Please read this section carefully. It affects how you can bring a claim against us, and it means you give up the right to a jury trial and to take part in a class action. You can opt out.
Talk to us first
Before starting an arbitration, send us a written description of the problem and what you want, at support@nuvia.app. Give us 30 days to try to sort it out. Most things get resolved here, and this step is required for both of us.
Binding individual arbitration
If we cannot resolve it, you and we agree that any dispute arising out of or relating to these terms or to Nuvia will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator, not a court, decides questions about the scope and enforceability of this section.
The arbitration is conducted in English. It can be handled on documents alone, by telephone or video, or in person in the county where you live, whichever you prefer. The arbitrator can award the same individual relief a court could, and the award is final and may be entered as a judgment.
Class-action and jury-trial waiver
Claims must be brought individually. You and we each waive the right to a jury trial and the right to bring or take part in a class, collective, consolidated or representative action. The arbitrator may not preside over any form of representative proceeding, and may award relief only to the individual party seeking it. If this paragraph is found unenforceable as to a particular claim, that claim alone goes to court and the rest of this section still applies to everything else.
How to opt out
You can opt out of arbitration and the class-action waiver by emailing support@nuvia.app within 30 days of first accepting these terms. Put “arbitration opt-out” in the subject line and include the email address on your account. That is all it takes. Opting out costs you nothing, changes nothing else in these terms, and we will not treat you differently for doing it.
What is not covered
- Either of us can bring an individual claim in small claims court instead, if it qualifies.
- Either of us can ask a court for an injunction to protect intellectual property or to stop unauthorised access to the service.
- Nothing here stops you from reporting a concern to a government agency or regulator.
If you are a consumer in the UK or the EEA
The arbitration agreement and the class-action waiver above do not apply to you. UK and EEA consumer law does not allow us to require you to arbitrate or to give up collective redress, and we are not asking you to. Instead: contact us first at support@nuvia.app and we will try to resolve it. If we cannot, you keep the right to bring proceedings in the courts of the country where you live, and to rely on the mandatory consumer law of that country. UK and EU consumers may also use the relevant online or alternative dispute resolution scheme.
Costs, and changes to this section
Arbitration fees are governed by the the American Arbitration Association Consumer Rules, which cap what a consumer pays; where those rules require it, we pay the rest. Each side normally bears its own legal costs unless the law or the arbitrator says otherwise. If we ever change this dispute-resolution section, the change does not apply to a dispute we already knew about.