Please read this section carefully. It affects your legal rights and requires most disputes to be resolved through individual, binding arbitration rather than in court.
16.1 Informal Resolution First
Before filing a claim, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least 30 days.
16.2 Agreement to Arbitrate
If a dispute is not resolved informally, you and ArticulAI agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of ArticulAI will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as set out below. Arbitration will be conducted in the county where you reside, or another mutually agreed location, and may be conducted by telephone, video conference, or on the basis of written submissions where permitted by AAA's rules.
For any claim of $10,000 or less, ArticulAI will pay all AAA filing, administrative, and arbitrator fees on your behalf, unless the arbitrator determines your claim is frivolous. Each party otherwise bears its own attorneys' fees and costs, except as the arbitrator may award under applicable law.
16.3 Class Action Waiver
You and ArticulAI agree that any arbitration or claim will be conducted on an individual basis only, and not as a class, collective, or representative action. The arbitrator has no authority to consolidate claims or preside over any form of class or representative proceeding.
16.4 Claims Involving Minors
Neither the agreement to arbitrate in Section 16.2 nor the class action waiver in Section 16.3 applies to any claim brought by, or arising from the use of ArticulAI by, a person who was under 18 years of age at the time the claim arose. Such claims may instead be brought in the courts described in Section 17 (Governing Law), including, where applicable, as part of a class or representative action to the extent permitted by law. This exclusion exists because a minor's agreement to arbitrate is not reliably enforceable without independent consent from a parent or legal guardian.
16.5 Other Exceptions
- Either party may bring an individual claim in small claims court instead of arbitration, if the claim qualifies.
- Either party may seek injunctive or other equitable relief in court to prevent misuse of intellectual property or unauthorized access to the platform.
16.6 Opt-Out
You may opt out of this arbitration agreement by emailing [email protected] with your name and a clear statement that you wish to opt out, within 30 days of first agreeing to these Terms. If you opt out, disputes will instead be resolved as described in Section 17 (Governing Law).