Arbitration Clause

That Is A Q ("Company", "we", "us", or "our") and you agree that any dispute arising out of or relating to our Services, this Agreement, or the use thereof shall be resolved through binding arbitration, as detailed below. Please read this clause carefully.

1. Scope & Applicability

This Arbitration Clause applies to any dispute, claim, or controversy ("Dispute") between you and That Is A Q, including:

• Disputes regarding the interpretation or performance of our Terms of Service.
• Claims related to billing, refunds, or payment processing.
• Allegations of breach of contract or warranty.
• Claims arising from the use of our software, design services, or digital products.
• Any other claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

This clause does not apply to disputes that are exempt under applicable law, such as claims filed in small claims court (as described below).

2. Dispute Resolution Process

Before initiating arbitration, we encourage you to contact us to resolve any Dispute informally.

2.1 Notification

You must notify us of any Dispute in writing at legal@thatisaq.com, describing the nature and basis of the claim and the relief sought. We will acknowledge receipt and endeavor to resolve the claim amicably within sixty (60) days.

2.2 Failure to Resolve

If the Dispute is not resolved within the sixty (60) day period, either party may initiate binding arbitration. If you do not receive a response from us within thirty (30) days of sending your notice, you may proceed to arbitration.

3. Arbitration Procedures

Any arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.

• Venue: Arbitration shall take place in a location mutually agreed upon, or if no agreement is reached, in San Francisco, California.
• Arbitrator: The arbitrator shall be a neutral party with experience in technology and digital services disputes.
• Discovery: Discovery shall be limited to the exchange of relevant documents and written testimony.
• Finality: The arbitrator's award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

4. Limitation of Claims

4.1 No Class Actions: You agree that any arbitration shall be conducted on an individual basis only. Class arbitrations, class actions, private attorney general actions, and representative proceedings are not permitted.

4.2 Waiver: You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

5. Fees

Arbitration fees shall be allocated in accordance with the AAA Rules. However, if you are a consumer and the dispute is not related to a commercial transaction, That Is A Q shall pay all AAA filing, administrative, and arbitrator fees that would not have been incurred if the action were brought in court.

6. Opt-Out Rights

You may opt out of this Arbitration Clause within thirty (30) days of first becoming bound by this agreement by sending a written notice to opt-out@thatisaq.com stating that you wish to opt out.

The opt-out must clearly identify you and your account information. Opting out of arbitration does not affect the validity or enforceability of the remainder of our Terms of Service.

7. Governing Law

This Arbitration Clause shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and the Federal Arbitration Act (FAA).

If any provision of this clause is found to be unenforceable, the remaining provisions shall continue in full force and effect.

8. Contact Information

If you have any questions regarding this Arbitration Clause or wish to initiate the dispute resolution process, please contact us:

• Legal Department: legal@thatisaq.com
• Address: That Is A Q, 123 Innovation Blvd, Suite 400, San Francisco, CA 94107

Note: This document is for informational purposes. If you require legal advice, please consult with an attorney. That Is A Q reserves the right to update or modify this clause at any time. Changes will be effective upon posting.