Terms of Use

Last updated on February 14, 2024

Please read these Terms of Use (“Terms”) carefully, as they constitute a binding agreement between us and the Users and contain important information about the Users’ rights, obligations, and available legal remedies. XX Operator PSA provides everyone with access to consultations and content related to personal and educational development, with the aim of acquiring knowledge and expanding awareness. These Terms apply to all activities on the xxoperator.online website, the XX Operator mobile applications, and other related services (“Services”).

XX Operator PSA, based in Warsaw (Poland, EU) referred to in these Terms as “XX,” is:

The owner of the xxoperator.online website and the XX, H/FTG, Extramatrix, DNA Booster Care, PrimeState, GeneSIS Doctor brands;
The operator and service provider for Services on websites, present or future applications, and services;
The provider of content created on these websites.
No manipulation or unauthorized use of them is permitted.

More detailed information on how participants’ personal data is processed can be found in our [Privacy Policy]. The [Privacy Policy] and other XX policies applicable to the User’s use of the Services are incorporated by reference into these Terms.

Use of the website and the applications involves transmitting information about Users’ activity on the website and within the applications to third parties providing services to XX. Using our Services implies consent to the sending of such communications.

Table of Contents

Accounts
Registration and Access to Content
Payments, Credits, and Refunds
3.1 Pricing
3.2 Payments
3.3 Refunds and Refund Credits
3.4 Gift and Promotional Codes
Content and Conduct Rules
XX’s Rights to Published Content
Using XX at Your Own Risk
XX’s Rights
Subscription Terms
8.1 Subscription Plans
8.2 Account Management
8.3 Free Trial Period and Renewal
8.4 Billing and Payments
8.5 Subscription Disclaimer
Miscellaneous Legal Terms
9.1 Binding Agreement
9.2 Disclaimers
9.3 Limitation of Liability
9.4 Indemnification
9.5 Governing Law and Jurisdiction
9.6 Legal Actions and Notices
9.7 Relationship Between Us
9.8 No Assignment
9.9 Sanctions and Export Laws
Dispute Resolution
10.1 General Assumptions on Dispute Resolution
10.2 Mandatory Informal Dispute Resolution Process
10.3 Small Claims
10.4 Arbitration
10.5 General Arbitration Rules
10.6 Class Arbitration Rules
10.7 Fees and Costs
10.8 No Class Actions
10.9 Changes
10.10 Improperly Commenced Arbitration
Updating These Terms
How to Contact Us

1. User Accounts with XX

To perform most actions in the service administered by XX, an account is required. You must keep your password in a secure place, as you are responsible for all actions associated with your account. If you suspect someone else is using your account, you should report it to us at: mail@xxoperator.online. To use XX, you must have reached the age in your country where you are legally allowed to use online services. 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 your account, you must always provide and continue to provide accurate and complete information, including a valid email address. You bear full responsibility for your account and everything that happens on it, including any damages (to XX or third parties) caused by someone using your account without permission. This means you must keep your password secure. You cannot transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will grant access only after you provide information enabling us to verify that you are indeed the account owner. In the event of your death, your account will be closed.

You may not share your login information with others. You are responsible for what happens with your account, and XX will not intervene in disputes between course participants who share login credentials. If you find out that someone else may be using your account without your permission (or you suspect any other breach of security), you must notify us immediately by contacting mail@xxoperator.online. We may request certain information from you to confirm that you are indeed the account owner.

Participants must be at least 18 years old to create an account on XX and use the Services. Individuals who are under 18 but are of an age eligible to use online services in their country (e.g., 13 in the USA or 16 in Ireland) cannot create an account, but may ask a parent or guardian to open an account and help them access content that is suitable for them. Persons under the minimum age required to use online services in their country cannot create a 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 to be posted for publication on the XX platform.

You can close your account at any time via the user panel. To learn what happens after closing your account, please see the XX [Privacy Policy].

2. Registration and Access to Content

Upon enrolling in a consultation, session, course, or accessing other content, you receive from us a license to view them solely within the XX Services. You may not attempt to transfer or resell content in any way. Generally, we grant a temporary – subscription-based – license to access content, except in situations where we must disable the course for legal reasons.

A participant who enrolls in a course or uses content—regardless of whether it is free or paid—receives from XX a license to view the content via the XX platform and Services. XX is the licensor of such content. The content is licensed, not sold. This license does not grant any rights to resell the content in any manner (including sharing purchaser account information or illegally downloading the content and making it available on a torrent site).

In more legal terms, XX grants you (as a course participant) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with specific content or features of our Services. Other forms of use are explicitly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works, sublicense, or otherwise transfer or use the content unless we give you explicit, written permission in a contract signed by an authorized representative of XX. This also applies to content accessible via an API. We reserve the right to revoke any license to access and use any content at any time if we decide or are obligated to block access to the content for legal or policy reasons—for instance, if a course you enrolled in or other content is subject to a copyright claim or if we determine that other rights are being infringed.

3. Payments, Credits, and Refunds

If you make a payment, you agree to use a valid payment method. If you are dissatisfied with the content, XX offers a 14-day refund.

3.1 Pricing

Prices for content on the XX platform are based on the costs of producing and maintaining the Services. In some cases, the price of content offered on the XX website may not exactly match the price offered in mobile applications, due to the pricing systems of mobile platform operators and their rules for implementing sales and promotions.

From time to time, we run promotions and sales of our Services, during which some Services are available at a reduced price for a specific period. The applicable price for content is the price at the time you complete your purchase (when making a payment). The price offered for particular content may differ once you are logged into your account from the price available to users who are not registered or not logged in, because some of our promotions are available only to new users.

The Service price is displayed in US dollars or based on the location in which the account was created. We do not allow Users to display prices in any currencies they choose.

For course participants in a country where consumer sales are subject to use and sales tax, Goods and Services Tax (GST), or Value Added Tax (VAT), we are responsible for collecting and remitting such taxes to the relevant tax authorities. Depending on your country of residence, the displayed price may include such taxes, or they may be added at checkout.

3.2 Payments

You agree to pay the fees for the Services you purchase and authorize XX to charge your debit or credit card or process those fees through other payment methods (such as MINT, BLIK, Boleto, SEPA, direct debit, or a mobile wallet). XX works with payment service providers to offer you the most convenient payment methods in your country and ensure the security of your payment information. We may update payment methods based on information provided by our payment service providers. For more information, please see the [XX Privacy Policy].

When making a purchase, you agree not to use an invalid or unauthorized form of payment. If your payment method fails, yet you still gain access to the course or content you enrolled in, you agree to pay us the corresponding amount within 30 days of our notification. We reserve the right to disable access to Services for which we have not received the appropriate payment.

3.3 Refunds and Refund Credits

If the purchased Service does not meet your expectations, you may request a refund to your account within 14 days of purchasing it. The refund option does not apply to purchases made under Subscription Plans.

We reserve the right to issue such refunds at our sole discretion, either as credits for future use or a refund to the original payment method, depending on the capabilities of our payment service providers, the platform on which you purchased the content (website, mobile, or TV application), and other factors. No refund is due if you request one after the 30-day guarantee period. However, if previously purchased content is disabled for legal or policy reasons, you remain eligible for a refund beyond the 30-day limit. XX also reserves the right to issue refunds beyond the 30-day limit in cases of suspected or confirmed fraud in connection with accounts.

To request a refund, please send an email to mail@xxoperator.online with your details and the Service in question.

If we decide to credit the refund to your account, it can be used for making another purchase you intend to make. Refund credits cannot be used for purchases in mobile apps or on online screens. Refund credits may expire if not used within a specified period and, in any case, have no monetary value unless otherwise required by law.

If we determine that you are abusing our refund policy, such as by requesting refunds for content after you have consumed a substantial portion of it, or after having already refunded content before, we reserve the right to deny your refund request, restrict your eligibility for future refunds, block your account, and limit your future use of the Services. If we block your account or revoke your access to content due to a violation of these Terms, you 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 refuse refund requests in cases we believe to be an abuse of the refund mechanism. These include (but are not limited to) situations where:

The participant has submitted multiple refund requests for the same Service.
The participant makes too many refund requests.
Users whose accounts have been reported, blocked, or who have lost access to the course due to violation of our [Terms].
We do not provide refunds for subscription services unless otherwise required by applicable law.

Any limitations on costs will be enforced to the extent permitted by applicable law.

3.4 Gift and Promotional Codes

XX and partners may offer gift and promotional codes to Users. Some codes can be redeemed to receive gift or promotional credits added to the User’s XX account, which can then be used to purchase eligible content on the XX platform under the terms associated with those codes. Other codes may be redeemed directly for access to specific content. Gift and promotional credits cannot be used for purchases in our mobile or TV apps.

These codes and credits, and any associated promotional value, may expire if not used within the designated period on your XX account. Gift and promotional codes cannot be refunded for cash unless otherwise specified in the accompanying terms or required by law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple credits, XX may determine which credit is applied to your purchase. Additional details can be found in the terms attached to the codes.

4. Content and Conduct Rules

You may use XX only for lawful purposes. You are responsible for any content you post on the site. All reviews, questions, posts, and other content you upload must comply with our [trust and safety rules], the law, and the intellectual property rights of others. In the case of repeated or serious violations, we may block your account. If you believe someone is infringing on your copyright on our platform, please let us know.

You may not use the Services or create an account for unlawful purposes. Your behavior on the XX platform must comply with the laws of the country where you reside. You assume full responsibility for familiarizing yourself with the applicable regulations.

As a course participant, you may be allowed to ask questions or submit other content related to the Services you are enrolled in and to post reviews of the Service.

An XX staff member may communicate with participants who have purchased our Services. You bear sole responsibility for any content or activities you publish or undertake via XX and its Services, as well as the consequences thereof. Before submitting content for publication on XX, you should ensure you understand all copyright restrictions as provided by law.

If we receive notice that your content infringes the law or others’ rights (for example, it appears to violate intellectual property or personal image rights or involves illegal activity) or we believe your content or behavior is illegal, inappropriate, or objectionable (for example, impersonation), we may remove your content from XX.

XX is free to enforce these Terms. We may restrict or revoke your right to use our website and Services, or block your account at any time, with or without cause or notice, if you violate these Terms, fail to pay any fees when due, for dishonest refund requests, due to extended inactivity, in the event of unexpected technical issues, if we suspect you of fraudulent or illegal activities, or for any other reason, at our sole discretion. After such revocation, we may delete your account and content, and we may prevent you from accessing our website and using our Services in the future. Your content may still be available on the site even if your account is canceled or suspended. You agree that we are not liable to you or any third party for closing your account, removing your content, or blocking your access to our sites and services.

If you publish content that violates your or others’ copyrights or trademark rights, please let us know. Claims about copyright or trademark infringement should be emailed to mail@xxoperator.online.

5. XX’s Rights to Published Content

You retain ownership of the content you publish on our site. We have the right to share this content with others through any medium, including promotional advertising on other websites.

By posting content, you grant XX permission to reuse and share it, but you do not lose any ownership rights to your content.

By submitting or posting content (comments, questions, reviews, as well as ideas and suggestions for new features or improvements) to or through the platform, you grant XX the right to use such content and make it available to anyone, distribute it, and promote it on any platform and in any media, as well as to modify and edit it as necessary.

In legal language, by submitting or posting content on or through the platforms, you grant 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 your name and likeness) in any media or distribution methods (existing now or in the future). This includes sharing the content with other companies, organizations, or individuals that partner with XX for consortiums, broadcasts, distribution, or publication in other media, and using your content for marketing purposes. You also waive any rights to privacy, rights to the distribution of your image, or similar rights, to the extent permissible by law. You represent and warrant that you hold all rights necessary to authorize us to use the content you submit. You further consent to such use of your content without compensation.

6. Using XX at Your Own Risk

Anyone can use XX to access Services and publish content. We enable participants to interact for self-improvement and education. Just like on other platforms where different people can create and publish content and interact, issues can arise, and you use XX at your own risk.

We do not review or edit content for legal reasons, nor can we verify the legality of such content. We do not exercise editorial control over the content available on the site; therefore, we make no guarantees regarding the reliability, validity, accuracy, or truthfulness of content submitted by Users. If you access any content, you rely on the information provided by its creator at your own risk.

By using the Services, you may be exposed to content that you find offensive, indecent, or inappropriate. XX bears no responsibility for not providing access to such content, nor for granting or facilitating enrollment in or access to Services or other content, to the extent permitted by law. This also applies to any content related to health, well-being, and philosophical matters. You acknowledge the inherent risks and dangers associated with mental effort while using such content, and by accessing it, you voluntarily assume such risks. You bear full responsibility for any decisions made before, during, and after accessing the Services.

While using our Services, you may encounter 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 how they collect information about you. You should read their terms of use and privacy policies.

7. XX’s Rights

All rights, title, and interest in XX’s websites and Services— including our website, any current or future applications, APIs, databases, and content that our staff 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 copyright, trademark, and other laws in the Americas, Europe, Asia, and other countries. You do not have the right to use XX’s name or any of XX’s trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide concerning XX or the Services is entirely voluntary, and we are free to use such feedback as we see fit without any obligation to you.

When accessing or using XX’s platform or Services, you must not do any of the following:

Access, tamper with, or use non-public areas of the site (including content storage), XX’s computer systems, or the technical delivery systems of XX’s service providers;
Disable, interfere with, or try to circumvent any security-related features of the site, probe, scan, or test the vulnerability of any of our systems;
Copy, modify, create derivative works, reverse engineer, decompile, or otherwise attempt to discover the source code or content on XX’s platform or Services;
Access, search, or attempt to access or search our site by any means (automated or otherwise) other than the currently available search functionality provided via our website, mobile applications, or APIs (and only pursuant to those API terms); scrape, use robots, or other automated means of accessing the Services;
Use the Services in any way to send altered, deceptive, or false source-identifying information (e.g., sending emails that appear to come from XX); interfere with or disrupt (or attempt to do so) any User, host, or network, including by sending viruses, overloading, flooding, spamming, or mail-bombing the platform or Services, or otherwise interfering with or creating an undue burden on the Services.

8. Subscription Terms

This section contains additional provisions that apply to your use of our subscription-based Services as a course or streaming service participant (“Subscription Plans”). By using a Subscription Plan, you agree to comply with the additional provisions contained in this section.

8.1 Subscription Plans

For the duration of a Subscription Plan, you receive from us a limited, non-exclusive, and non-transferable license to access and display the content included in the Subscription Plan via the Services.

The subscription you purchase or renew determines the scope, features, and price of access to the Subscription Plan. You may not assign or share your subscription with other individuals or entities.

We reserve the right to revoke any licenses to use content under our Subscription Plans at any time at our discretion, including if we lose the rights to offer certain content under a Subscription Plan.

8.2 Account Management

You may cancel your subscription in the XX account settings. If you cancel your Subscription Plan, your access to it will automatically end. Canceling does not entitle you to a refund or reimbursement of any subscription fees, unless otherwise mandated by law. For clarity, canceling your subscription is not the same as deleting your XX account.

8.3 Free Trial Period and Renewal

Your subscription may begin with a free trial period. The duration of such a free trial subscription period will be specified at enrollment. XX grants free trial access at its discretion and may limit access, usage rights, or the duration of that free trial period. We reserve the right to end the free trial period and suspend the subscription if we determine that you are not eligible for it.

Upon conclusion of the free trial period, we will charge the subscription fee for the next billing period, starting immediately after the free trial. The subscription will automatically renew according to your subscription settings (e.g., monthly or yearly) if you do not cancel it before the free trial period ends. More information on applicable fees and dates related to the free trial period is available on our xxoperator.online website.

8.4 Billing and Payments

The subscription fee will be shown at the time of purchase. On xxoperator.online, you can find more information about subscription fees and dates. We may be required to charge taxes on the subscription fee, as outlined in the section “Payments, Credits, and Refunds” above. Payments are non-refundable for partially used periods unless otherwise mandated by law. Depending on your location, you may be eligible for a refund.

You must provide a payment method to enroll in a Subscription Plan. Enrolling in a Subscription Plan and providing us with billing information upon purchase means you authorize XX and our payment service providers to process payment for the fees accrued at the time of payment using your chosen payment method. At the end of each billing period, we will automatically renew the subscription for the same term and process the payment for the accrued fees at the current rate.

If we update your payment method based on information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize XX to charge the applicable fees using the updated payment method.

If we are unable to process the payment using the payment method you have on file, or if you file a chargeback disputing fees charged using your selected payment method and that chargeback is granted, we may suspend or terminate your subscription.

We reserve the right to modify our Subscription Plans or adjust the pricing of our Services at our discretion. Any price changes or modifications to subscriptions will take effect after we notify you, unless otherwise mandated by law.

8.5 Subscription Disclaimer

We make no warranty regarding the availability of any particular content within any Subscription Plan or with one-time purchases. We also make no warranties regarding the availability of the Service or any minimum quantity of content within any Subscription Plan or one-time purchase. We reserve the right to offer or cease offering additional features within any Subscription Plan, or make other changes or terminate the Subscription Plan, at any time in the future at our discretion. We have no obligation to retain or store content you have entered in connection with any Subscription Plan. These disclaimers are in addition to the disclaimers outlined in the section “Disclaimers” below.

9. Miscellaneous Legal Terms

Like any other contract, these Terms contain legal terms that protect us from many potential issues and clarify the legal relationship between XX and you.

9.1 Binding Agreement

You acknowledge that by registering, accessing, or using our Services, you agree to enter into a legally binding contract with XX. If you do not accept these Terms, you should not register, access, or otherwise use our Services.

Any version of the Terms in a language other than English is provided merely as a convenience, and you acknowledge and agree that the English version shall prevail in case of any discrepancies.

These Terms (including any related agreements and policies) constitute the entire agreement between you and XX.

If any part of these Terms is deemed invalid or unenforceable under applicable law, that provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall remain in effect.

Even if we fail to exercise or enforce our rights in one instance, it does not mean we waive our rights under these Terms, and we may choose 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 force upon the termination or expiration of these Terms: Section 2 (Registration and Access), Section 5 (XX’s Rights to Published Content), Section 6 (Using XX at Your Own Risk), Section 7 (XX’s Rights), Section 8.5 (Subscription Disclaimer), Section 9 (Miscellaneous Legal Terms), and Section 10 (Dispute Resolution).

9.2 Disclaimers

It is possible our site might go down for scheduled maintenance or due to a failure; one of our content creators might make false statements in their content. Security issues could also arise. These are just examples. You agree that you have no recourse against us if things do not go as expected. In legal language, the Services and their content are provided “as is” and “as available.” We (and our affiliates, creators, partners) make no representations or warranties about the suitability, reliability, availability, timeliness, security, error-freeness, or accuracy of the Services or their content, and we expressly disclaim any 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 you will achieve specific results from using the Services. Your use of the Services (including any content) is entirely at your 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 cease making certain Service features available at any time and for any reason. In no event shall XX or its affiliates, suppliers, partners, or agents be liable for any damages caused by such interruptions or lack of availability of those features.

We are not liable for delays or failures in the performance of our Services caused by events beyond our control, such as war, acts of hostility or sabotage, natural disasters, power outages, internet or telecommunication outages, or government restrictions.

9.3 Limitation of Liability

Using our Services inherently involves risks. For example, if you follow content regarding personal development, health, and well-being, start exercising and get injured. You fully accept such risks, and you agree that you will not have any recourse to claim compensation even if you suffer a loss or damage from using our platform and Services. More precisely, to the extent permitted by law, we (and those belonging to our group of creators and partners) shall not be liable for any indirect, incidental, consequential, or punitive damages (including data loss, revenue loss, profit loss, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we have been advised in advance of the possibility of such damages. Our liability (and that of any in our group of creators and partners) to you or any third party under any circumstance is limited to the greater of the following amounts: one hundred dollars (US $100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply.

9.4 Indemnification

If your behavior causes legal problems for XX, we may pursue legal action against you. You agree (upon our request) to defend, indemnify, and hold harmless XX, those belonging to our group of creators, partners, and representatives from any third-party claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from (a) content you post or submit, (b) your use of the Services, (c) your violation of these Terms, or (d) your infringement of any third party’s rights. Your indemnification obligation survives the termination of these Terms and your use of the Services.

9.5 Governing Law and Jurisdiction

Where these Terms use the term “XX,” it refers to the entity XX Operator PSA with which you are contracting. You agree to the exclusive jurisdiction and venue of the courts in Poland.

9.6 Legal Actions and Notices

Regardless of the form, any claim arising from or related to this Agreement must be brought by either party within one (1) year of the date on which the cause of action arose, except where otherwise prohibited by law.

All notices or other communications to be delivered under this Agreement must be in writing and sent by registered mail with return receipt requested or by email (we will contact you at the email address associated with your account; you should contact us at mail@xxoperator.online).

9.7 Relationship Between Us

You and XX agree that no joint venture, partnership, employment, subcontracting, or agency relationship exists between the parties.

9.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted herein). For example, if you created an account as an employee of a company, the account may not be transferred to another employee. No provision of these Terms grants any rights, benefits, or remedies to third parties. You agree that your account is non-transferable, and all rights to your account and other rights under these Terms terminate upon your death.

XX may assign these Terms (or the rights and licenses granted hereunder) to another company or individual without restriction.

9.9 Sanctions and Export Laws

You represent that (whether as an individual or as a representative of the entity on whose behalf you are using the Services) you are not located in, nor are you a resident of, any country subject to U.S. trade sanctions or embargoes (e.g., Cuba, Iran, North Korea, Sudan, Syria, Crimea, or the Donetsk and Luhansk regions). You also represent that you are not an individual or entity listed on any U.S. government sanctions lists.

If at any time you become subject to any of these restrictions during any agreement term with XX, you will notify XX within 24 hours, and XX will be entitled to immediately terminate any obligations to you, incurring no further liability, without prejudice to any outstanding obligations you may have toward XX.

You may not access, use, export, re-export, transfer, shift, 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 countries’ export control and trade sanctions regulations.

10. Dispute Resolution

In the event of a dispute, our team is happy to help resolve it. Most disputes can be resolved, so before filing a formal lawsuit, please contact us at mail@xxoperator.online.

If the dispute cannot be resolved and you live in Europe, you can take the matter to court under general principles. If the dispute cannot be resolved and you live in the United States or Canada, you can take it to a small claims court or resolve it by binding individual arbitration. You cannot bring your claim to any other court, nor take part in a class action suit against us.

10.1 General Assumptions on Dispute Resolution

XX commits to making every effort to resolve disputes with its users without resorting to formal legal proceedings. In the event of a dispute between you and XX, both parties agree to make every effort to first settle the matter in good faith through the mandatory, informal dispute resolution process described below. In some cases, resolving a dispute may require involving third parties. This Dispute Resolution Agreement limits the means of dispute resolution.

YOU AND XX AGREE THAT ANY DISPUTES, CLAIMS, OR DIFFERENCES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING THEIR VALIDITY, BREACH, TERMINATION, ENFORCEMENT, OR INTERPRETATION, OR ARISING FROM USE OF THE SERVICES OR COMMUNICATIONS WITH XX (COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY SHALL BE SUBMITTED FOR RESOLUTION EXCLUSIVELY BY A SMALL CLAIMS COURT OR INDIVIDUAL BINDING ARBITRATION, AND YOU AND XX WAIVE THE RIGHT TO A JURY TRIAL OR TO LITIGATE ANY DISPUTE IN ANY OTHER COURT.

YOU AND XX ALSO AGREE THAT ANY CLAIMS AGAINST EACH OTHER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, WHETHER IN LITIGATION OR ARBITRATION.

You and XX agree that this Dispute Resolution Agreement applies equally to both of us, as well as to our representatives, agents, contractors, subcontractors, service providers, employees, and all other persons acting on our behalf. This Dispute Resolution Agreement is binding on the heirs, successors, and assigns of both you and XX, and is governed by the terms and procedures of the Arbitration Court at the National Chamber of Commerce in Warsaw, Poland.

10.2 Mandatory Informal Dispute Resolution Process

Before filing a claim against the other party, both you and XX must first participate in the informal dispute resolution process described in this section.

The party initiating the claim sends a brief written statement (“Statement of Claim”) to the other party, providing their name, mailing address, and email address, and explaining: (a) the nature and details of the Dispute, and (b) a proposed resolution (including any monetary demand and how it was calculated). Submitting a Statement of Claim tolls any applicable statute of limitations for 60 days starting from the date the Statement of Claim is received. A Statement of Claim must be sent to XX by email at mail@xxoperator.online, and may also be sent by registered mail to: XX Operator PSA, ulica Sarmacka 1A / 145, 02-972 Warsaw, Poland. XX will send its Statement of Claim and responses to the email address associated with your xxoperator.online account unless you direct otherwise.

After the receiving party has the Statement of Claim, both parties will make a good-faith effort to resolve the dispute informally. If the dispute is not resolved within 60 days of receipt of the Statement of Claim, either party may submit a formal claim to the Arbitration Court at the National Chamber of Commerce in Warsaw.

Failure to follow this process constitutes a material breach of these Terms, and no court or arbitrator will have jurisdiction to hear or decide any Dispute between XX and you.

10.3 Small Claims

Disputes that remain unresolved through the mandatory informal resolution process may be brought in a small claims court in:
(a) San Francisco, California;
(b) the district of the User’s residence; or
(c) any other place agreed upon by both parties.
Each party waives the right to bring a Dispute in courts other than small claims courts, including courts of general or special jurisdiction.

10.4 Arbitration

For the purpose of resolving disputes between XX and you, the sole and exclusive alternative to small claims court is individual arbitration conducted by the Arbitration Court at the National Chamber of Commerce in Warsaw (KIG). Although there is no judge or jury in arbitration, an arbitrator can award the same relief as a court and must respect our agreements just as a court would. If one party files a Dispute in a court other than small claims court, the other party may ask that court to order both parties to proceed to arbitration. Each party may also ask the court to stay the court proceedings pending the outcome of the arbitration. To the extent that a cause of action or relief cannot be compelled to arbitration, XX and you agree that any such court proceedings shall be stayed pending arbitration of all arbitrable causes of action or requests for relief. No provision in this Dispute Resolution Agreement is intended to limit the individual remedies available to either party in arbitration or in small claims court.

If XX and you disagree whether a Dispute should be arbitrated, the scope of an arbitrator’s authority, or the enforceability of any aspect of this Dispute Resolution Agreement, only the arbitrator at the KIG shall have the exclusive authority, to the maximum extent permitted by law, to decide all such issues, including but not limited to formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This does not limit the procedure for contesting improperly commenced arbitration.

A court of competent jurisdiction shall be entitled to enforce the provisions of this Dispute Resolution Agreement and, if necessary, can order submission to or conduct of arbitration, and set or value the fees for arbitration or mediation not carried out under this Dispute Resolution Agreement.

If the Arbitration Court at the KIG or any other arbitration organization or arbitrator is, for any reason, unable to conduct the arbitration required by this Dispute Resolution Agreement, you and XX agree to negotiate in good faith to select an alternative organization or individual capable of conducting the arbitration in a manner consistent with this Dispute Resolution Agreement. If no agreement is reached, XX and you may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration at a cost comparable to that set by the designated arbitration organization.

10.5 General Arbitration Rules

The arbitration process differs depending on whether your claim is handled on an individual basis or as part of class arbitration (defined below). The general arbitration rules outlined in this subsection (“General Arbitration Rules”) will apply, except for class arbitration cases.

All arbitration proceedings will be conducted by a single arbitrator. Unless otherwise stated in this Dispute Resolution Agreement, the party choosing arbitration must initiate arbitration by filing a request for arbitration with the Arbitration Court at the National Chamber of Commerce in Warsaw (KIG) in accordance with the KIG Rules in effect on the date the claim is filed. If there is a conflict between these Terms and the applicable KIG rules and protocols, these Terms shall prevail.

Disputes involving claims in which the actual or statutory damages sought are valued at less than USD 15,000 (excluding legal fees and punitive or multiplied damages) must be resolved solely by binding individual arbitration, with no in-person appearances and based only on written submissions from the parties. All other arbitration proceedings will be conducted via tele- or video-conference or only on written submissions. The arbitral award may be submitted to any court of competent jurisdiction for confirmation.

To initiate arbitration proceedings before KIG, the party filing the claim must submit a written statement describing the Dispute and requesting arbitration to the KIG Registry at ulica Trębacka 4, 00-074 Warsaw, Poland. You may also file online via https://sakig.pl.

10.6 Class Arbitration Rules

If at least 25 people (“Group Arbitration Participants”) or the attorneys representing them file (or disclose an intention to file) requests for arbitration against XX based on substantially identical Disputes, and the attorneys for such persons are the same or act in a coordinated manner with respect to these Disputes (a “Group Arbitration”), the following special rules apply.

Each Group Arbitration Participant must complete the same 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 Participants, listing their names, mailing addresses, and email addresses. The Group Arbitration Participants will then undergo the “representative procedure” described below, in which up to 10 Group Arbitration Participants will proceed to arbitration (“representative arbitration”), followed by a mandatory mediation process in which the Disputes brought by the Group Arbitration Participants may be resolved. Any applicable statute of limitations for the Disputes of Group Arbitration Participants is tolled from the time the Statement of Claim is filed until the conclusion of the mandatory mediation process.

The attorney representing the Group Arbitration Participants and the attorney for XX will select no more than five such persons each, for a total of no more than 10, for the representative arbitration. The arbitrations for these participants will proceed individually under the General Arbitration Rules, each before a different arbitrator. If other Group Arbitration Participants have already filed claims in arbitration, those claims shall be immediately dismissed without prejudice so the representative arbitrations can proceed. Each of the 10 representative arbitration proceedings shall be concluded within 120 days. During the representative arbitration proceedings and the subsequent mandatory mediation, no other arbitration proceedings shall be initiated by other Group Arbitration Participants.

Once all 10 representative arbitration decisions have been rendered, counsel for both Group Arbitration Participants and XX will immediately undertake good-faith, confidential mediation for at least 60 days to attempt to resolve all Disputes brought by the Group Arbitration Participants. The mediation will be conducted by KIG under its then-current Mediation Rules, unless XX and the Group Arbitration Participants agree otherwise on a different mediator and/or mediation procedure.

If the representative arbitrations and subsequent mediation fail to resolve the Disputes for all Group Arbitration Participants, then the Group Arbitration Participants whose Disputes remain unresolved may bring those Disputes solely on an individual basis in small claims court, but not via KIG or any other arbitration organization or arbitrator.

If the Class Arbitration Rules are deemed unenforceable by an arbitrator or a court, and no further appeal is permitted, and all appeals, grievances, or requests for review have been fully resolved (“Final Determination”), then all unresolved Disputes between Group Arbitration Participants and XX must be brought only before a court of competent jurisdiction (including a class action if the Dispute so qualifies), and those Disputes cannot be initiated or continued in arbitration. If, after the Final Determination, there are any pending arbitration proceedings initiated by or on behalf of Group Arbitration Participants, those participants must immediately dismiss them without prejudice. A finding that these Class Arbitration Rules are unenforceable for any reason, including a Final Determination, does not affect the validity or enforceability of other provisions of these Terms, including those in this Dispute Resolution Agreement.

10.7 Fees and Costs

You and XX agree that each party shall bear its own costs and legal fees in connection with any Dispute, except as provided by applicable law. If a court or arbitrator determines that arbitration was initiated or threatened in bad faith, or that a claim was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent allowed by law, order payment of the legal fees to the respondent, in the same manner as a court would.

10.8 No Class Actions

Except as explicitly provided in the Class Arbitration Rules, you and XX agree that each party may bring claims against the other only on an individual basis. This means:
(a) neither you nor XX can file a claim as a plaintiff or class member in any class, consolidated, or representative action;
(b) the arbitrator may not combine more than one individual’s claims in a single case (nor arbitrate any consolidated, group, or representative proceedings); and
(c) the arbitrator’s or arbitration panel’s decision or award in one person’s case can affect only that User, not other Users. Nothing in this Dispute Resolution Agreement limits parties’ rights to settle Disputes by mutual agreement in a class-wide settlement.

10.9 Changes

Notwithstanding the “Updating These Terms” section below, if XX changes the “Dispute Resolution” section after the date on which you last indicated acceptance of these Terms, you may reject any such changes by sending written notice to XX by mail or personal delivery at: XX Operator PSA, ulica Sarmacka 1A / 145, 02-972 Warsaw, Poland, or by email from the email address associated with your account to mail@xxoperator.online within 30 days of the date when such change took effect (as stated above, “last updated on”). To be effective, the notice must include your name and clearly state that you intend to reject the changes to the “Dispute Resolution” section. By rejecting the changes, you agree that any Disputes between you and XX will be resolved in accordance with the “Dispute Resolution” section in effect on the date you last accepted these Terms.

10.10 Improperly Commenced Arbitration

If either party believes that the other party has commenced arbitration 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 is commenced or threatened may seek an injunction from a court of competent jurisdiction to enjoin initiating or proceeding with such arbitration and to recover costs and fees, including reasonable attorneys’ fees, incurred in seeking such relief.

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 modify and/or make changes to these Terms at any time at its sole discretion. If we make any material change, we will notify you in a manner such as by email notification sent to the email address on your account, or by posting a notice via our Services. Changes will take effect on the date they are posted unless otherwise announced.

Your continued use of our Services after the date the changes become effective indicates that you accept those changes. The revised Terms supersede all previous Terms.

12. How to Contact Us

The best way to contact us is via email at mail@xxoperator.online. We welcome your questions, feedback, and comments about our Services.