This Arbitration Agreement is part of the Terms of Service between you and JETIMPEX, INC. ("we", "us") and applies to your use of AI Marketing Agent. It is governed by the Federal Arbitration Act (FAA).
1. Disputes covered
Except for the exceptions below, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or any prior agreement — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination — will be resolved by binding arbitration rather than in court. The arbitrator decides issues of arbitrability, except that a court decides whether the class-action waiver in section 4 is enforceable.
2. Informal resolution first
Before starting arbitration, you agree to first send a written notice of dispute to support@flashperfection.com describing the claim and the relief sought, and to give us 60 days to resolve it informally. If we have a dispute with you, we will do the same. This step is a precondition to starting arbitration; the limitation period is tolled while it runs.
3. Arbitration rules & procedure
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by this agreement, before a single neutral arbitrator selected under those rules. The arbitration will take place in Broward County, Florida, or — at your election for claims involving smaller amounts — by telephone, video, or written submissions. The arbitrator may award the same individual relief a court could, must apply the applicable law and these Terms, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
4. Class-action & jury waiver
You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join more than one person's claims. You and we also waive any right to a jury trial. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, while all other claims remain in arbitration.
5. Arbitration fees
Payment of filing, administration, and arbitrator fees is governed by the AAA Rules. For claims where the law or AAA Rules require, we will pay or reimburse fees as provided there. Each party is otherwise responsible for its own attorneys' fees unless a statute or the arbitrator provides otherwise.
6. Coordinated / mass filings
If 25 or more similar arbitration demands are filed by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches to promote efficiency, and the limitation period for unfiled claims is tolled while batches proceed. This provision does not waive the class-action waiver.
7. Confidentiality
The parties will keep the existence, content, and results of any arbitration confidential, except as needed to enforce or challenge an award, as required by law, or in confidence to advisers.
8. Exceptions
- Either party may bring an individual claim in small-claims court if it qualifies and stays there.
- Either party may seek injunctive or other equitable relief in court to protect its intellectual-property rights or to prevent unauthorised access to the Service.
- Nothing here prevents you from reporting concerns to a government agency, or removes rights that cannot be waived under mandatory law in your country.
9. Your right to opt out
You may opt out of this Arbitration Agreement within 30 days of first accepting the Terms by emailing support@flashperfection.com with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of the Terms, and we will not retaliate for it.
10. Severability & survival
If any part of this Arbitration Agreement is found unenforceable (other than the class-action waiver, addressed above), the rest remains in effect. This Arbitration Agreement survives termination of your relationship with us.
11. Changes
If we materially change this Arbitration Agreement, we will notify you, and you may reject the change within 30 days using the opt-out process above; otherwise the change applies to claims arising after its effective date.
12. Contact
Questions? Email support@flashperfection.com. See all policies in our Legal Center.