Dispute Resolution Policy

1. Informal Resolution

Before initiating formal dispute proceedings, you agree to first attempt to resolve any dispute informally by contacting us at disputes@darwn.com. Upon receipt of your complaint, DARWN will work with you in good faith to attempt to resolve the dispute within 30 days.

Your initial complaint should include:

• Your full name and DARWN account username
• A detailed description of the dispute
• The specific relief or resolution you are seeking
• Any supporting documentation or evidence

2. Formal Dispute Process

If the dispute cannot be resolved informally within 30 days, either party may initiate formal dispute proceedings by delivering a written Notice of Dispute to the other party. The Notice of Dispute must include:

• The nature and basis of the claim
• The specific relief sought
• A statement that informal resolution was attempted and was unsuccessful

Notices to DARWN should be sent to: DARWN Inc., Legal Department, disputes@darwn.com

3. Mediation

Either party may propose mediation as an alternative to arbitration. If both parties agree to mediate:

• Mediation shall be conducted under JAMS Mediation Rules
• The mediator shall be mutually agreed upon by the parties
• Mediation costs shall be shared equally between the parties
• Mediation is non-binding unless the parties agree to a settlement
• Any settlement reached through mediation shall be reduced to writing and be binding

4. Binding Arbitration

Any dispute not resolved through informal resolution or mediation shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 6 below.

• Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• The arbitration shall be conducted by a single arbitrator
• The arbitration shall take place in Wilmington, Delaware, or at another mutually agreed location
• The arbitrator's decision shall be final and binding on both parties
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

For claims of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic or video hearing, or by an in-person hearing.

5. Class Action Waiver

YOU AND DARWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be resolved in court.

6. Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court. If the claim is transferred, removed, or appealed to a different court, the arbitration provisions of this Agreement shall apply.

7. Governing Law

This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware.

8. Statute of Limitations

Any claim or cause of action arising out of or related to your use of DARWN or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. This limitation applies regardless of whether the claim is based in contract, tort, statute, or any other legal theory.

9. Contact

For all dispute-related communications: