Terms of Service

13.1 Informal Resolution First

Before initiating arbitration, you and Dewel agree to first try in good faith to resolve any dispute by sending a written notice describing the dispute and proposed resolution to the other party. Notice to Dewel must be sent to legal@dewelnetwork.com and to 1220 Foothill Blvd, Apt N, Oakland, CA 94606, Attn: Legal. Notice to you will be sent to the email address associated with your account. If the dispute is not resolved within thirty (30) days after notice is received, either party may initiate arbitration.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or the relationship between you and Dewel — including the validity, enforceability, or scope of this Section 13 — that is not resolved under Section 13.1, will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in effect at the time arbitration is initiated. The JAMS rules are available at jamsadr.com.

13.3 Location and Procedure

The arbitration will be conducted in Alameda County, California, before a single arbitrator. The arbitrator will be a retired judge or attorney with at least ten (10) years of experience in technology or consumer disputes, selected under the JAMS rules. The arbitrator will have authority to grant any relief that would be available in court, including injunctive relief, but only on an individual basis. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.4 Costs

Each party will bear its own attorneys' fees and costs in arbitration, except that Dewel will pay the arbitration filing fee that exceeds the amount you would pay to file a lawsuit in California state court. The arbitrator may award attorneys' fees and costs to the prevailing party where authorized by statute.

13.5 Class Action Waiver

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If a court or arbitrator determines that this class action waiver is unenforceable for a particular claim or request for relief, that claim or request must be severed and resolved in court, but the rest of this Section 13 remains in effect.

13.6 Exceptions

This Section 13 does not apply to:

• (a) actions to enforce, protect, or determine the validity of intellectual property rights (which may be brought in court);
• (b) small-claims actions brought on an individual basis (which may be brought in small-claims court if the claim qualifies);
• (c) actions to compel arbitration or enforce an arbitration award; or
• (d) injunctive or other equitable relief sought by Dewel to protect its intellectual property, confidential information, or platform integrity.

13.7 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@dewelnetwork.com within thirty (30) days of first accepting these Terms. The notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration. A timely opt-out notice under this Section 13.7 also opts you out of the corresponding arbitration provision in the Dewel Music Artist Agreement and any other Dewel Network agreement that adopts the same opt-out mechanism, so you do not need to send separate opt-out notices for each agreement. Opting out of arbitration does not affect any other provision of these Terms, and you will continue to be bound by Section 13.9 (governing law and venue).

13.8 Survival

This Section 13 survives termination of these Terms.

13.9 Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles, and by applicable federal law (including the Federal Arbitration Act, which governs Sections 13.1 through 13.8). For disputes that fall within an exception in Section 13.6 or for users who validly opt out under Section 13.7, the exclusive venue is the state or federal courts located in Alameda County, California, and you and Dewel consent to personal jurisdiction in those courts.