and use personal information. The Company processes personal data in strict compliance with Regulation (EU) 2016/679 (General Data Protection Regulation or GDPR) and other applicable data protection laws. Responsibilities of the Company: •Use personal data only for the purposes defined in these Terms and our Privacy Policy; •Ensure confidentiality and security of personal data through appropriate technical and organizational measures; •Process personal data only on lawful grounds (contract, legitimate interests, legal obligations, or consent); •Respect your rights as a data subject under applicable data protection laws. Responsibilities of the User: •Provide accurate and lawful personal data when using the Services; •Ensure that you have legal grounds for transferring any personal data to the Company, including personal data of third parties (such as employees, customers, or contacts); •Respect the confidentiality of data belonging to the Company’s employees, partners, and other users; •Comply with applicable data protection laws when using the Services to process personal data of others. If you use the Services to process personal data of third parties (for example, as a data controller), you acknowledge that the Company acts as a data processor on your behalf, and you agree to enter into a separate Data Processing Agreement (DPA) if required by applicable law. For more information about how we process personal data, please refer to our Privacy Policy available at our Privacy Policy. 8.2 Enterprise related processing of personal information If you use the Services to process personal information on behalf of your enterprise you and us shall (a) process personal information in accordance with applicable law, and (b) execute our Data Processing Agreement. 9. Disclaimer 9.1 Service Disclaimer YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE, OUTPUT, OR YOUR CONTENT. THE COMPANY PARTIES MAKE NO WARRANTY, OR REPRESENTATION THAT: (1) THE SERVICES OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE OUTPUT, ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY MAKES AVAILABLE THE OUTPUT OF THIRD-PARTY AI SERVICES AND IS NOT THE PROVIDER OF ANY AI SERVICE OR ITS OUTPUT AND IS NOT RESPONSIBLE FOR SUCH AI SERVICE OR OUTPUT. COMPANY HEREBY DISCLAIMS AND WILL HAVE NO LIABILITY RESULTING FROM OR WITH RESPECT TO (i) THE OPERATION, MAINTENANCE, FUNCTION, FAILURE, OR SECURITY OF ANY AI SERVICE, (ii) ANY ACT OR OMISSION OF ANY PROVIDER OF ANY AI SERVICE, (iii) THE OUTPUT OR CONTENT GENERATED BY AN AI SERVICE, OR (iv) ANY DECISION OR ACTION TAKEN BY CUSTOMER AS A RESULT OF ANY OF THE FOREGOING. 10. Indemnification You shall indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) Your Content, or any use of the Output by you; (ii) your use of, or inability to use, the Services; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; or (v) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this Section will survive any termination of your account, this Agreement and/or your access to the Services. 11. Limitation of Liability Notwithstanding anything to the contrary and to the fullest extent permitted by law, under no circumstances shall either party, its affiliates, or any licensors or suppliers of the Company be liable for: (a) Any consequential, indirect, special, incidental, or punitive damages; (b) Any loss of profits, business, revenue, anticipated savings, or unnecessary expenses; (c) Any loss, damage, or interruption of data, networks, information systems, reputation, or goodwill; (d) The cost of procuring any substitute goods or services. To the fullest extent permitted by law, the aggregate liability of Company and its affiliates under or in connection with this agreement, the software, and the services shall not exceed the total amount you actually paid to Company under this agreement in the three (3) months preceding the event giving rise to the liability (if any). The above exclusions and limitations shall apply: (a) To the fullest extent permitted by applicable law; (b) Even if a party has been advised of, or should have been aware of, the possibility of such losses, damages, or costs; (c) Even if any remedy provided in this agreement fails of its essential purpose; (d) Regardless of the theory or basis of liability, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 12. Governing Law and Dispute Resolution 12.1 Governing Law Except as provided in the Terms or required by laws, these Terms and your use of the Services shall be governed by the laws of Estonia, without regard to its conflict of laws provisions. Your use of the Services may also be subject to U.S. and other local, state, national, or international laws. 12.2 Dispute Resolution 12.2.1 Informal Dispute Resolution If you have any disputes, claims, or controversies arising out of or relating in any way to these Terms or the Services, including claims and disputes that arose before the effective date of these Terms (a ”Dispute”), you agree to first attempt to resolve the Dispute informally. You and the Company agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). To initiate Informal Dispute Resolution, a party must give notice to the other party in writing in a valid Notice of Dispute (“Notice”). Such Notice to the Company should be sent by email to by contacting the Company via email, info@patternautomation.com. The Company will send any Notice to you via email we have on file associated with your account. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the claims you are asserting, the specific relief sought, and the user name, email address and phone number associated with your account. The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution. 12.2.2 Dispute Resolution for Non-U.S., Non-UK and European Union (EU) Users For any Dispute that is not resolved informally within the 45-day period, and where these Terms do not specify a mandatory dispute resolution process or the local law does not require otherwise, you and the Company agree that any Dispute will be referred to and finally resolved by arbitration administered by the Estonia International Arbitration Centre (“EIAC”) under the Arbitration Rules of the EIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause. The arbitration will be conducted in accordance with the laws of Estonia, with the seat of arbitration in Estonia, and the language of the proceedings in English. The Tribunal shall consist of a sole arbitrator, to be appointed by mutual agreement of the parties. If the parties are unable to agree on the appointment within thirty (30) days from the date of the delivery of the Notice of Arbitration, the sole arbitrator shall be appointed by the President of the EIAC in accordance with the EIAC Rules. The arbitrator shall award only such damages as are permitted under these Terms. Each party shall bear its own legal costs and expenses (including, without limitation, counsel fees), and the parties shall equally share the fees and expenses of the arbitrator unless otherwise determined by the arbitrator in the final award. Notwithstanding anything to the contrary in the Terms, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief. 12.2.3 Dispute Resolution For UK and EU Users If you are a consumer in the UK or European Union, you will benefit from any mandatory provisions of the law of your country of residence and nothing in these Terms shall affect your rights as a consumer to rely on such mandatory provisions of the laws of your country of residence. In the event of any Dispute, you and Company agree that such individual claim or dispute shall be resolved in the competent court in the country in which you are ordinarily resident, provided such country is in the European Union or United Kingdom. 12.2.4 Dispute Resolution For U.S. Users PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND REQUIRES YOU TO PROCEED TO ARBITRATION ON AN INDIVIDUAL BASIS. You and the Company agree that any Dispute will be resolved by final and binding arbitration. This arbitration agreement is governed by the Federal Arbitration Act, and will be interpreted and enforced accordingly. A. INFORMAL DISPUTE RESOLUTION Before either party may seek arbitration, the parties agree to attempt to resolve any Dispute informally pursuant to Section 12.2.1. The statute of limitations and any filing fee deadlines shall be tolled for forty-five (45) days from the date that either you or the Company first sends the applicable notice, allowing the parties to engage in this informal dispute resolution process. B. BINDING ARBITRATION Any Dispute not resolved through the informal dispute resolution process within 60 days shall be resolved by a neutral arbitrator through final and binding arbitration. The arbitration will be administered by National Arbitration and Mediation (”NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in a court of law. C. EXCEPTIONS This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation. D. WAIVER OF JURY TRIAL YOU AND THE COMPANY KNOWINGLY AND IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all Disputes shall be resolved by arbitration under these Terms, except as specified herein. E. WAIVER OF CLASS AND REPRESENTATIVE ACTIONS YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE. F. BATCH ARBITRATION To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that if twenty-five (25) or more claimants, represented by the same or similar counsel or organizations, file demands for arbitration raising substantially similar Disputes within a ninety (90) day period, then NAM shall administer them in batches.- Batch Administration: NAM will administer these demands in batches of up to fifty (50) claimants each (“Batch”).
- Consolidation: NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees due per side per Batch, and one final award for that Batch.
- Substantially Similar Disputes: Requests are deemed of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right
- A description of the copyrighted work, trademark, or other intellectual property right work that you claim has been infringed upon
- A description of where the allegedly infringing material is located on our site or the Services
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent, or the law
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the owner’s behalf.
