9. Your content
You and your house own the content you add to the Service: names, notes, reservations, house-guide pages, photos, receipts, attachments, finance entries, and the like ("Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and back up Content solely to operate, secure, support, and improve the Service and as the Privacy Policy describes. This license ends when the Content is deleted from our systems, subject to the retention rules in the Privacy Policy. We do not use your Content to train artificial-intelligence models.
You are responsible for your Content and for having the right to share it with the other members of your house. Do not upload content that is unlawful, infringes someone else's rights, or contains malware.
Content you add to a house belongs to that house's shared record. Other members may see it according to their role, and it can remain in the house after you leave, as described under Leaving, removal, deletion, and termination and in the Privacy Policy.
21. Dispute resolution: informal resolution, arbitration, and class waiver
Talk to us first. Before starting any formal proceeding, you agree to email [email protected] with your name, the house involved, a description of the issue, and what you are asking for, and to work with us in good faith for at least 60 days to resolve it. We will do the same for any claim we have against you, using the email on your account. Most issues can be sorted out this way.
Binding arbitration. If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including its formation, breach, termination, enforcement, interpretation, or validity) will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified here. The Federal Arbitration Act governs this section. The arbitrator, not a court, decides all questions of arbitrability. Arbitration will be seated in the U.S. state in which the operator of SplitHaus is organized, but hearings may be conducted by video or telephone, or in your home county if you prefer. For claims under US$10,000 you may choose to proceed on documents only. We will pay the AAA filing, administrative, and arbitrator fees for claims you bring that total less than US$10,000 unless the arbitrator finds the claim frivolous. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions. Either party may (a) bring an individual action in small-claims court, or (b) seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized access to the Service, without first arbitrating.
No class actions. You and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of representative proceeding. If this class waiver is found unenforceable for a particular claim, that claim (and only that claim) will be severed and heard in court, and the rest of this section remains in effect.
Your right to opt out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, stating your name, the email on your account, and that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.
If arbitration does not apply. If you have opted out, or if this section is found unenforceable, any dispute will be brought exclusively in the state or federal courts located in the U.S. state in which the operator of SplitHaus is organized, and you and we consent to their personal jurisdiction and venue. Either party may still bring an individual action in small-claims court.
Any claim must be filed within one year after it arose, or it is permanently barred, except where the law does not allow this limit.