XX PSA Operator
phone 511 359 802
Terms of Use
These Terms of Use ("Terms") were last updated on February 14, 2024.
Please review these Terms as they constitute an enforceable agreement between us and the Users and contain important information about Users' rights, obligations, and legal remedies. XX Operator PSA provides access to consultations and content related to personal and educational development to gain knowledge and expand awareness. These Terms apply to all activities on the xxoperator.online website, XX Operator mobile applications, and other related services ("Services").
XX Operator PSA, based in Warsaw (Poland, EU), referred to in the Terms as "XX," is 1) the owner of the xxoperator.online website and the XX, H/FTG, Extramatrix, DNA Booster Care, PrimeState, and GeneSIS Doctor brands; 2) the operator and service provider of Services on current or future websites, applications, and services; and 3) the creator of content on websites. They cannot be manipulated or used without authorization.
Detailed information about the processing of participants' personal data is included in our Privacy Policy. The Privacy Policy and other XX rules applicable to User use of the Services are incorporated by reference into these Terms.
Using the website and applications involves sending communications about the activities of Users using the website and applications to third parties providing services for XX. Using our Services constitutes consent to send such communications.
Table of Contents
1. Accounts.
2. Registration and Access to Content
3. Payments, Funds, and Refunds.
3.1 Pricing.
3.2 Payments
3.3 Refunds and Refund Funds.
3.4 Gift and Promotional Codes.
4. Content and Conduct Rules.
5. XX's Rights to Published Content
6. Using XX at Your Own Risk.
7. XX's Rights.
8. Subscription Terms.
8.1 Subscription Plans.
8.2 Account Management.
8.3 Free Trial Period and Renewal.
8.4 Payments and Billing.
8.5 Subscription Disclaimer.
9. Miscellaneous Legal Terms.
9.1 Binding Agreement.
9.2 Disclaimer of Liability.
9.3 Limitation of Liability.
9.4 Indemnification.
9.5 Governing Law and Jurisdiction.
9.6 Legal Actions and Notices.
9.7 Relationships Between Us.
9.8 No Assignment.
9.9 Sanctions and Export Regulations.
10. Dispute Resolution.
10.1 General Principles for Dispute Resolution.
10.2 Mandatory Informal Dispute Resolution Process.
10.3 Small Claims.
10.4 Arbitration.
10.5 General Arbitration Rules.
10.6 Group Arbitration Rules.
10.7 Fees and Costs.
10.8 No Class Actions.
10.9 Changes.
10.10 Improperly Commenced Arbitration Proceedings.
11. Updating the Terms.
12. How to Contact Us.
1. XX User Accounts
To perform most activities on the XX-administered site, an account is required. The User must keep their password secure as they are responsible for all activities associated with the account. If the User suspects someone else is using their account, they should report it to mail@xxoperator.online. To use XX, the User must reach the age required to use online services in their country. An account is needed for most activities on our platform, including purchasing and accessing content or submitting content for publication. When setting up and maintaining the account, the User must provide accurate and complete information, including a valid email address. The User is fully responsible for their account and everything that happens on it, including any damage caused by someone using the User's account without permission. This means the User must protect their password. The User cannot transfer their account to someone else or use someone else's account. If the User contacts us to access the account, we will only grant access after obtaining information that verifies they are the actual account owner. In case of the User's death, their account will be closed.
The User must not share their account login details with others. The User is responsible for what happens with their account, and XX will not get involved in disputes between course participants who share login details. If the User learns that someone else may be using their account without their consent (or suspects other security breaches), they must notify us immediately by contacting mail@xxoperator.online. We may request some information to confirm that the User is the account owner.
To create an account on XX and use the Services, participants must be at least 18 years old. Individuals who are not 18 but are of the age to use online services in their country (e.g., 13 in the USA, 16 in Ireland) cannot create an account but may ask a parent or guardian to open an account and help access content suitable for them. Individuals below the age required to use online services in their country cannot create an XX account. If we discover that an account was created in violation of these rules, we will close it. We may request identity verification before allowing content submission for publication on the XX platform.
Accounts can be closed at any time in the user panel. To find out what happens after closing an account, refer to XX's Privacy Policy.
2. Registration and Access to Content
After signing up for a consultation, session, course, or access to other content, the User will receive a license from us to view it exclusively within the XX Services. Attempting to transfer or resell content in any way is not allowed. Generally, we provide a temporary – subscription-based license to access content, except when we need to disable a course for legal reasons.
A participant who signs up for a course or content access, whether free or paid, will receive a license from XX to view the content through the platform and XX Services, and XX is the licensor of the content. Content is licensed, not sold. This license does not grant any rights to resell the content in any way (including sharing account information or unlawfully downloading content and sharing it on torrent sites).
In legal terms, XX grants the User (as a course participant) a limited, non-exclusive, non-transferable license to access and view the content for which all required fees have been paid, exclusively for personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with individual content or features of our Services. Other uses are expressly prohibited. The User may not reproduce, redistribute, transmit, assign, sell, broadcast, lend, modify, adapt, edit, create derivative works, sublicense, or otherwise transfer or use the content unless we expressly grant written permission in a contract signed by an authorized XX representative. This also applies to content accessible via the API. We reserve the right to revoke any license to access and use any content at any time if we decide or are required to block access to the content for legal or policy reasons, such as if the course the User enrolled in or other content is subject to a copyright claim or if we determine other rights.
3. Payments, Funds, and Refunds
A User making payments agrees to use a valid payment method. If dissatisfied with the content, XX offers a 14-day refund.
3.1 Pricing
Content prices on the XX site are determined based on the costs of producing and maintaining the Services. In some cases, the price of content offered on the XX website may not be exactly the same as the price offered in mobile applications due to the pricing systems of mobile platform operators and their sales and promotion policies.
From time to time, we run promotions and sales of our Services, during which some of them are available at reduced prices for a limited time. The applicable content price will be the price in effect at the time of completing the content purchase (when making the payment). The price offered for specific content may differ after logging into an account compared to the price available to unregistered or logged-out users, as some promotions are only available to new users.
The price of the Services is displayed in US dollars or based on the location where the account was created. We do not allow Users to display prices in any currencies.
For course participants in a country where consumer sales tax, use tax, goods and services tax, or VAT is applicable, we are responsible for collecting and remitting that tax to the appropriate tax authorities. Depending on the User's country of residence, the displayed price may include such taxes or be added at checkout.
3.2 Payments
The User agrees to pay the fees for purchased Services and authorizes XX to charge a debit or credit card or collect those fees through other payment methods (such as MINT, BLIK, Boleto, SEPA, direct debit, or mobile wallet). XX works with payment service providers to offer the User the most convenient payment methods in the country and ensure the security of payment information. We may update payment methods based on information provided by our payment service providers. More information can be found in XX's Privacy Policy.
When making a purchase, the User agrees not to use an invalid or unauthorized form of payment. If the payment fails, and the User nevertheless accesses the course content they enrolled in, they agree to pay us the appropriate payment amount within 30 days of our notification. We reserve the right to disable access to Services for which we have not received proper payment.
3.3 Refunds and Refund Funds
If the purchased Service does not meet the User's expectations, within 14 days of purchase, they can submit a refund request to XX. Refunds do not apply to purchases under Subscription Plans.
We reserve the right to make such a refund, at our sole discretion, in the form of credits for use or refund in the same payment method, depending on the capabilities of our payment service providers, the platform on which the User purchased the content (website, mobile, or TV application), and other factors.
No refund will be given if the User requests it after the 30-day guarantee period. However, if a previously purchased Service is disabled for legal or policy reasons, the User retains the right to a refund beyond the 30-day limit. XX also reserves the right to provide refunds to participants beyond the 30-day limit in cases of suspected or confirmed fraud related to accounts.
To request a refund, email mail@xxoperator.online with the User's details and the Service.
If we decide to issue a refund credit to the User's account, it will be used to purchase another Service as indicated by the User. Refund credits cannot be used for in-app purchases or online screen purchases. Refund credits may expire if not used within a specified period and have no monetary value unless required by law.
If we determine that the User is abusing our refund policy, such as requesting a refund after using a significant portion of the content or having previously refunded content, we reserve the right to refuse to issue a refund, limit future refund rights, block the User's account, and restrict access to Services in the future. If we block an account or deny access to content due to a violation of these Terms, the User will not be entitled to any refund.
Examples of Reasons for Denying a Refund
We reserve the right, at our sole discretion, to limit or reject refund requests in cases we consider an abuse of the refund mechanism. These include:
- The participant has submitted multiple refund requests for the same Service.
- The participant submits too many refund requests.
- Users whose account has been reported, blocked, or lost access to a course due to a violation of our Terms.
Refunds are not granted for subscription services, unless required by applicable law.
Cost restrictions will be enforced to the extent permitted by applicable law.
3.4 Gift and Promotional Codes
XX and its partners may offer Users gift and promotional codes. Some codes can be used to receive gift or promotional credits, which are applied to the User's XX account and can be used to purchase eligible content from the XX platform in accordance with the terms attached to the codes. Other codes can be used directly to access specific content. Gift and promotional credits cannot be used for purchases in our mobile and TV applications.
These codes and credits, along with their promotional value, may expire if not used within a specified period on the User's XX account. Gift and promotional codes cannot be returned for cash unless the terms attached to the codes or applicable law provide otherwise. Gift and promotional codes offered by a Partner are subject to the Partner's refund policy. If a User has accumulated multiple credits, XX may decide which credits will be applied during a purchase. Additional information is provided in the terms attached to the codes.
4. Content and Conduct Rules
XX may only be used for lawful purposes. The User is responsible for all content they post on the site. Any reviews, questions, posts, and other content must comply with trust and safety rules, the law, and others' intellectual property rights. For repeated or serious violations, we may block the account. If the User believes someone is infringing on their copyright on our platform, they should inform us.
The User may not use the Services or create an account for illegal purposes. The User's behavior on the XX platform must comply with the laws applicable in their country. The User is fully responsible for knowing the applicable laws.
Course participants in the Service may be provided the ability to ask questions or enter other content for the services they are signed up for and to post reviews about the Service.
An XX employee may communicate with participants who have purchased Services. The User is solely responsible for all content and activities they post or undertake through XX and the Services, and for their consequences. Before submitting content for publication on the XX site, ensure familiarity with all copyright restrictions specified by law.
If we are informed that the User's content violates the law or others' rights (e.g., if it infringes on intellectual property rights or image rights of others or relates to illegal activity) or we determine that the User's content or behavior is unlawful, inappropriate, or improper (e.g., if the User impersonates someone else), we may remove the User's content from the XX site.
XX has the freedom to enforce these Terms. We may restrict or revoke permission to use our site and Services or block the account at any time with or without reason, with or without notice, if the User violates these Terms, fails to pay due fees on time, submits fraudulent refund requests, remains inactive for an extended period, in case of unexpected technical or other issues, if we suspect the User is engaging in dishonest or illegal activities, or for any other reason at our discretion. After such revocation, we may delete the account and content and prevent access to our site and Services in the future. The User's content may still be available on the site even if their account is canceled or suspended. The User agrees that we will not be liable to them or any third party for closing the account, deleting content, or blocking access to our sites and services.
If the User publishes content that violates their copyright or trademark rights, they must inform us. Complaints about copyright or trademark infringements should be sent to mail@xxoperator.online.
5. XX's Rights to Published Content
The User retains ownership of content published on our site. We have the right to share the content with others through any medium, including promotion through advertising on other websites.
By posting content, the User grants XX permission to reuse and share it but does not lose any ownership rights to their content.
By posting content, comments, questions, reviews, and submitting ideas and suggestions for new features and improvements, the User grants XX the right to use that content and share it with any person, distribute it and promote it on any platform and in any media, as well as make any changes and edits to it.
In legal terms, by submitting or posting content on or through the platforms, the User grants us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the content (including the name and likeness) in all media or distribution methods (existing now or in the future). This includes sharing content with other companies, organizations, or individuals who cooperate with XX to create consortia, broadcast, distribute, or publish content in other media and use the User's content for marketing purposes. The User also waives the right to privacy and publicity rights and similar rights to the extent permitted by applicable law. The User represents and warrants that they have all the rights necessary to authorize us to use the content they submit. The User agrees to such use without payment of compensation.
6. Using XX at Your Own Risk
Anyone can use XX to access Services and publish content. We enable participants to interact in the process of self-improvement and education. Just like other platforms where various individuals can obtain and publish content and interact, problems may occur, and using XX is at your own risk.
We do not review or edit content for legal issues and cannot verify the legality of the content. We do not exercise any editorial control over the content available on the site, and therefore we do not guarantee the reliability, validity, accuracy, or truthfulness of the content provided by Users. Upon accessing the content, the User relies on the information presented by the content creator at their own risk.
When using the Services, the User may be exposed to content they find offensive, indecent, or inappropriate. XX is not responsible for not providing such content or for providing access or signing up for Services or other content, to the extent permitted by applicable law. This also applies to any content related to health, wellness, and philosophical aspects. The User acknowledges the inherent risks and dangers associated with mental effort when using such content, and by accessing it, voluntarily chooses to take such risks. The User is fully responsible for decisions made before, during, and after accessing the Services.
When using our Services, the User will be shown links to other websites that we do not own or control. We are not responsible for the content or other aspects of third-party websites, including their collection of User information. The User should review their terms and privacy policies.
7. XX's Rights
All rights, titles, and interests in XX's websites and Services, including our website, current or future applications, APIs, databases, and content that our employees or partners submit or provide through the Services, are and will remain the exclusive property of XX and its licensors. Our Services are protected by copyrights, trademarks, and other rights in America, Europe, Asia, and other countries. The User has no right to use the name XX or any of the trademarks, logos, domain names, and other distinguishing features of the XX brand. All feedback, comments, or suggestions that the User may provide regarding XX or the Services are entirely voluntary, and we may use them in any way we deem appropriate without any obligation to the User.
When accessing or using the XX platform or Services, the User may not perform any of the following actions:
- Access, manipulate, or use non-public areas of the site (including content storage), XX's computer systems, or XX's service providers' technical transmission systems.
- Disable, interfere with, or attempt to circumvent any security features of the site, probe, scan, or test the security of any of our systems.
- Copy, modify, create derivative works, reverse engineer, decompile, or otherwise attempt to discover the source code or content on the XX platform or Services.
- Access, search, or attempt to access or search our site in any way (automated or otherwise) other than through the currently available search functions provided through our website, mobile applications, or API (and only in accordance with these API terms); scrape, use robots, or other automated means to access the Services.
- Use the Services in any way to send altered, misleading, or false source-identifying information (e.g., sending emails falsely appearing as XX), interfere with or
disrupt access to any User, host, or network or attempt to do so, including, but not limited to, sending viruses, overloading, flooding, spamming, or mail-bombing platforms or services, or otherwise disrupt or burden the Services.
8. Subscription Terms
This section includes additional provisions that apply to the User's use of our Services under a subscription plan as a course participant or streaming service ("Subscription Plans"). By using a Subscription Plan, the User agrees to comply with the additional provisions contained in this section.
8.1 Subscription Plans
During the subscription plan, the User receives a limited, non-exclusive, non-transferable license from us to access and view the content covered by the Subscription Plan within the Services.
The purchased subscription or its renewal determines the scope, features, and price of access to the Subscription Plan. The User may not transfer, assign, or share their subscription with other individuals or entities.
We reserve the right to cancel any licenses to use content within our Subscription Plans at any time and at our discretion, including if we lose the right to offer content within the Subscription Plan.
8.2 Account Management
The User can cancel the subscription in the account settings on the XX site. If the subscription to the Subscription Plan is canceled, the User's access to the Subscription Plan will automatically end. Canceling does not entitle the User to a refund or payment of any fees made under the subscription, unless otherwise provided by applicable law. For the avoidance of doubt, canceling the subscription does not equate to canceling the XX account.
8.3 Free Trial Period and Renewal
The User's subscription may start with a free trial period. The duration of such a free trial subscription will be specified upon sign-up. XX grants the right to use the free trial period at its discretion and may limit access, the right to use, or the duration of this period. We reserve the right to end the free trial period and suspend the subscription if it is determined that the User is not entitled to it.
Upon the end of the free trial period, we will charge the subscription fee for the next billing period from the end of the free trial period. The subscription will automatically renew according to the subscription settings (e.g., monthly or annually) unless the User cancels the subscription before the end of the free trial period. More information about the relevant fees and dates for the free trial period is available on our site xxoperator.online.
8.4 Payments and Billing
The subscription fee will be indicated at the time of purchase. On the xxoperator.online site, the User can find where to learn more about fees and subscription dates. We may be required to charge taxes on the subscription fee as described in the "Payments, Funds, and Refunds" section above. Payments are non-refundable and non-transferable in connection with partial use of the period unless otherwise provided by applicable law. Depending on the User's location, they may be eligible for a refund.
The User must specify a payment method to sign up for the Subscription Plan. Signing up for the Subscription Plan and providing us with billing information at the time of payment means granting XX and our payment service providers the right to process payments for fees charged at the time of payment using the User's specified payment method. At the end of each billing period, we will automatically renew the subscription for the same period and process the payment for the fees charged accordingly.
If the User's payment method is updated based on information provided by our payment service providers (as described in the "Payments, Funds, and Refunds" section above), the User authorizes XX to charge the fees currently in effect using the updated payment method.
If we are unable to process a payment using the User's specified payment method or if the User requests a chargeback disputing the fees charged using the selected payment method and the chargeback is realized, we may suspend or terminate the User's subscription.
We reserve the right to change our Subscription Plans or adjust the pricing of our Services at our discretion. Any price changes or subscription changes will take effect upon notifying the User unless otherwise provided by applicable law.
8.5 Subscription Disclaimer
We make no guarantees regarding the availability of any content within any Subscription Plan or one-time purchase. We also make no guarantees regarding the availability of the Service or any minimum amount of content within any Subscription Plan or one-time purchase of the Service. We reserve the right to offer or discontinue additional features within any Subscription Plan or make other changes or terminate the Subscription Plan at our discretion at any time in the future. We have no obligation to retain or store content entered by the User in connection with using any Subscription Plans. These disclaimers are in addition to the disclaimers included in the "Disclaimer of Liability" section below.
9. Miscellaneous Legal Terms
These Terms are like any other contract and contain legal terms that protect us from various issues that may arise and explain the legal relationship between XX and the User.
9.1 Binding Agreement
The User acknowledges that by registering, accessing, or using our Services, they agree to enter into a legally binding agreement with XX. If the User does not accept these Terms, they should not register, access, or otherwise use our Services.
Any versions of the Terms in a language other than English are provided for convenience only, and the User acknowledges and agrees that in the event of any discrepancies, the English version will prevail.
These Terms (including any agreements and rules incorporated by reference) constitute the entire agreement between the User and XX.
If any part of these Terms is found to be invalid or unenforceable under applicable law, the provision will be replaced with a valid, enforceable provision that most closely reflects the original intent, and the remaining provisions of these Terms will remain in effect.
Even if we are late in exercising our rights or do not exercise them in one instance, this does not mean we waive our rights under these Terms and we may decide to enforce them in the future. If we decide to waive our rights in a specific instance, it does not mean we waive our rights generally or in the future.
The following sections remain in effect after the expiration or termination of these Terms: Section 2 (Registration and Access to Content), 5 (XX's Rights to Published Content), 6 (Using XX at Your Own Risk), 7 (XX's Rights), 8.5 (Subscription Disclaimer), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
9.2 Disclaimer of Liability
It may happen that our site is down for scheduled maintenance or due to an outage. It may happen that one of our content creators makes false statements in their content. There may also be security issues. These are just examples. The User agrees that they will not have recourse to us in such cases where things do not go right. In legal terms, the Services and their content are provided "as is" and "as available." We (and our affiliates, creators, partners) make no representations or warranties regarding the suitability, reliability, availability, timeliness, security, error-free nature, or accuracy of the Services or their content, and expressly disclaim all warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, creators, and partners) make no warranty that the User will achieve specific results from using the Services. The User uses the Services (including any content) at their own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply.
We may decide to discontinue certain features of the Services at any time and for any reason. Under no circumstances will XX or its affiliates, suppliers, partners, or agents be liable for any damages resulting from such interruptions or the unavailability of such features.
We are not responsible for delays or failures in the performance of the Services caused by events beyond our control, such as war, hostile actions, sabotage, natural disasters, power outages, Internet or telecommunications interruptions, or government restrictions.
9.3 Limitation of Liability
Using our Services inherently involves risks. For example, the User may access content on personal development, health, and wellness, start exercising, and get injured. The User fully accepts such risks and agrees that they will not have recourse to us for any losses or damages resulting from using our platform and Services. In more precise legal terms, to the extent permitted by law, we (and the members of our group of creators and partners) are not liable for any indirect, incidental, consequential, or punitive damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising out of contract, warranty, tort, product liability, or otherwise, even if we were advised of the possibility of such damages. Our liability (and the liability of each member of our group of creators and partners) to the User or any third party under any circumstances is limited to the greater of one hundred dollars ($100) or the amount the User paid us in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply.
9.4 Indemnification
If the User's behavior causes legal problems for XX, we may take legal action against them. The User agrees (at our request) to indemnify XX, the members of our group of creators, partners, and representatives against any claims, demands, losses, damages, or expenses of third parties (including reasonable legal fees) arising from (a) content posted or submitted by the User, (b) the User's use of the Services, (c) the User's violation of these Terms, or (d) the User's violation of the rights of third parties. The User's indemnification obligation remains in effect after the termination of these Terms and cessation of the use of the Services.
9.5 Governing Law and Jurisdiction
Where the term "XX
" appears in these Terms, it means the entity XX Operator PSA with whom the User enters into an agreement. The User agrees to the exclusive jurisdiction and venue of the courts in Poland.
9.6 Legal Actions and Notices
Regardless of the form, no action arising from or related to this Agreement may be brought by either party later than one (1) year after the cause of action arises, except where the law does not allow such a limitation.
All notices or other communications required to be provided under this Agreement must be in writing and sent by registered mail with return receipt requested or by email (we will contact the email address associated with the User's account, and the User will contact mail@xxoperator.online).
9.7 Relationships Between Us
The User and XX agree that there is no joint venture, partnership, employment, subcontractor, or agency relationship between them.
9.8 No Assignment
The User may not assign or transfer these Terms (or rights and licenses granted under them). For example, if the User registered an account as an employee of a company, the account cannot be transferred to another employee. No provision of these Terms grants any rights, benefits, or legal remedies to any third parties. The User agrees that their account is non-transferable, and all rights to the account and other rights under these Terms expire upon the User's death.
XX may assign these Terms (or rights and licenses granted under them) to another company or person without restriction.
9.9 Sanctions and Export Regulations
The User represents that (both as an individual or representative of the entity on whose behalf the User uses the Services) they are not located in or a resident of any country subject to U.S. trade sanctions or embargo (e.g., Cuba, Iran, North Korea, Sudan, Syria, Crimea, or Donetsk and Luhansk regions). Additionally, the User represents that they are not a person or entity listed on a U.S. government sanctions list.
If the User is subject to any of these restrictions at any time during any agreement with XX, they will notify XX within 24 hours, and XX will be entitled to terminate any obligations to the User with immediate effect and without any other obligation to the User (without prejudice to the User's outstanding obligations to XX).
The User may not access, use, export, re-export, transfer, transfer, or disclose any part of the Services or any related technical information or materials, directly or indirectly, in violation of any European Union, U.S., or other applicable export control and trade sanctions regulations.
10. Dispute Resolution
In the event of a dispute, our employees will be happy to help resolve it. Most disputes can be resolved, so before filing a formal lawsuit, please contact mail@xxoperator.online.
If the dispute cannot be resolved and the User resides in Europe, they have the option to go to court under general principles. If the dispute cannot be resolved and the User resides in the United States or Canada, they have the option to go to a small claims court or resolve the dispute through individual binding arbitration. Claims cannot be brought to any other court or participate in a class action against us.
10.1 General Principles for Dispute Resolution
XX commits to doing everything possible to resolve disputes with its users without the need for formal legal proceedings. In the event of a dispute between the User and XX, both parties agree to first make efforts and take good faith actions to reach a fair and equitable agreement for both parties, using the informal dispute resolution process described below. In some cases, it may be necessary to involve third parties to resolve the dispute. This Agreement to Resolve Disputes limits the methods of their resolution.
THE USER AND XX AGREE THAT ALL DISPUTES, CLAIMS, OR DIFFERENCES ARISING FROM THESE TERMS OR ARISING IN CONNECTION WITH THEM, AS WELL AS THEIR ENFORCEMENT, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION, OR USE OF THE SERVICES OR COMMUNICATION WITH XX (COLLECTIVELY: "DISPUTES"), THAT CANNOT BE RESOLVED INFORMALLY, WILL BE SUBMITTED FOR RESOLUTION EXCLUSIVELY BY SMALL CLAIMS COURTS OR THROUGH INDIVIDUAL BINDING ARBITRATION, AND THE USER AND XX WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING THE MATTER TO ANY OTHER COURT.
THE USER AND XX FURTHER AGREE THAT ANY CLAIMS AGAINST EACH OTHER WILL BE BROUGHT INDIVIDUALLY, AND NOT AS A PLAINTIFF OR PARTICIPANT IN A CLASS ACTION IN A CLASS PROCEEDING OR BROUGHT BY AUTHORIZED PERSONS, WHETHER COURT OR ARBITRATION.
The User and XX agree that this Dispute Resolution Agreement applies to each of us, as well as to our representatives, agents, contractors, subcontractors, service providers, employees, and all other persons acting on behalf of or for the benefit of the User and XX. This Dispute Resolution Agreement is binding on the heirs, successors, and assigns of the User and XX, respectively, and is subject to the Arbitration Court of Arbitration at the National Chamber of Commerce in Warsaw.
10.2 Mandatory Informal Dispute Resolution Process
Before filing a lawsuit against the other party, both the User and XX must first participate in the informal dispute resolution process described in this section.
The party bringing the claim will send the other party a brief written statement ("Statement of Claim") containing their name, mailing address, and email address, and explaining: (a) the nature and details of the Dispute, and (b) the proposed resolution (including any monetary demand and how that amount was calculated). Sending the Statement of Claim suspends any applicable statute of limitations for 60 days from the date of receipt of the Statement of Claim. The Statement of Claim should be sent to XX by email to mail@xxoperator.online or by registered mail to: XX Operator PSA, Sarmacka Street 1A / 145, 02-972 Warsaw, Poland. XX will send its Statements of Claim and responses to the email address associated with the User's account registered in the xxoperator.online system unless the User specifies otherwise.
Upon receipt of the Statement of Claim by the other party, both parties will make good faith efforts to resolve the dispute informally. If the dispute cannot be resolved within 60 days of receiving the Statement of Claim, each party will be entitled to formally submit it to the Arbitration Court of Arbitration at the National Chamber of Commerce in Warsaw.
Failure to conduct this process constitutes a material breach of the Terms, and no court or arbitrator will have jurisdiction to consider or resolve any Disputes between XX and the User.
10.3 Small Claims
Disputes that cannot be resolved through the mandatory informal dispute resolution process can be submitted to the small claims court in: (a) San Francisco, California; (b) the User's district of residence; or (c) another location agreed upon by both parties. Each party waives the right to bring Disputes to courts other than the small claims court, including courts of general or special jurisdiction.
10.4 Arbitration
For the purpose of resolving disputes between XX and the User, the only and exclusive alternative to the small claims court is individual arbitration conducted by the Arbitration Court at the National Chamber of Commerce in Warsaw. Although arbitration does not involve a jury or a judge ruling in state courts, the arbitrator has the authority to award the same relief and must respect our agreements just as a court would. If one party brings a Dispute to a court other than a small claims court, the other party may petition the court to compel both parties to submit to arbitration. Either party may also petition the court to stay legal proceedings pending arbitration of all claims or demands for relief that can be arbitrated. No provision of this Dispute Resolution Agreement is intended to limit individual relief available to either party in arbitration or in the small claims court.
In the event of a disagreement between XX and the User regarding the need for arbitration of the Dispute, the scope of the arbitrator's powers, or the enforceability of any aspect of this Dispute Resolution Agreement, only an arbitrator of the Arbitration Court at the National Chamber of Commerce in Warsaw will have exclusive authority, to the maximum extent permitted by law, to rule on any such differences of opinion, including among other things, issues related to the creation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This provision does not limit the procedure for challenging improperly commenced arbitration proceedings.
A court of competent jurisdiction will have the authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, may order the submission to arbitration and assess arbitration or mediation fees not conducted under this Dispute Resolution Agreement.
If the Arbitration Court at the National Chamber of Commerce in Warsaw or any other arbitration organization or arbitrator for any reason is unable to conduct the arbitration required by this Dispute Resolution Agreement, the User and XX agree to negotiate in good faith to find an alternative organization or person capable of conducting arbitration in a manner consistent with this Dispute Resolution Agreement at a comparable cost to that specified by the designated arbitration organization.
10.5 General Arbitration Rules
The arbitration process will vary depending on whether the User's claim is considered individually or under group arbitration (described below). The General Arbitration Rules outlined in this subsection ("General Arbitration Rules") will apply, except in cases of group arbitration.
All arbitration proceedings will be conducted with one arbitrator. Unless otherwise stated in this Dispute Resolution Agreement, the party deciding on arbitration must initiate the proceedings by filing an arbitration claim with the Arbitration Court at the National Chamber of Commerce in Warsaw (KIG) in accordance with the KIG's rules in effect at the time of filing. In the event of a conflict between these Terms and the applicable KIG rules and protocols, these Terms will prevail.
Disputes involving claims where actual or statutory damages are valued below $15,000 (excluding legal fees and damages for incidental
, consequential, or punitive damages or any multipliers of damages) must be resolved exclusively through binding individual arbitration without the need for in-person appearances by the parties, based only on written submissions made by the parties. All other arbitration proceedings will be conducted via tele- or video-conferencing or based only on written submissions by the parties. The arbitration award may be presented to any court of competent jurisdiction.
To initiate arbitration at KIG, the party bringing the claim must send a letter describing the Dispute and request for arbitration to the KIG filing office at: Trębacka Street 4, 00-074 Warsaw, Poland. You can also file a request online at https://sakig.pl.
10.6 Group Arbitration Rules
If at least 25 individuals (the "Group Arbitration Person") or the attorneys representing those individuals file arbitration claims (or disclose their intention to file claims) against XX in connection with substantially identical Disputes, and the attorneys for those individuals are the same or their actions regarding the Disputes are coordinated (a "Group Arbitration"), the following special rules will apply.
Each Group Arbitration Person must go through the informal dispute resolution process described in this Dispute Resolution Agreement. The attorney will file a single Statement of Claim on behalf of all Group Arbitration Persons, providing their names, mailing addresses, and email addresses. The Group Arbitration Persons will then go through the "representative procedure" described below, in which up to 10 Group Arbitration Persons (the "representative arbitration") will proceed to arbitration, followed by a mandatory mediation process during which the Disputes submitted by the Group Arbitration Persons may be resolved. Any applicable statutes of limitations for the Disputes of the Group Arbitration Persons will be tolled from the filing of the Statement of Claim until the conclusion of the mandatory mediation process.
The attorney representing the Group Arbitration Persons and the XX attorney will each select up to five such individuals for the representative arbitration (no more than 10 individuals in total), whose cases will soon be individually considered in accordance with the General Arbitration Rules, with individual cases assigned to separate arbitrators. If other Group Arbitration Persons have already filed their claims for arbitration, those cases will be immediately dismissed without prejudice to later resolutions, and only then will the representative arbitrations proceed. Each representative arbitration proceeding will be completed within 120 days. During the representative arbitration proceedings and the following mandatory mediation process, no other arbitration proceedings by other Group Arbitration Persons may be initiated.
Upon the resolution of all 10 representative arbitration cases, the attorney representing the Group Arbitration Persons and the XX attorney will immediately undertake in good faith, non-binding, confidential mediation for at least 60 days, making good faith efforts to resolve all Disputes submitted by the Group Arbitration Persons. Mediation will be conducted by KIG in accordance with the currently applicable KIG Mediation Procedures unless XX and the Group Arbitration Persons mutually agree on another mediator and/or mediation procedure.
If the representative arbitrations and the following mediation fail to resolve the Disputes submitted by all Group Arbitration Persons, then those Group Arbitration Persons whose Disputes remain unresolved may seek resolution of those Disputes individually in small claims courts but not through KIG or any other arbitration organization or other arbitrator.
If the Group Arbitration Rules are found for any reason to be unenforceable by an arbitrator or court, and no revision of that decision is allowed, and all appeals, complaints, and requests for revision have been fully resolved ("Final Determination"), then XX and the User agree that all unresolved Disputes between the Group Arbitration Persons and XX must be brought to a court of competent jurisdiction (including in the form of a class action if the Dispute qualifies), and such Disputes may not be submitted or sought further resolution through arbitration. If after the Final Determination there are ongoing arbitration proceedings initiated on behalf of Group Arbitration Persons or in their name, such individuals are required to immediately dismiss those proceedings without prejudice to later resolutions. The determination that these Group Arbitration Rules are unenforceable for any reason, including the Final Determination, does not affect the validity or enforceability of other provisions of these Terms, including the provisions contained in this Dispute Resolution Agreement.
10.7 Fees and Costs
The User and XX agree that in the event of a dispute, each party will bear its own costs and legal fees, except that each party may recover such costs to the extent permitted by applicable law. If a court or arbitrator determines that arbitration was initiated or threatened in bad faith, or that the claim was reckless or filed for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award reasonable legal fees to the prevailing party.
10.8 No Class Actions
Except as expressly stated in the Group Arbitration Rules, XX and the User agree that each party may bring claims against the other only individually. This means that: (a) neither the User nor XX may bring a claim as a plaintiff or class member in a class action, collective action, or representative proceeding; (b) the arbitrator may not combine more than one claim in a single case (nor adjudicate any consolidated, class, or representative arbitration proceedings); and (c) the decision of the arbitrator or the issuance of an award in one person's case affects only that User's disputes, not those of other Users. No provision of this Dispute Resolution Agreement limits the parties' right to resolve a Dispute by mutual agreement in a class-wide settlement.
10.9 Changes
Notwithstanding the "Updating These Terms" section below, if XX makes changes to the "Dispute Resolution" section after the date the User last agreed to these Terms, the User may reject any such changes by providing XX with written notice of such rejection by mail or in person to: XX Operator PSA, Sarmacka Street 1A / 145, 02-972 Warsaw, Poland or by email from the email address associated with the User's account to mail@xxoperator.online within 30 days of the effective date of such change, as stated in the "last updated" information above. To be effective, the notice must include the User's name and clearly indicate that the User intends to reject the changes to the "Dispute Resolution" section. By rejecting the changes, the User agrees that any Disputes between them and XX will be resolved in accordance with the "Dispute Resolution" provisions in effect on the date the User last accepted these Terms.
10.10 Improperly Commenced Arbitration Proceedings
If either party believes that the other party has initiated arbitration proceedings in violation of this Dispute Resolution Agreement, if such arbitration is threatened, or if either party has reason to believe that improperly commenced arbitration is imminent, the party against whom the arbitration proceedings are initiated or are intended to be initiated may petition a court of competent jurisdiction to issue an order prohibiting the initiation or continuation of such proceedings and awarding costs and fees, including reasonable legal fees, incurred in seeking such an order.
11. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as adding new features), and XX reserves the right to change and/or amend these Terms at any time at our discretion. If we make any significant changes, we will notify the User in a specific way, such as by notifying them by email to the email address provided on the account or by posting a notice through our Services. Changes will take effect on the date of publication unless otherwise announced.
Continued use of our Services after the changes take effect means that the User accepts those changes. The revised Terms supersede all previous ones.
12. How to Contact Us
The best way to contact us is via email at mail@xxoperator.online. We look forward to questions, comments, and feedback about our Services.