Terms of Use

1. These Terms of Use (“Terms”) govern access to and use of the website, dashboard, case management tools, and dispute administration services made available through A-Resolve (the “Platform”).

2. By accessing or using the Platform, any user, claimant, respondent, neutral, advisor, representative, or visitor agrees to be bound by these Terms to the extent applicable to that person’s use of the Platform.

3. These Terms apply in addition to the Platform’s Arbitration Rules, Mediation Rules, Privacy Policy, and any specific procedural or case-related directions issued through the Platform.

1. The Platform is an online service for the administration of technology and innovation-related disputes, including disputes involving software, SaaS, digital platforms, AI, blockchain, Web3, Crypto Assets, IP in technology transactions, startup relationships, data-related commercial disputes, and similar business matters.

2. The Platform may provide online case filing, communications, dashboard access, document handling, neutral appointment support, procedural administration, and related dispute management tools.

3. The Platform is not a public court. It is a private dispute resolution administration service.

1. The Platform is intended primarily for commercial and business-related disputes.

2. The Platform may refuse or suspend access where:
o the dispute is outside its intended scope;
o the matter appears unsuitable for online administration;
o the dispute appears consumer-facing where the Platform is designed for business disputes;
o the user provides materially inaccurate information;
o or use of the Platform would violate applicable law or sanctions obligations.

1. Certain functions of the Platform may require the creation of an account.

2. Users must provide accurate and current information when creating or using an account.

3. Users are responsible for:
o safeguarding usernames, passwords, and authentication credentials;
o maintaining the confidentiality of account access;
o notifying the Platform promptly of any known or suspected unauthorized access.

4. The Platform may suspend access where account misuse, security risk, or unauthorized activity is reasonably suspected.

Users shall not:
• use the Platform for unlawful purposes;
• upload malicious code, malware, or harmful content;
• interfere with or attack the Platform, its systems, or its users;
• upload knowingly false, fraudulent, defamatory, or misleading case materials;
• impersonate another person or entity;
• use the Platform to harass, threaten, or abuse other users or neutrals;
• attempt unauthorized access to cases, accounts, or restricted information.

1. Users are responsible for the accuracy, completeness, and legality of the materials, contact information, and claims they submit through the Platform.

2. A claimant using the Platform must ensure, to the best of its knowledge, that:
o the dispute is properly described;
o the named respondent is correctly identified;
o and any arbitration or mediation basis relied upon is genuine and properly documented.

3. A respondent using the Platform must ensure that its submissions, objections, and supporting materials are accurate and made in good faith.

1. The Platform does not, by itself, impose arbitration on any person or entity.

2. Arbitration through the Platform is available only where the parties have entered into a valid written arbitration agreement or otherwise agreed in writing, after a dispute has arisen, to submit the dispute to arbitration under the Platform’s Arbitration Rules.

3. Such written consent may appear:
o in a contract clause concluded before any dispute arose;
o in a standalone arbitration agreement;
o or in a post-dispute submission agreement signed or otherwise validly accepted by the parties.

4. A claimant filing a case as arbitration must provide:
o the contract containing the arbitration clause;
o or a separate arbitration agreement;
o or a post-dispute submission agreement.

5. If no such document is provided, the Platform may treat the filing as a request to invite the other party to arbitrate, but shall not represent the arbitration as binding unless and until valid written consent exists.

6. By filing, responding to, or participating in arbitration through the Platform, a user confirms that the dispute is subject to such written consent to arbitration or that the user is knowingly accepting the Platform’s arbitral process.

7. Once a valid written arbitration agreement exists, the parties shall be deemed to have accepted:
o the administration of the dispute through the Platform;
o the authority of the Administrator to manage the case;
o the authority of the arbitral tribunal constituted under the Platform Rules;
o and the binding nature of any final arbitral award rendered under those Rules.

8. This structure is intended to align the Platform’s arbitration administration with the legal logic of the New York Convention, under which a written arbitration agreement, proper notice, and the opportunity to present one’s case are central enforcement considerations.

1. Mediation through the Platform is available where the parties agree to mediate through the Platform’s Mediation Rules.

2. Mediation is consensual and does not by itself produce a binding adjudicative decision.

3. If the parties reach settlement, that settlement must be recorded in writing and signed or otherwise validly executed in order to maximize enforceability, including where relevant under the Singapore Convention on Mediation framework for qualifying international commercial settlement agreements.

1. The Platform provides administrative, technological, and case management services.

2. The Platform is not, merely by operating the website or dashboard:
o acting as legal counsel for any party;
o giving legal advice;
o guaranteeing jurisdiction;
o guaranteeing any particular outcome;
o or guaranteeing enforceability in every jurisdiction.

3. The Platform may assist in neutral appointment, communications, scheduling, payments, case flow, and document management, but the ultimate adjudicative authority in arbitration rests with the Tribunal constituted under the Arbitration Rules.

1. Use of the Platform does not create a lawyer-client relationship between any user and the Platform, its operator, its personnel, or any neutral.

2. Any legal information presented on the Platform is for general informational purposes only unless expressly stated otherwise.

3. Users remain responsible for obtaining their own legal advice where needed.

1. Arbitrators and mediators appointed through the Platform are expected to be independent, impartial, suitably qualified, and available.

2. The Platform may maintain a specialist panel of neutrals with experience in commercial technology disputes.

3. Arbitrators decide disputes in accordance with the applicable arbitration agreement and the Platform Rules.

4. Mediators facilitate settlement and do not issue binding judgments or awards.

1. Users agree that the Platform may send case-related notices and communications by:
o dashboard notification;
o email;
o and such additional reasonable means as may be specified in the applicable Rules or procedural directions.

2. Users must keep their contact details current.

3. Failure to monitor email or dashboard communications shall not invalidate otherwise reasonable notice procedures, especially where proper contact details were supplied and notice was transmitted in accordance with the Rules.

4. Proper notice is a legally important feature of arbitral enforceability and case fairness.

1. The Platform will treat case materials and dispute-related information as confidential, subject to:
o applicable law;
o the applicable Rules;
o disclosures required for enforcement, challenge, or regulatory compliance;
o and the user’s own acts or permissions.

2. Users must not disclose confidential case materials obtained through the Platform except where legally permitted or required.

3. Confidentiality obligations may also be supplemented by the Arbitration Rules, Mediation Rules, procedural orders, or separate confidentiality undertakings.

1. The Platform processes personal and case-related data in accordance with its Privacy policy and applicable data protection law.

2. Users acknowledge that dispute administration may require the processing, storage, transfer, and controlled access to documents, communications, and personal data relevant to the case.

3. Users should not upload unnecessary personal data or information unrelated to the dispute.

1. Certain Platform services may be subject to filing fees, administrative fees, neutral fees, or other published charges.

2. Applicable fees shall be described on the Platform or in the relevant case documentation.

3. Non-payment may result in suspension, delay, or closure of the case administration process, subject to the applicable Rules.

1. The Platform, website, interface, branding, content structure, software, and related materials are protected by applicable intellectual property laws.

2. Users are granted only a limited, non-exclusive, non-transferable right to use the Platform for legitimate purposes consistent with these Terms and the applicable Rules.

3. Users shall not copy, reverse engineer, scrape, commercially exploit, or misuse the Platform or its content except as expressly permitted.

1. The Platform may suspend, restrict, or terminate access where it reasonably believes that:
o these Terms have been breached;
o the Platform is being misused;
o continued access would create legal, technical, or security risk;
o false or abusive filings have been made;
o or suspension is required by law or by legitimate security concerns.

2. Such suspension shall not, by itself, determine the merits of any dispute unless provided for in the applicable Rules.

1. To the maximum extent permitted by applicable law, the Platform, its operator, affiliates, officers, directors, employees, contractors, arbitrators, mediators, experts, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:
o any interruption, suspension, delay, degradation, or unavailability of the Platform;
o technical malfunctions, software defects, bugs, viruses, cyberattacks, unauthorized access, data corruption, or system failures;
o failures, interruptions, delays, or errors attributable to third-party service providers, including cloud hosting, payment processors, telecommunications providers, identity verification providers, or other external vendors;
o loss, theft, misuse, or unauthorized disclosure of user credentials, passwords, authentication devices, or account information;
o inaccurate, incomplete, misleading, fraudulent, or unlawful information, documents, or evidence submitted by any user or participant;
o any decision, award, settlement, recommendation, opinion, or procedural determination made by an Arbitrator, Mediator, Neutral, Expert, or other dispute resolution professional;
o the enforcement, recognition, non-recognition, challenge, annulment, or execution of any award, decision, settlement, or outcome in any jurisdiction; or
o any loss of profits, revenue, business opportunities, goodwill, anticipated savings, data, or reputation.

2. The aggregate liability of the Platform and its operator for any claim arising out of or relating to the use of the Platform shall not exceed the total fees paid by the claimant to the Platform in connection with the relevant dispute during the twelve (12) months preceding the event giving rise to the claim.

3. Nothing in these Terms shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law.

1. The Platform is provided on an "as is" and "as available" basis without any representation, warranty, or guarantee of any kind, whether express, implied, statutory, or otherwise.

2. The Platform expressly disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, or uninterrupted operation.

3. The Platform does not guarantee that:
o the Platform will be continuously available or free from interruption;
o the Platform will operate without errors, defects, delays, or vulnerabilities;
o any data transmitted through the Platform will be secure, complete, accurate, or free from unauthorized access;
o any dispute resolution outcome will be recognized, enforced, or upheld by any court, arbitral institution, governmental authority, or regulatory body;
o any award, settlement, or decision generated through the Platform will be legally enforceable in every jurisdiction; or
o the Platform will meet the specific requirements or expectations of any user.

4. The Platform is a technology-enabled dispute resolution service and does not provide legal advice, legal representation, financial advice, tax advice, investment advice, or regulatory advice.

5. Users are solely responsible for obtaining independent legal, financial, technical, or professional advice where necessary.

6. The Platform does not verify the accuracy, authenticity, legality, completeness, or reliability of information, evidence, statements, or submissions provided by users, and accepts no responsibility for any reliance placed upon such materials.

7. Any information, guidance, templates, automated outputs, artificial intelligence tools, procedural assistance, or support materials made available through the Platform are provided solely for convenience and informational purposes and shall not be construed as legal advice or a guarantee of any particular outcome.

8. Users acknowledge that dispute resolution outcomes may be subject to applicable laws, public policy considerations, jurisdictional requirements, and judicial review, and that enforceability may vary significantly between jurisdictions.

9. By using the Platform, each user accepts all risks associated with electronic communications, internet-based services, digital evidence, online proceedings, cybersecurity incidents, and cross-border enforcement uncertainties.

1. Arbitral awards rendered under the Platform’s Arbitration Rules are intended to be capable of recognition and enforcement under applicable law and, where relevant, under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

2. Settlement agreements resulting from mediation under the Platform’s Mediation Rules may, where they qualify and where the relevant state framework applies, fall within the enforcement logic of the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation).

3. The Platform makes no representation that every award or settlement will be enforceable in every jurisdiction or under every factual scenario.

1. These Terms shall be governed by the law specified by the Platform in its legal notice or site-wide legal settings.

2. Any dispute relating to these Terms as website/platform terms, distinct from the merits of any arbitration case, shall be subject to the forum specified by the Platform, unless mandatory law requires otherwise.

1. The Platform may amend these Terms and the Arbitration and Mediation Rules from time to time.

2. Updated Terms shall take effect upon publication or on the date stated in the updated version.

3. Continued use of the Platform after the effective date of revised Terms shall constitute acceptance of the revised Terms, subject to any mandatory rights under applicable law.

For legal notices, support, or Terms-related questions, users may contact:
A-Resolve (AryaTech Dispute Resolution Platform)
Email: support@a-resolve.com