Class Action Waiver

This Class Action Waiver applies only if you are resident in, or your business is established in, the United States (including its territories). It forms part of, and is subject to, our Arbitration Agreement.

It applies whether your claim proceeds in arbitration or, under one of the carve-outs, in court. If you validly opted out of the Arbitration Agreement, this waiver does not apply to you either - the two stand or fall together.

You and PolicifyAI each agree that any claim will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, private attorney general, or other representative proceeding.

You therefore agree that you will not:

• Bring or participate in a class action against us.
• Serve as a class representative or named plaintiff in a class action against us.
• Join your claim with the claim of any other person, or seek consolidation of separate proceedings, without the written consent of everyone affected.
• Bring a claim in a representative capacity on behalf of the general public or other users.
• Accept a benefit from a class action against us that was brought in breach of this waiver, other than as a passive absent class member where you took no step to participate.

The same restrictions apply to us. We will not bring a class claim against you either.

Your claim is heard on its own facts, and any relief awarded is limited to you. An arbitrator or court deciding your claim may not order relief that changes how we treat other users, and may not award damages or restitution to anyone other than you.

This does not reduce what you can personally recover. You may seek any individual remedy available under the applicable law, including statutory damages, and - where a statute provides for them - your legal fees. Section 9.5 of the Arbitration Agreement requires us to pay your reasonable fees and costs if you beat our last settlement offer.

To the extent permitted by law, you and PolicifyAI each knowingly and voluntarily waive any right to a trial by jury in any proceeding arising out of or relating to the Service or the Terms of Service.

This waiver applies whether the claim proceeds in arbitration or, under a carve-out, in court. It does not apply to any claim in a small claims court, or to any claim where the waiver would be unenforceable.

Nothing in this document prevents you from:

• Bringing your own individual claim against us, in arbitration or in a small claims court.
• Reporting a concern to any government agency or regulator, including a state attorney general, the Federal Trade Commission, or a data protection authority - and where the law allows, that agency may seek relief on your behalf, including relief that benefits others.
• Bringing any claim that, as a matter of law, cannot be waived or must be brought representatively.
• Participating in a government investigation, or responding to lawful process.
• Discussing your own experience of the Service publicly.

Where a statute gives you a non-waivable right to bring a representative action, this waiver does not apply to that claim, and section 7 governs what happens to it.

You may reject this Class Action Waiver by opting out of the Arbitration Agreement within thirty (30) days of first accepting the Terms of Service. The procedure is in section 2 of the Arbitration Agreement: email [email protected] with your name, account email, and a statement that you are opting out.

Opting out is free, takes effect on receipt, and has no consequences for your account, your pricing, or how we treat you. A single opt-out covers both the Arbitration Agreement and this waiver.

7.1 Not severable from arbitration. This waiver is a fundamental part of the agreement to arbitrate, not an optional extra. If a court or arbitrator finds this waiver unenforceable as to a particular claim, that claim must be severed from arbitration and brought in a court of competent jurisdiction, and the Arbitration Agreement does not apply to it.

7.2 Other claims continue in arbitration. All claims that are not severed under 7.1 remain subject to arbitration on an individual basis. A claim severed to court does not take the others with it, and proceedings on a severed claim may be stayed pending the arbitration.

7.3 Who decides. A court, not an arbitrator, decides any challenge to the enforceability or scope of this waiver.

7.4 Partial invalidity. If only part of this waiver is unenforceable, the remainder continues to apply to the fullest extent permitted, and 7.1 applies only to the claim actually affected.

This waiver does not apply to consumers in the United Kingdom, the European Union, or Northern Ireland. A term preventing a consumer from bringing or joining collective proceedings may be unfair and unenforceable under the Consumer Rights Act 2015 and equivalent EU consumer law, and we do not attempt to impose one.

If you are a consumer in those jurisdictions, you keep every right you have to bring proceedings individually or collectively, including under the EU Representative Actions Directive and the UK's collective proceedings regime. Your disputes are handled under our Governing Law and Dispute Resolution document.

If you are a business user outside the United States, sections 3 to 5 of that document apply to you rather than this waiver.

This Class Action Waiver survives termination of your account, the end of your subscription, and the termination or expiry of the Terms of Service. See Termination Rights.