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Dispute Resolution and Waiver

Last Updated: May 13, 2025
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Agreement

You agree that any dispute with Alchemy Studios, LLC. will first be resolved through Mandatory Informal Dispute Resolution (MIDR).

 For U.S. Residents Only:

If MIDR fails, disputes will be settled via binding arbitration, not litigation, regardless of who the dispute is with, or the legal theories involved. You waive your right to a court trial and class action.

MIDR Process:

  • Notice: Initiate MIDR by giving written notice to the other party.
  • Notify Alchemy Studios, LLC. by sending a letter to their legal department with your details, counsel’s contact, dispute description, requested resolution, and support ticket number.
  • Alchemy Studios, LLC. will notify you at your registered email or billing address.
  • Process: Both parties will try to resolve the dispute via writing, call, or video conference.
  • Confidentiality: All communications during MIDR are confidential.
  • Timing: MIDR should occur within 60 days of notice receipt; emergency relief cases within 3 business days.
  • Prerequisite: MIDR must precede arbitration or litigation; unsupported claims will be dismissed or deemed frivolous.

 Exceptions:

Claims on patent, copyright, trademark, or trade secret rights bypass MIDR.

 Arbitration Agreement:

Unresolved disputes after MIDR will be settled by binding arbitration, waiving court trials and class actions.

 Federal Arbitration Act:

Governed by FAA. Arbitrators can award the same relief as courts but without a jury.

 Arbitration Proceedings:

Administered by FedArb following specific rules, often conducted via video conference in locations convenient for users.

Commencing Arbitration:

Submit a demand post-MIDR compliance and provide User Terms copy.

 Fees and Costs:

User pays $50 filing fee initially; remainder covered by Alchemy Studios, LLC., unless fees are considered frivolous or improper.

Delegation; Interpretation:

Arbitrator resolves all related disputes unless concerning which version of the Terms was agreed upon.

Severability:

Unenforceable provisions severed; balance remains effective.

Opting Out:

Users may opt out within 30 days of signing up or notifying material change by sending a letter to Alchemy Studios, LLC.’s legal department.

 Exceptions:

  • Right to participate in class-wide settlements.
  • Non-U.S. residents or those opting out may bypass arbitration.
  • Small claims court option available after MIDR.

 Timing for Raising Disputes:

Disputes must be raised within one year of arising or are permanently barred.