SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION PROVISION” SUBSTANTIALLY AFFECTS YOUR AND OUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE. PLEASE READ IT CAREFULLY.
Last updated on September 14, 2022.
Welcome and thank you for your interest in Minut! These Terms of Service (the “Terms of Service” or just “Terms”) apply to the Minut Service which allows users to monitor their homes and other residential properties for variables such as noise level, humidity, temperature and alarm recognition without intrusive cameras (the “Minut Service”). Breaking it down, the Minut Service consists of one or more Minut hardware devices provided by Minut (each, a “Minut Device”) PLUS:
(1) the related Minut mobile application (the “Minut Mobile App”),
(2) the multi-property online dashboard (the “Online Dashboard”) for those of you whose purchase includes the dashboard for managing short-stay properties,
(3) the Minut API for those of you who have been granted a license by Minut to use it (the “Minut API”), and
(4) any other app, cloud service, computer software, updates or add-on service or feature developed by us and incorporated into the Minut Service you have purchased whether now existing or incorporated in the future.
We will call the items listed under subsection 1 through 4 above collectively “Minut Software” in these Terms of Service. When we use the terms “we”, “our”, or “us” in these Terms of Service, we mean our company called Minut, Inc. and its subsidiaries and affiliates worldwide.
You are reviewing these Terms because:
(1) you use or have purchased, or are considering purchasing the Minut Service to monitor your home environment,
(2) you use or have purchased, or are considering purchasing the Minut Service from Minut or one of our resellers or distributors to monitor residential properties that you own or manage, or
(3) you have been granted a separate license (in writing) from Minut to use the Minut API.
These Terms of Service are a legal agreement between you and us. Please read them through carefully before using the Minut Service. By accepting these Terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these Terms. By using the Minut Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms, you may not use the Minut Service and should not purchase a Minut Device.
If you are a commercial business customer and there is a separate written contract between us and you, these Terms of Service shall control unless specifically excluded, in whole or in part, in such separate contract.
Support and Questions
If you have any questions about the installation or use of the Minut Service or have technical difficulties, please check out the following:
- the Minut user manual (the “Minut User Manual”) at https://www.minut.com/product/manual; and
- the Help Center at https://support.minut.com.
You can also e-mail us at email@example.com. We are here to help!
For commercial installations, contact us for a separate support plan and fees.
Changes to Terms of Service
We may modify these Terms of Service from time to time. We may (but are not required to) communicate major changes with a special notice on the Minut Service or by email. You accept such modified Terms by continuing to use the Minut Service.
Pricing and Requirements for Use of the Minut Service
The price of your Minut Device (the Smart Home Sensor) is as separately agreed at the time of your purchase. Minut offers a range of subscription plans to go with the Minut Device and each subscription plan includes a set of features and separate pricing as listed at https://minut.com/pricing. You must activate your subscription plan in order for the Minut Service to work. The terms and conditions of the subscription plans are a part of these Terms and listed at: https://minut.com/legal
You are responsible for prompt payment for, and compliance with the usage restrictions of, your subscription plan. You agree not to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological or other measures implemented by Minut to ensure compliance with the usage restrictions.
Non-payment or violation of the terms or usage restrictions of your subscription plan will give us the right to suspend, refuse or terminate your Minut Service (see also the Section titled Termination below). Minut may audit your compliance with the terms and usage restrictions of your subscription plan at any time. If such audit reveals that you have not paid Minut as required in your subscription plan, you will promptly make payment to Minut for any underpayment.
You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms on your own behalf or any party you represent. Please also refer to the Precautions below.
You are responsible for obtaining your own Internet and wi-fi access and mobile device to access the Minut Service.
The Minut Mobile App is available at Google Play and Apple AppStore (the “App Distributors”). We only support the Minut Mobile App if it has been downloaded from the official application marketplace of one of these App Distributors. The Minut Mobile App is optimized for certain mobile devices and operating systems, and we make no guarantee that it will work on all smartphones and other mobile devices.
Please note that it is your responsibility to determine what action you will take as a result of the data detected by your Minut Service or any alerts that the Minut Service sends to you. The Minut Service is not able to determine the cause of any data or alarms detected and will not, for example, alert a home security service or the authorities as a result of any data or alarm detected unless you have purchased a separate first response service as an add-on to the Minut Service. Such first response services are currently available only in select locations and are also subject to additional terms and conditions provided separately.
See also the Sections titled Warranty Disclaimer and Limitation of Liability below. You are responsible for using the Minut Service in accordance with these Terms and the Minut User Manual and FAQ. Please take a moment to review the Minut User Manual.
Limited License to Use the Minut Service
You are hereby granted a limited, non-exclusive, revocable and nontransferable license to use the Minut Service (including the applicable Minut Software included in your purchase) in accordance with these Terms of Service.
We and our licensors own all title and rights to the Minut Service, including, but not limited, to all patents, copyrights, trademarks, know-how and other intellectual property rights included therein, including in any Minut Device, the Minut Mobile App, the Online Dashboard, the Minut API and any other Minut Software. You may not, and you agree not to enable others to, reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, reverse engineer, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Minut Service except as necessary to display, download or print (without modification) for your own use.
This license does not grant you any rights to use Minut proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the Minut Service. Any such rights are subject to a separate written agreement signed by Minut and you.
You may also not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Minut Service or any Minut Device.
We currently make the Minut API available on a case-by-case basis, in our sole discretion, for non-commercial “hobby” developer use. If you are a developer, you must send us a message (see minut.com/developers) to request us to give you access to the Minut API, describing the purpose for which you wish to use the Minut API. If you are granted, or have been granted, access by us, your use of the Minut API is governed by these Terms and you are granted a limited, revocable and nontransferable license to use and make calls to the Minut API to develop your own applications that utilize or interact with the Minut API. Your applications are subject to the following additional restrictions:
(1) Your applications must be solely intended for your own personal use,
(2) Your applications must be developed solely for non-commercial uses and purposes,
(3) Your applications must conform to the description you gave us of your intended purpose for using the Minut API, and
(4) Your applications shall not substantially replicate products or services offered by Minut, including, without limitation, functions or clients on platforms (such as iOS or Android) where Minut offers its own client or function.
If we believe, in our sole discretion, that you have violated or attempted to violate any term, condition or the spirit of these Terms, the license afforded to you with respect to the Minut API may be temporarily or permanently revoked, with or without notice to you.
Any commercial use of the Minut API is strictly prohibited without a separate signed written license agreement between us and you detailing the terms and conditions of such commercial license use and payment to Minut for such license. If you wish to use the Minut API to develop applications for any commercial use (such as paid applications), please contact us.
All rights in the Minut Service not expressly granted to you by us in these Terms of Service are retained by us and our licensors.
Please Note if You’re Using the Minut Service on Residential Properties That Are Used by People Other than You and Your Family or That You Rent or Lease to Others.
If your home or other residential property is used by, or leased or rented to, third parties, you are responsible for complying with applicable laws that govern whether you are required to provide notice to such third parties that there are monitoring devices (such as the Minut Service) present. You agree to provide any required notices.
Even if the applicable law does not require such notice, we think it is a good idea to do so and we strongly encourage you to inform your guests of the Minut Service in your residential property listing and at the property. For your convenience, we have written some sample language you can use here: https://support.minut.com/en/articles/5336356-how-minut-protects-guest-privacy.
Third Party Features, Apps and Services
To increase your enjoyment of the Minut Service, we may provide links or references to third party developed websites, features, apps or services on our website, blogs, discussion forums, social media accounts or otherwise. For example, we encourage, and have an active group of users that provide, community developed features based on various open source software. You may also independently find third party developed interfaces between the Minut Service and the third party service. These third party features, apps or services might include, among other things, applets via IFTTT. Please note that we have no control of such third party websites, features, apps or services and do not assume any responsibility or liability for any damage or loss of any kind for or due to their content, functionality, or practices. If you decide to access these third party websites, features, apps or services, you do so at your own risk. We suggest that before using these third party websites, features, apps or services in connection with your Minut Service, you read their terms of service and privacy policies.
Suggestions and Ideas
You may propose to us ideas and suggestions for modifications or improvements to all or any part of the Minut Service. By choosing to disclose such idea or suggestion to us, you hereby agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Minut, without any compensation to you; (2) we may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for us to review the submissions; and (4) there is no obligation to keep any submissions confidential.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF MINUT SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
EXCEPT FOR THE LIMITED WARRANTY FOR THE MINUT DEVICE SET FORTH BELOW, THE MINUT SERVICE IS PROVIDED BY US AND OUR AFFILIATES “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. NEITHER WE NOR OUR PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MINUT SERVICE (INCLUDING THE MINUT DEVICE), ITS CONTENTS, OR ANY INFORMATION OR FEATURES MADE AVAILABLE BY OR THROUGH THE MINUT SERVICE. IN ADDITION, WE AND OUR PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE MINUT SERVICE (INCLUDING THE MINUT DEVICE), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY AND/OR ACCURACY. FURTHERMORE, WE DO NOT WARRANT THAT YOUR USE OF THE MINUT SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MINUT SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE FROM UNAUTHORIZED ACCESS OR HARMFUL VIRUSES, OR FREE FROM ERRANT MESSAGES, AS ALL OF THESE FACTORS ARE DEPENDENT UPON WIRELESS SIGNAL OR CELLULAR NETWORK AVAILABILITY AND THE USER’S PARTICULAR INSTALLATION NEEDS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MINUT OR A MINUT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Limited Warranty for Hardware (the Minut Device) Only
We warrant to only the original end user of the Minut Device hardware that, when properly installed and operated, if the Minut Device hardware fails due to defects in material and workmanship within one (1) year from the date of purchase, we will repair or replace at no charge to you any components of the Minut Device that fail the limited warranty provided.
This is not a warranty that the performance of the Minut Device will be uninterrupted; available at any time or from a particular location; secure from unauthorized access or harmful viruses; or free from errant messages, as all of these factors are dependent upon wireless signal or cellular network availability and the user’s particular installation needs.
You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. If your mandatory local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. To the extent that any implied warranties cannot be disclaimed under applicable law, any such required implied warranty is limited to the maximum extent permitted by such laws. In the USA, any implied warranty that we cannot disclaim under law is limited to duration of the express warranty (or a lesser period if permitted by such law).
This limited warranty does not apply to (1) normal wear and tear, including scratches and dents; (2) consumable parts, such as batteries and protective coatings, included in the Minut Device; (3) damage resulting from your failure to use the Minut Device in accordance with the instructions accompanying the Minut Device or available at our Website (including the Minut User Manual and FAQ); (4) damage resulting from an accident, flood, fire, misuse, or abuse; (5) damage resulting from service performed, or damage resulting from tampering or alterations to the Minut Device, by anyone not authorized by us; (6) use of the Minut Device with any application or software other than the Minut Software; (7) non-residential use of the Minut Device; or (8) outdoor use of the Minut Device if the device model is not expressly intended for residential outdoor use.
You acknowledge that the Minut Service is only intended for normal residential use and not intended or suitable for use in environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Minut Service could lead to death, personal injury, or severe physical or environmental damage.
We retain the exclusive right to repair or replace the Minut Device, or offer a full refund, at our sole discretion. To the maximum extent permitted by applicable law, such remedy shall be your sole and exclusive remedy for any breach of warranty.
Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COLLATERAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BURGLARY, FIRE, PROPERTY DAMAGE, PERSONAL INJURY OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MINUT SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY, ARISING FROM OR RELATING TO THE MINUT SERVICE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO U.S. $100. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In some locations applicable mandatory law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.
Important Disclaimer: The Minut Service (including the Minut Device) is not a smoke or fire alarm and it DOES NOT conform to the regulatory requirements mandated for fire or smoke alarms, such as UL 217 or any other regulatory requirement. Therefore, we disclaim all liability to you or any third party resulting from fire or smoke damage. To properly protect your home or other residential property, please purchase and install fire and/or smoke alarms that comply with regulatory requirements.
You agree to defend, indemnify and hold us and our partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms; or (b) your violation of our intellectual property rights, any third party rights or any applicable law when using the Minut Service.
Local Law and Export Control
In relation to your purchase and use of the Minut Service, you agree to comply with the laws of your local jurisdiction as well as with any export restrictions of the United States and your local jurisdiction on exporting products or information.
You represent and warrant that (i) you are not located in a country that is subject to an EU or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any EU or U.S. Government list of prohibited or restricted parties.
Notice to US Government Users
The Minut Service (and the software included therein) and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to 48 C.F.R. Section 227.7202 and 48 C.F.R. Section 12.212, as applicable. Consistent with those regulations, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.
You may discontinue your use of the Minut Service at any time by notifying us by e-mail that you wish to terminate your account. After we have terminated your account, you will no longer have access to any of your data. We also reserve the right to delete your account and data if your account has been inactive for a period of more than two (2) years.
Violation by you of any of these Terms gives us sole discretion to suspend, refuse or terminate your access to the Minut Service effective immediately. In such an event, you are required to immediately destroy any copies you have made of any portion of the Minut Service. We may also suspend, refuse, or terminate your access to the Minut Service, in our sole discretion, if we suspect you are using the Minut Service for illegal or abusive purposes, if we suspect you are under 18 years old, if your Minut Service has not been paid as agreed or if you use the Minut Service in violation of the terms or usage restrictions of your subscription plan.
We may change or discontinue, in whole or in part, the Minut Service at any time without notice. You acknowledge that we are not liable to you or to any third party for any such action.
For iPhone, iPad and Other Apple Device Users
(1) these Terms are concluded between you and us only, and not Apple Inc. nor its subsidiaries (hereinafter –“Apple”);
(2) Apple is not responsible for the Minut Mobile App and the content thereof;
(3) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Minut Mobile App;
(4) in the event of any failure of the Minut Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Minut Mobile App to you;
(5) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Minut Mobile App;
(6) Apple is not responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty;
(7) Apple is not responsible for addressing any of your claims or those of any third party relating to the Minut Mobile App or your possession and/or use of the Minut Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Minut Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
(8) Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Minut Mobile App or your possession and use of the Minut Mobile App infringes that third party’s intellectual property rights; and
(9) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or your purchase of any element of the Minut Service.
Except as set forth in the Dispute Resolution and Arbitration Provision, if you reside in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law of any jurisdiction. If you reside in any other country, these Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to the principles of conflicts of law of any jurisdiction.
Dispute Resolution and Arbitration Provision
Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms; the existence, validity, termination, interpretation of any term hereof; disputes regarding your use of the Minut Service; and the relationship between the parties resulting from any of the foregoing (collectively, “Claims”). If you and Minut fail to reach an amicable settlement within 45 days, either party may elect to refer such Claims to binding arbitration on an individual basis.
If you reside in the USA, (A) the arbitration will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., and held in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) (available at https://www.adr.org/sites/default/files/ICDR_Rules_1.pdf), and the AAA’s Supplementary Rules for Multiple Case Filings (available at https://adr.org/sites/default/files/Supplementary_Rules_MultipleCase_Filings.pdf) in effect at the time of the arbitration (collectively, the “AAA Arbitration Rules”); (B) the AAA shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the AAA Arbitration Rules and the terms of this Dispute Resolution and Arbitration Provision; and (C) the place of arbitration shall be in San Francisco, California or, if you are a consumer, in San Francisco or another location reasonably convenient for both parties. If the AAA is unable to administer the arbitration, a court with jurisdiction shall appoint the administrator or arbitrator, who must agree to abide by the terms of this Dispute Resolution and Arbitration Provision.
Either you or Minut may elect arbitration of a Claim by initiating an arbitration proceeding in accordance with the AAA Arbitration Rules or by filing a motion to compel arbitration of a Claim filed in court. Solely for purposes of this Dispute Resolution and Arbitration Provision, “Minut,” “we,” “us,” and “our” mean Minut, each of its subsidiaries, affiliates, successors and assigns, and any of its employees, officers, directors and agents, as well as any other person or entity that you name along with the any of the foregoing as defendants in a single proceeding. The parties shall pay filing, administrative and arbitrator fees in accordance with the AAA Arbitration Rules. However, if you are a consumer and tell us in writing that you cannot afford to pay the fees charged by the AAA (or other arbitration organization) and that you were unable to obtain a waiver of fees, and if your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the AAA (or other arbitration organization) and/or arbitrator. The parties shall bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, this Dispute Resolution and Arbitration Provision or the AAA Arbitration Rules. If the arbitrator determines that any party’s Claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party.
The arbitration shall be conducted by a single neutral arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Minut and you. Any finding, award or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Claim.
JURY TRIAL WAIVER: IF A CLAIM IS ARBITRATED, YOU AND MINUT WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JUDGE OR JURY DECIDE THE CLAIM.
CLASS ACTION WAIVER : IF A CLAIM IS ARBITRATED, NEITHER YOU NOR MINUT WILL HAVE THE RIGHT TO: (1) PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE; OR (2) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION. ALSO, ABSENT THE WRITTEN CONSENT OF ALL PARTIES, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO JOIN OR CONSOLIDATE A CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY. An arbitration award shall determine the rights and obligations of the named parties only, and only with respect to the claim(s) in arbitration. No arbitration administrator or arbitrator shall have the power or authority to waive or modify this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
Claims are subject to arbitration even if they arise out of or relate to actions, omissions, transactions, facts, or conduct that occurred prior to these Terms. However, this Dispute Resolution and Arbitration Provision will not apply to any Claim that was already pending in court before this Dispute Resolution and Arbitration Provision took effect. If there is a conflict between this Dispute Resolution and Arbitration Provision, on the one hand, and the applicable AAA Arbitration Rules or other sections of these Terms, on the other hand, this Dispute Resolution and Arbitration Provision will govern. If any part of this Dispute Resolution and Arbitration Provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this Dispute Resolution and Arbitration Provision will continue in full force and effect, except that: (A) the entire Dispute Resolution and Arbitration Provision (other than this sentence) shall be null and void with respect to any Claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the Class Action Waiver is held to be invalid with respect to such Claim and that determination becomes final after all appeals have been exhausted ; and (B) if a court determines that a public injunctive relief Claim may proceed notwithstanding the Class Action Waiver or other terms of this Dispute Resolution and Arbitration Provision, and that determination becomes final after all appeals have been exhausted, then the public injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded. In no event will a Claim for class or public injunctive relief be arbitrated. This Dispute Resolution and Arbitration provision shall survive any termination, suspension or expiration of these Terms or your use of the Minut Service, any breach or default, any termination or suspension of the Minut Service, and any bankruptcy.
If you reside in any other country or territory than the USA, any dispute, controversy or claim arising out of or in connection with these Terms of Service, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Malmö, Sweden. The language of the arbitral proceedings shall be English.
Notwithstanding the previous section, if you are a consumer residing in any other country or territory than the USA, any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be exclusively settled by the Swedish courts, with the District Court of Malmö (Sw. Malmö tingsrätt) as the court of first instance. If you reside in the European Union, Norway, Iceland or Liechtenstein, you may also report your matter on the online platform of the EU Commission: http://ec.europa.eu/odr, where you can also find further information about alternative dispute resolution in business-to-consumer relationships.
Notwithstanding all of the foregoing, in recognition of the irreparable harm that a breach by you of our intellectual property rights would cause, we may seek an injunction against such violation or breach in a court of competent jurisdiction. We may also seek relief in court for any claim or cause of action against you seeking emergency injunctive relief based on exigent circumstances, such as imminent danger, commission of a crime, hacking, or cyber-attack.
Any amendments to this Dispute Resolution and Arbitration Provision will not apply prospectively if they have a material adverse impact on your rights and you were not give the right to reject the amendment or modification
Except as set forth in the Dispute Resolution and Arbitration Provision above, if for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.
English language shall govern all documents, notices, and interpretations of these Terms. Sections titled Precautions, Suggestions and Ideas, Indemnity, Warranty Disclaimer, Limitation of Liability, Governing Law, Dispute Resolution and Arbitration Provision and General shall survive and remain in effect after your license or access to use the Minut Service has terminated for any or no reason.
Minut, Baltzarsgatan 23, 211 36 Malmö, Sweden