Arbitration Agreement
· Part of the HeyCatch Terms of Service.
Summary in plain words: you and HeyCatch agree to resolve disputes in individual arbitration instead of court, with no class actions. Small-claims court stays available. You can opt out within 30 days.
1. Agreement to arbitrate
You and HeyCatch, Inc. agree that any dispute, claim or controversy arising out of or relating to the Services or the Terms (a "Dispute") will be resolved by final and binding arbitration on an individual basis, rather than in court, except as stated in Sections 2 and 8. The Federal Arbitration Act governs this Agreement.
2. Exceptions
Either party may (a) bring an individual claim in small-claims courtin the claimant’s county (or, for HeyCatch, in Delaware) if it qualifies; and (b) seek injunctive relief in court to protect intellectual property or to stop unauthorized use of the Services pending arbitration.
3. Informal resolution first (required)
Before filing arbitration, the party with a Dispute must send the other a written notice describing the claim and the relief sought (to us: support@heycatch.ai; to you: your account email). The parties will try in good faith to resolve the Dispute within 60 days; each party must participate in at least one individual phone or video conference. This is a condition precedent to arbitration.
4. Arbitration rules and procedure
- Administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures in effect when the arbitration is initiated (available at www.namadr.com), as modified by this Agreement; mass filings are additionally governed by NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, as modified by Section 7. If NAM is unavailable or declines to administer, the parties will agree on another administrator; failing agreement, a court will appoint one under the FAA.
- One arbitrator; hearings by videoconference, unless the arbitrator finds an in-person hearing is required (then in the county of your residence, or Delaware for business users).
- The arbitrator decides all issues except that a court decides arbitrability of class/mass questions and the enforceability of Section 6.
- Judgment on the award may be entered in any court of competent jurisdiction.
5. Fees
NAM fees are allocated per NAM’s rules and its consumer fee schedule; if your claim is for less than US $10,000and you are a consumer, we will pay NAM filing, administration and arbitrator fees to the extent they exceed the small-claims filing fee, unless the arbitrator finds the claim frivolous. Each party pays its own attorneys’ fees unless a statute provides otherwise.
6. Class-action waiver
Disputes are resolved on an individual basis only. Neither party may bring or participate in a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims of different parties. If this Section is found unenforceable as to a particular claim, that claim (and only that claim) proceeds in court, and the rest remain in arbitration.
7. Mass-arbitration protocol
If 25 or moredemands with similar claims are filed by or with the help of the same counsel or organization, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures apply, modified as follows: the parties will (a) resolve 10 bellwether arbitrations first (5 chosen by each side) while the rest are stayed and their limitations periods tolled; (b) then mediate the remaining claims informed by the bellwether outcomes; and (c) only thereafter may the remaining claims proceed in arbitration on a staggered basis. A court may enforce this Section.
8. Opt-out (30 days)
You may reject this Arbitration Agreement, without affecting the rest of your Terms, by emailing support@heycatch.ai within 30 daysof first accepting the Terms, from your account email, with subject “Arbitration opt-out” and your account name. Opt-out applies to both parties (neither can compel the other to arbitrate).
9. Severability; survival; changes
Except as stated in Section 6, if any part of this Agreement is unenforceable, the remainder applies. This Agreement survives termination of your account. If we materially change this Agreement, changes apply prospectively and you may reject them by opting out within 30 days of notice (in which case the prior version applies).