Flyers Up LLC — Dispute Resolution and Arbitration Policy

PLEASE READ THIS POLICY CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

This Dispute Resolution and Arbitration Policy ("Policy") governs how disputes between you and Flyers Up LLC ("Flyers Up," "we," or "us") are resolved. This Policy is incorporated by reference into our Terms of Service. By using the Platform, you agree to this Policy.

Section 1 — Informal Resolution

Before initiating arbitration, you agree to contact us at support@flyersup.app and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within 30 days, either party may proceed to arbitration as set forth below.

Section 2 — Mandatory Arbitration

Except as set forth in Section 4 below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between you and Flyers Up shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if you are a business, the Commercial Arbitration Rules), as modified by this Policy.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. The arbitration shall be conducted in New York, NY, unless the parties agree otherwise. The arbitrator's decision shall be final and binding.

Section 3 — Class Action Waiver

YOU AND FLYERS UP 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. 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 class action waiver is found to be unenforceable, then the entire arbitration agreement shall be null and void.

Section 4 — Exceptions

The following are not subject to arbitration: (a) claims that qualify for small claims court; (b) claims for injunctive or other equitable relief for intellectual property infringement; (c) claims that cannot be arbitrated as a matter of law. Either party may bring an individual claim in small claims court if it qualifies under applicable law.

Section 5 — Arbitration Fees and Costs

Arbitration fees and costs will be allocated in accordance with the AAA's rules and applicable law. For consumer disputes, we will pay the arbitration filing fee and arbitrator's fees to the extent required by the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees unless the arbitrator awards them.

Section 6 — Opt-Out

You may opt out of this arbitration agreement within 30 days of the date you first accepted the Terms of Service (or, if you are a Pro, the date you first accepted the Independent Contractor Agreement). To opt out, you must send a written notice to support@flyersup.app that includes: (a) your name; (b) your account email; (c) your mailing address; and (d) a clear statement that you opt out of the arbitration agreement. You may also mail written notice to our registered agent. If you validly opt out, the arbitration agreement will not apply to you, but the rest of the Terms will remain in effect.

Section 7 — Governing Law

This Policy and any arbitration shall be governed by the laws of the State of New York, without regard to conflict-of-law principles. The place of arbitration shall be New York County, New York.

Section 8 — Disputes Between Users

This Policy governs disputes between you and Flyers Up. Disputes between users (e.g., between a Customer and a Pro) are solely between those users. Flyers Up is not a party to such disputes and has no obligation to resolve them. Our Refund and Cancellation Policy describes how we may assist with booking-related disputes.

Section 9 — Contact

Flyers Up LLC — support@flyersup.app