1. When This Agreement Applies

By expressly accepting this agreement when it is presented in connection with a purchase or service, you and Activate U agree to individual arbitration of covered disputes instead of a court trial, including a jury trial, except as stated below. You may opt out within 30 days.

Merely viewing these pages does not create an arbitration agreement. A refund-policy acknowledgment alone does not constitute acceptance of this agreement. It applies only if validly accepted, and does not retroactively change an earlier purchase or dispute without a separate valid agreement. A separately signed service agreement controls if it expressly provides a different dispute process.

2. Covered Disputes

Subject to the exceptions below, this agreement covers disputes between you and Activate U arising from a purchase, digital license, delivery, support, service or related representations, whether based on contract, statute or another legal theory. It also covers claims involving Activate U personnel acting on its behalf in the same transaction. It does not bind an unrelated third party to arbitration.

3. Informal Resolution

Before starting arbitration, the party bringing the claim will email the other a written description of the issue, the relevant order or service, a way to respond and the requested resolution. Send notices to hello@istaymad.com with the subject Notice of Dispute. Activate U will use the email address you provided. Both parties will try in good faith to resolve the dispute for 30 days after receipt. Neither party must delay a filing needed to preserve a legal deadline or obtain urgent relief. No telephone or video conference is required as a condition of making a claim.

4. Arbitration Administrator and Rules

The American Arbitration Association (AAA) will administer consumer disputes under its Consumer Arbitration Rules and applicable fee schedule, subject to this agreement and mandatory law. Current rules and filing information are available at adr.org. One neutral arbitrator will decide the merits. If AAA is unavailable or declines administration, the parties may agree to another administrator. If they cannot agree, either party may pursue the dispute in a court with jurisdiction. No substitute administrator may reduce mandatory consumer protections.

5. Fees, Hearings and Available Relief

Activate U will pay the administrator and arbitrator fees required of a business by the applicable consumer rules, including any fees those rules require us to pay beyond the consumer filing fee. We will also pay any portion of your filing fee needed to prevent the process from costing you more than filing a comparable claim in court. Each party pays its own legal fees unless applicable law or the arbitrator's lawful award provides otherwise. A hearing may be by documents, telephone, video or in person as the rules allow. An in-person consumer hearing will be reasonably convenient to you, ordinarily in your county of residence, unless you choose otherwise. The arbitrator may award the individual relief available under applicable law and must provide a written reasoned decision. The award is final and binding on the parties, subject to any court review, vacation, modification or correction provided by applicable law. The parties agree that judgment on the award may be entered in a court with jurisdiction.

6. Small Claims, Government Complaints and Other Exceptions

  • Either party may bring an individual claim within a small-claims court's jurisdiction instead of arbitration, while it remains there on an individual basis.
  • You may report concerns to regulators, government agencies or law enforcement and participate in their proceedings. This agreement does not restrict honest reviews or protected disclosures.
  • Claims or remedies that applicable law makes nonarbitrable or nonwaivable remain available in the required forum. This includes statutory exceptions for sexual-assault or sexual-harassment disputes when applicable, and public injunctive relief where the right cannot lawfully be waived.
  • Either party may seek temporary court relief necessary to protect rights pending resolution without waiving arbitration of an otherwise covered claim.
  • A court, rather than an arbitrator, decides whether this agreement was formed or validly accepted and whether the class-action waiver is enforceable.

7. Individual Proceedings and Class-Action Waiver

To the extent permitted by law, you and Activate U agree to bring covered claims only in an individual capacity. Neither party may act as a class representative or class member, or combine unrelated parties' claims in a class, collective or representative arbitration, without all affected parties' written agreement.

This does not prevent either party from consulting a lawyer, joining lawful coordinated legal representation, reporting concerns, or exercising a right or remedy that cannot be waived. It does not restrict government enforcement. This waiver does not require individual treatment of a claim or remedy where applicable law prohibits that restriction.

8. Your 30-Day Right to Opt Out

You may reject the arbitration requirement and class-action waiver without losing your purchase, personal-use license or support. Within 30 days after you first accept this agreement, email hello@istaymad.com with the subject Arbitration Opt-Out. Include your name, the purchase or service email, an order reference if available, and a clear statement that you opt out of arbitration and the class-action waiver. No special form, signature or explanation is required. Keep a copy. A timely opt-out applies to this agreement and later purchases under the same agreement unless you separately choose to enter a new agreement. The other purchase and license terms remain in effect.

9. Applicable Law, Courts and Severability

The Federal Arbitration Act governs this arbitration agreement to the extent applicable, subject to its exceptions and other mandatory law. Georgia law otherwise applies subject to consumer protections that cannot be displaced. If you opt out, if no valid arbitration agreement exists, or if an exception applies, a claim may proceed in a court with jurisdiction without this agreement's class-action waiver. If a class-action restriction is unenforceable for a particular claim, that claim proceeds in court rather than class arbitration. Other covered claims may remain in individual arbitration as the law permits. If another provision is unenforceable, the rest remains effective only to the extent permitted by law.

10. Changes and Contact

Material changes to this agreement apply only after the notice and agreement required by law. We will not apply a revision retroactively to an existing dispute or cancel a timely opt-out. If validly accepted and not opted out of, this agreement survives completion or termination of the covered transaction or relationship for disputes within its scope. All stated exceptions and nonwaivable rights continue to apply. For questions, email hello@istaymad.com. Related terms: Terms of Use, Digital Product License and Digital Products Refund Policy.