These Terms, and any dispute or claim arising out of or related to them or the Service, are governed by the substantive laws of the State of Texas, U.S.A., without regard to its conflict-of-laws principles, and by applicable U.S. federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first
Before filing a claim against DoseUp, you agree to try to resolve the dispute by emailing us at doseupapp@gmail.com with a short description of the issue and the relief you’re seeking. We will try to resolve it within 60 days. Most disputes can be resolved this way.
Binding individual arbitration
If the dispute is not resolved within 60 days, you and DoseUp agree to resolve it by binding individual arbitration rather than in court, except as set out below. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if the AAA declines, by another mutually agreed neutral arbitration provider). The seat of the arbitration will be Travis County, Texas, but you may participate by phone or video; you do not need to travel. The arbitrator’s decision will be final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Carve-outs
- Small claims. Either party may bring an individual action in small-claims court for any dispute that qualifies, instead of arbitrating.
- Intellectual property. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.
Class-action waiver
You and DoseUp agree to bring claims only in our individual capacities and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims and may not preside over any form of representative or class proceeding. If a court decides this class-action waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that one) will be severed and brought in court, while the remaining claims proceed in arbitration.
30-day opt-out
You can opt out of the arbitration agreement and class-action waiver within 30 days of first accepting these Terms, by emailing doseupapp@gmail.com with the subject line “Arbitration Opt-Out” and including your full name and the email address associated with your account. Opting out will not affect any other part of these Terms.
If you don’t live in the U.S.
Mandatory consumer-protection rules in the country of your habitual residence may give you additional rights that this section cannot override. Nothing in this section is intended to deprive you of those rights.
Time limit
Any claim arising out of or related to the Service or these Terms must be filed within one (1) year after the cause of action accrued, except where applicable law requires a longer period that cannot be waived.