Arbitration Clause and Dispute Resolution
1. Agreement to Arbitrate
Except as provided below, any dispute, claim, or controversy arising out of or relating to your use of VESTEX, these Terms, or any related agreement shall be resolved by binding arbitration on an individual basis, rather than in court.
2. Pre-Arbitration Notice and Good Faith Negotiation
Before commencing arbitration, you agree to first contact VESTEX in writing at legal@vestex.ai and to make a good-faith effort to resolve the dispute informally for a period of at least 30 days.
3. Arbitration Rules and Seat
Arbitration shall be administered by a recognised international arbitration body in accordance with its rules in effect at the time the arbitration is initiated. The seat of arbitration shall be the British Virgin Islands, unless otherwise required by applicable law. The arbitration shall be conducted in English.
4. Arbitrator and Procedure
Unless the parties agree otherwise, arbitration shall be conducted before a single arbitrator. The arbitrator shall have exclusive authority to resolve any dispute, including the arbitrability of any claim. The arbitrator's decision shall be final and binding on the parties.
5. Class Action Waiver
You agree that any dispute shall be resolved on an individual basis only and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this Class Action Waiver is found to be unenforceable, then the entire arbitration agreement shall be null and void.
6. Costs
Each party shall bear its own costs and fees unless the arbitrator orders otherwise. Filing and arbitrator fees shall be allocated in accordance with the applicable arbitration rules.
7. Exceptions
The following are not subject to arbitration:
- Small claims matters that qualify to be heard in a small claims court.
- Claims for injunctive or equitable relief, including to prevent infringement of intellectual property rights.
- Regulatory or criminal proceedings by competent authorities.
8. Opt-Out (where permitted)
To the extent permitted by applicable law, you may opt out of this arbitration agreement by notifying VESTEX in writing within 30 days of first accepting the Terms. Opt-out notice must include your name, email, and statement of intent to opt out and must be sent to legal@vestex.ai.
9. Severability
If any portion of this Arbitration Clause is found to be unenforceable, that portion shall be severed and the remainder shall continue in effect, except as provided in Section 5.
10. Survival
This Arbitration Clause survives termination of your account or the Terms.