14.1. INFORMAL PROCESS FIRST

We’re all about resolving issues in a friendly and effective manner. If you have a problem with the Company, let’s chat first before taking any formal steps. Just drop us a quick note describing the issue, and let’s see if we can sort it out together.

14.2. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR ABILITY TO BRING A LAWSUIT TO COURT.

a. Application of the Arbitration Agreement

Both you and the Company agree that any disputes, claims, or controversies arising between you and the Company regarding these Terms or your relationship with the Company as a Product user (whether contractual, tortious, statutory, fraudulent, misrepresented, or based on any other legal theory, and whether the claims arise during or after the termination of these Terms) will be resolved through mandatory binding individual arbitration, not through class action lawsuits. YOU AND THE COMPANY THUS WAIVE THE RIGHT TO LITIGATE DISPUTES IN COURT UNDER THESE TERMS (EXCEPT FOR MATTERS THAT CAN BE BROUGHT TO SMALL CLAIMS COURT OR FOR PROTECTING THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS, OR IF YOU EXERCISE YOUR 30-DAY RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS STATED BELOW). This Arbitration Agreement remains in effect even after the termination of these Terms.

b. Exception – Small Claims Court

Despite our preference for arbitration, either party can still seek relief in small claims court for disputes within its jurisdiction.

c. Exception – Protecting Company’s Intellectual Property

The Company reserves the right to seek injunctive or equitable relief from a court to stop (or enjoin) the infringement or misuse of its intellectual property.

d. Exception – 30-Day Opt-Out

You can opt out of this Arbitration Agreement (including the class action waiver) by sending written notice within 30 days of accepting these Terms; otherwise, you are bound to arbitration under these Terms.

e. Arbitration Procedure

Overview. Arbitration is less formal than court proceedings. It involves a neutral arbitrator instead of a judge or jury, limited discovery, and has less judicial review. The arbitrator can grant the same remedies as a court. The arbitrator is bound by this Arbitration Agreement. All matters are decided by the arbitrator, including the scope and enforceability of this Agreement. The arbitrator’s decision is final and binding, except for limited judicial review or if the arbitrator orders injunctive relief, which can be reviewed by a court.

Rules. Any arbitration between you and the Company follows the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement. The AAA Rules and instructions for filing an arbitration are available at www.adr.org or by calling 1-800-778-7879.

Initiating Arbitration. Either party can start arbitration proceedings. If you choose arbitration, you must first notify the Company in writing (“Notice”). The Notice should describe the claim or dispute and the relief sought. If no agreement is reached within 30 days of receiving the Notice, either party may initiate arbitration. Claims can be filed by mail, online, or at AAA offices.

Fees. Filing fees are required for arbitration. Each party is responsible for its own attorneys’ fees unless provided otherwise by arbitration rules or law. The arbitrator can decide fee disputes.

Documents-Only Procedure, Videoconference. Disputes under $25,000 are resolved through document submission unless a party requests a hearing or the arbitrator deems it necessary. Other hearings are conducted via videoconference if possible; otherwise, in-person hearings will be determined by the arbitrator.

Language. The arbitration is conducted in English.

Decision. The arbitrator issues a written decision explaining the findings and conclusions. Settlement offers are not disclosed until after the arbitrator’s final decision.

Timeline. The arbitrator must issue a decision within 30 days of closing the hearing or, for document-only procedures, 14 days after receiving final statements and evidence.

f. No Class or Representative Proceedings; Class Action Waiver

YOU AND THE COMPANY AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot consolidate claims or preside over class or representative proceedings. If this provision is unenforceable, the entire arbitration provision is void.

g. Confidentiality

Arbitration documents and information are confidential and may only be disclosed to necessary parties or as required by law.

h. Interpretation and Enforcement of the Arbitration Agreement

If the agreement is invalidated, disputes are resolved by a competent court according to applicable law.

14.3. These Terms and the purchase of the Content/Additional Content/Services shall be governed by the law of the Republic of Lithuania unless otherwise provided by applicable legislation.
14.4. For any other disputes arising out of these Terms or the Content/Additional Content/Services for sale shall be settled and referred to the competent courts of the Republic of Lithuania, unless otherwise provided for by the applicable legislation. Where the Buyer is not a consumer as defined under applicable legislation, disputes shall be settled in the first instance by the competent court in Vilnius.
14.5. If the Buyer has a complaint, the Buyer can also outline and submit it to the Seller at the contacts specified in these Terms. The Seller undertakes to respond to such claims of the Buyer within 14 (fourteen) calendar days from the date of receipt of the Buyer’s request.