Dispute Resolution
Mandatory individual arbitration, waiver of class actions, and governing law for ViViDio Connect.
This Dispute Resolution policy governs how disputes between you and ViViD App Studio / ViViD Global Services (“we,” “us,” or “our”) relating to ViViDio Connect or any related terms (including Terms of Service, Privacy Policy, or other policies) will be resolved. By using ViViDio Connect, you agree to resolve disputes through mandatory individual arbitration and you waive the right to participate in class action lawsuits or class-wide arbitration.
1. Mandatory Individual Arbitration
Any dispute, claim, or controversy arising out of or relating to these terms, the Service, or your use of ViViDio Connect (including the Chrome Extension and PWA) shall be resolved exclusively by binding individual arbitration, and not in court, except where prohibited by law. You and we each waive any right to a jury trial. The arbitration shall be administered by a recognised arbitration institution (e.g., in India, under the Arbitration and Conciliation Act, 1996, or such other rules as we may specify) and conducted in the English language. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
2. Waiver of Class Action and Representative Relief
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a plaintiff or class member in any purported class action, class-wide arbitration, or other representative proceeding. Unless both you and we agree in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this waiver is found to be unenforceable in your jurisdiction, the rest of this Dispute Resolution policy shall remain in effect to the extent permitted by law.
3. Jurisdiction and Venue
To the extent that arbitration does not apply, or for the purpose of enforcing an arbitral award or seeking injunctive or other equitable relief, you agree that the courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction. You consent to the personal jurisdiction of such courts and waive any objection to venue. If ViViD Global Services designates a different headquarters or governing jurisdiction in the future, we will update this policy and notify users as required by our Terms of Service.
4. Governing Law
This Dispute Resolution policy and any dispute arising hereunder shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
5. Informal Resolution First
Before initiating arbitration or any formal proceeding, you agree to contact us at support@vividappstudio.zohodesk.com and attempt to resolve the dispute informally. We will endeavour to resolve the matter within a reasonable time. If the dispute is not resolved within thirty (30) days, either party may proceed to arbitration in accordance with this policy.
6. Contact
For questions about this Dispute Resolution policy, contact us at Email: support@vividappstudio.zohodesk.com. For general legal pages, see Terms of Service, Disclaimer, and Contact.