Important arbitration notice: please read section 17 carefully. Except for the limited exceptions it describes, it requires you and us to resolve disputes by binding individual arbitration instead of in court, waives the right to bring or join a class action or other representative proceeding, and, to the maximum extent permitted by law, waives the right to a jury trial. You may opt out of arbitration within 30 days after you first accept these Terms, as explained in section 17.
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You keep all rights in the content you submit to the Platform and in your Output (“Customer Content”). You grant us a limited license to host, process and transmit Customer Content only to provide, secure and support the Services and as described in our Privacy Policy. You are responsible for having the rights and permissions needed for Customer Content and for any systems you point the Services at.
We and our licensors own the Services, including the software, models, designs and documentation. We may use aggregated or de-identified information about use of the Services to operate and improve them. If you send us feedback, we may use it without obligation to you.
17. Disputes: governing law, arbitration, class-action and jury waiver
Governing law. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs this section 17.
Informal resolution first. Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought (to us at contact@qa-automation.com), and both parties will try in good faith to resolve it for 60 days after the notice is received.
Binding individual arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”), before a single arbitrator, under the AAA Commercial Arbitration Rules if you use the Services for a business or organization, or under the AAA Consumer Arbitration Rules if you are an individual using them for personal purposes. Hearings will take place in Fairfax County, Virginia, or by video conference; for consumers, in the county where you live or by video conference. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction. The arbitrator, not a court, decides questions of arbitrability, except as stated in the class-action waiver below.
Class-action and jury waiver. You and we may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone other than the individual parties. To the maximum extent permitted by law, you and we each waive the right to a jury trial. If this class-action waiver is found unenforceable for a claim, that claim (and only that claim) must be decided by a court under the venue clause below, after any individual claims are arbitrated.
Mass arbitration. If 25 or more similar demands for arbitration are filed against us by the same or coordinated counsel, they will be administered in batches of up to 50 demands under the AAA’s mass-arbitration procedures (including its Mass Arbitration Supplementary Rules, where they apply). Demands not in the current batch are held in abeyance, and limitations periods are tolled for those demands while they are held. You and we agree to cooperate to resolve batches efficiently.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may ask a court for an injunction to stop infringement or misuse of its intellectual property or unauthorized use of the Services.
30-day opt-out. You may opt out of arbitration by emailing contact@qa-automation.com within 30 days after you first accept these Terms, with the subject “Arbitration opt-out” and your name, the email address associated with your use of the Services, and a clear statement that you opt out. Opting out does not affect any other part of these Terms.
Venue. Any claim not subject to arbitration (including after an opt-out) must be brought exclusively in the state or federal courts located in or serving Fairfax County, Virginia, and both parties consent to their personal jurisdiction and venue there.
Changes. If we change this section 17, the change will not apply to a dispute of which either party had notice before the change took effect.