Kyttx - Arbitration & Dispute Resolution Agreement

01Introduction

This Arbitration & Dispute Resolution Agreement governs disputes, claims, controversies, complaints, demands, proceedings, arbitration, informal resolution, governing law, class action waivers, urgent relief, and related dispute resolution procedures arising out of or relating to the Kyttx Platform.

This Agreement applies to all Users, including Sellers, Merchants, Buyers, Customers, Members, Operators, agencies, team members, contractors, affiliates, visitors, and any other person or entity that accesses or uses Kyttx.

This Agreement is incorporated into and forms part of the Kyttx Master Terms of Service, Seller / Merchant Agreement, Buyer / Member Terms, Operator / Agency Terms, Payment, Payout & Fee Schedule, Refund, Chargeback & Dispute Policy, Acceptable Use Policy, Content & Intellectual Property Policy, Privacy Policy, Cookie Policy, Data Processing Agreement, Sanctions, Restricted Countries & Compliance Policy, and any other applicable Kyttx Policies.

By accessing or using Kyttx, creating an account, purchasing a Seller Offering, selling through Kyttx, acting as an Operator, receiving payouts, using payment-related features, or otherwise interacting with the Platform, you agree to this Agreement.

If you do not agree to this Agreement, you must not use Kyttx.

02Important Notice

This Agreement requires most disputes between you and Kyttx to be resolved through binding arbitration rather than in court, to the maximum extent permitted by law.

This Agreement also limits class, collective, consolidated, representative, group, and mass claims, to the maximum extent permitted by law.

Some laws may give certain Users, especially consumers, rights that cannot be waived. This Agreement applies to the maximum extent permitted by applicable law.

03Relationship to Other Terms

This Agreement applies in addition to all other Kyttx terms and policies.

If there is a conflict between this Agreement and the Kyttx Master Terms of Service, this Agreement controls for dispute resolution, arbitration, governing law, venue, class action waiver, and related matters unless expressly stated otherwise.

If mandatory law requires a different procedure, venue, forum, law, or dispute resolution mechanism, this Agreement applies to the maximum extent permitted by law.

04Definitions

Capitalized terms used but not defined in this Agreement have the meanings given in the Kyttx Master Terms of Service.

For purposes of this Agreement:

?Claim? means any dispute, claim, controversy, complaint, demand, cause of action, proceeding, allegation, request for relief, or disagreement between you and Kyttx, whether based in contract, tort, statute, regulation, equity, common law, consumer law, privacy law, payment law, intellectual property law, or any other legal theory.

?Kyttx? means the person, company, entity, organization, successor, assignee, or operating entity that owns, operates, licenses, controls, or makes available the Kyttx Platform.

?You? or ?User? means any person or entity that accesses or uses Kyttx, including Sellers, Buyers, Operators, team members, agencies, contractors, affiliates, and visitors.

?Platform? means the Kyttx website, software, tools, dashboards, applications, hosted pages, storefronts, checkout infrastructure, payment-related features, automations, CRM features, analytics, forms, booking tools, communities, course or cohort hosting, file hosting, AI tools, communication tools, URL tools, affiliate-related tools, and any other services made available by Kyttx.

?DIAC? means the Dubai International Arbitration Centre.

?DIFC? means the Dubai International Financial Centre.

05Scope of This Agreement

This Agreement applies to all Claims arising out of or relating to:

The Platform.
The Kyttx website.
Kyttx accounts, Seller accounts, Buyer accounts, or Operator accounts.
Seller Offerings, Seller Content, Buyer access, or Operator access.
Payments, payouts, withdrawals, instant withdrawals, Fees, refunds, chargebacks, payment disputes, reserves, payout holds, negative balances, or taxes.
Privacy, data protection, cookies, content removal, intellectual property, account suspension, account termination, Platform availability, Platform changes, AI tools, automations, communications, sanctions, compliance, User conduct, Kyttx Policies, or any relationship or interaction between you and Kyttx.

This Agreement applies whether the Claim arose before, during, or after your use of Kyttx, to the maximum extent permitted by law.

06Informal Dispute Resolution Required First

Before starting arbitration, you and Kyttx agree to attempt to resolve the Claim informally.

The party raising the Claim must send a written notice to the other party.

Notices to Kyttx must be sent to:

legal@kyttx.com

A notice of dispute must include:

Your full legal name.
Your account email.
Your business name, if applicable.
Your role on Kyttx.
A description of the Claim.
The facts supporting the Claim.
The amount or relief requested.
Relevant documents or screenshots.
Your contact information.
Your signature or electronic confirmation.

Kyttx may send notices to the email address associated with your account or by another reasonable method.

The parties will attempt in good faith to resolve the Claim for 30 days after the notice is received.

No arbitration may be started until the 30-day informal resolution period has expired, unless urgent relief is permitted under this Agreement.

07Failure to Provide Proper Notice

If a party starts arbitration without first providing a proper notice of dispute and completing the 30-day informal resolution period, the responding party may ask the arbitrator or arbitration institution to dismiss, stay, or pause the arbitration until the informal resolution process is completed.

The notice requirement is intended to give both parties a fair opportunity to resolve disputes before incurring arbitration costs.

08Binding Arbitration

If a Claim is not resolved through informal dispute resolution, the Claim shall be finally resolved by binding arbitration, to the maximum extent permitted by law.

Unless mandatory law requires otherwise, arbitration shall be administered by the Dubai International Arbitration Centre under the DIAC Arbitration Rules then in effect.

The arbitration award shall be final and binding.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

09Seat of Arbitration

Unless mandatory law requires otherwise, the seat of arbitration shall be:

Dubai International Financial Centre, Dubai, United Arab Emirates.

The selection of the seat determines the legal seat of the arbitration and the supervisory court framework, but hearings may take place remotely, virtually, by video conference, by documents only, or in another location if permitted by the arbitrator, DIAC rules, or agreement of the parties.

10Language of Arbitration

The language of arbitration shall be English.

All submissions, evidence, communications, orders, and awards shall be in English unless the arbitrator determines otherwise.

If documents are in another language, the arbitrator may require translations.

11Number of Arbitrators

The tribunal shall consist of one arbitrator, unless DIAC rules, mandatory law, or the arbitration institution requires otherwise.

The arbitrator shall be appointed according to the DIAC Arbitration Rules unless the parties agree otherwise.

12Governing Law

Unless mandatory law requires otherwise, this Agreement, the Kyttx Master Terms of Service, all Kyttx Policies, and any Claim shall be governed by the laws of the Dubai International Financial Centre, without regard to conflict of law rules.

Where DIFC law cannot lawfully apply to a particular User, Claim, transaction, or dispute, the relevant Claim shall be governed by the law that Kyttx determines is most closely connected to the relevant operating entity, account, transaction, service, or legal requirement, subject to mandatory applicable law.

Nothing in this Agreement limits mandatory rights that cannot lawfully be waived.

13Confidentiality of Disputes

Unless disclosure is required by law, payment provider rules, regulator request, court order, arbitration rules, legal counsel, auditors, tax advisors, enforcement needs, or other legitimate necessity, the parties agree that arbitration proceedings shall be confidential.

Confidential information may include:

Notices of dispute.
Settlement discussions.
Arbitration filings.
Evidence, witness statements, expert reports, hearing transcripts, procedural orders, awards, or settlement terms.
Confidential business information, User data, payment information, security information, or trade secrets.

Nothing prevents Kyttx from disclosing information to payment providers, banks, card networks, regulators, law enforcement, courts, arbitrators, service providers, advisors, insurers, affected Users, or other parties where Kyttx determines disclosure is necessary or appropriate.

14Individual Claims Only

To the maximum extent permitted by law, you and Kyttx agree that Claims may be brought only on an individual basis.

You and Kyttx waive the right to bring or participate in Claims as:

Class actions.
Collective actions.
Consolidated actions.
Representative actions.
Mass actions.
Group claims.
Private attorney general actions.
Similar proceedings involving multiple claimants.

No arbitrator may consolidate Claims of multiple Users unless Kyttx agrees in writing or mandatory law requires otherwise.

15Class Action Waiver

To the maximum extent permitted by law, you and Kyttx waive any right to trial or arbitration on a class, collective, consolidated, representative, mass, or group basis.

If this class action waiver is found unenforceable for a particular Claim, then that Claim must be severed and resolved in a court of competent jurisdiction, while all other Claims remain subject to arbitration to the maximum extent permitted by law.

16Mass Claims

If multiple similar Claims are brought by or on behalf of multiple Users, Kyttx may request that the arbitration institution or arbitrator manage the Claims in a way that avoids inefficient, abusive, duplicative, or unfair proceedings.

This may include:

Batching Claims.
Staying Claims.
Appointing a procedural arbitrator.
Resolving threshold issues first.
Requiring representative test cases.
Adjusting fee procedures.
Requiring individualized proof.
Preventing duplicative submissions.
Using another procedure permitted by applicable arbitration rules or law.

Nothing in this section permits class arbitration unless Kyttx expressly agrees in writing or mandatory law requires otherwise.

17Jury Trial Waiver

To the maximum extent permitted by law, you and Kyttx waive any right to a jury trial for Claims that are not subject to arbitration.

This waiver applies only where jury trial waivers are legally enforceable.

18Court Carve-Outs for Urgent Relief

Notwithstanding the arbitration requirement, Kyttx may seek urgent, interim, injunctive, equitable, protective, or provisional relief in any court of competent jurisdiction.

This includes Claims involving:

Intellectual property misuse, trademark infringement, copyright infringement, trade secret misuse, confidentiality breaches, data misuse, or privacy breaches.
Security threats, account takeover, fraud, payment abuse, chargeback abuse, refund abuse, non-payment, negative balances, sanctions issues, or illegal activity.
Platform abuse, scraping, reverse engineering, unauthorized access, harassment or threats, misuse of Kyttx branding, or actions likely to cause immediate or irreparable harm.

Seeking urgent court relief does not waive the right to arbitration for other Claims.

19Payment Provider and Bank Processes

Some disputes may be handled by Third-Party Payment Providers, banks, card networks, or payment method providers.

This may include:

Chargebacks.
Payment disputes.
Refund reversals.
Cardholder claims.
Bank disputes.
Payment method disputes.
Payment provider account restrictions.
Payout restrictions.
Fraud reviews.
Payment compliance reviews.

Nothing in this Agreement prevents Kyttx from participating in, submitting evidence to, or complying with Third-Party Payment Provider, bank, or card network dispute processes.

Payment provider processes do not replace arbitration between you and Kyttx unless required by mandatory law or expressly agreed by Kyttx.

20Seller-Buyer Disputes

Kyttx is generally not a party to disputes between Sellers and Buyers.

Seller-Buyer disputes should be resolved between the Seller and Buyer, subject to the Seller?s terms, Kyttx Policies, payment provider processes, and applicable law.

Kyttx may, at its discretion, assist, review, mediate, restrict access, facilitate refunds, preserve evidence, or take enforcement action.

Kyttx?s involvement in a Seller-Buyer dispute does not make Kyttx responsible for the Seller Offering or the underlying dispute.

If a Buyer or Seller brings a Claim against Kyttx relating to a Seller-Buyer dispute, this Agreement applies.

21Seller-Operator Disputes

Kyttx is generally not a party to disputes between Sellers and Operators.

Seller-Operator disputes may involve:

Compensation.
Revenue share.
Commissions.
Access.
Ownership of work.
Performance.
Deliverables.
Termination.
Confidentiality.
Buyer Data.
Seller Content.
Account permissions.

Kyttx may, at its discretion, assist, preserve evidence, restrict access, suspend revenue share, or take enforcement action.

Kyttx?s involvement does not make Kyttx responsible for Seller-Operator disputes.

If a Seller or Operator brings a Claim against Kyttx relating to a Seller-Operator dispute, this Agreement applies.

22Small Claims and Consumer Rights

Kyttx intends for Claims to be resolved by arbitration to the maximum extent permitted by law.

However, some jurisdictions may provide mandatory consumer rights, small claims rights, local court rights, regulatory complaint rights, or other rights that cannot be waived.

Where such rights apply and cannot lawfully be waived, this Agreement applies only to the maximum extent permitted by law.

Nothing in this Agreement prevents a User from contacting a regulator, data protection authority, consumer authority, or law enforcement agency where such right cannot be waived.

23Costs and Fees

Unless mandatory law, DIAC rules, or the arbitrator requires otherwise, arbitration fees, administrative fees, arbitrator fees, legal fees, and costs shall be handled according to the DIAC Arbitration Rules and the arbitrator?s decision.

To the maximum extent permitted by law, the prevailing party may recover reasonable legal fees, arbitration costs, and other costs from the non-prevailing party.

The arbitrator may consider whether a Claim or defense was frivolous, abusive, brought in bad faith, unsupported, or intended to harass.

24Frivolous or Bad-Faith Claims

The arbitrator may award costs, fees, or other relief against a party that brings or defends a Claim in bad faith, for harassment, for improper leverage, without reasonable basis, or in violation of this Agreement.

Kyttx may seek recovery of costs for abusive Claims, false chargeback-related Claims, fraudulent disputes, or Claims brought to avoid valid payment obligations.

25Time Limit to Bring Claims

To the maximum extent permitted by law, any Claim against Kyttx must be brought within one year after the event giving rise to the Claim occurred or after you knew or reasonably should have known of the event giving rise to the Claim.

If you do not bring a Claim within that period, the Claim is permanently barred to the maximum extent permitted by law.

If applicable law does not allow a one-year limitation period, the shortest limitation period permitted by applicable law will apply.

26Remedies

The arbitrator may award remedies available under applicable law and this Agreement.

The arbitrator may not award remedies that are excluded or limited by Kyttx?s terms, except where such exclusion or limitation is prohibited by mandatory law.

The arbitrator may award relief only to the individual party bringing the Claim and only to the extent necessary to resolve that individual Claim.

27Limitation of Liability

Any Claim is subject to the disclaimers, limitations of liability, indemnity provisions, release provisions, and other limitations in the Kyttx Master Terms of Service and applicable Kyttx Policies.

To the maximum extent permitted by law, Kyttx?s total liability is limited as stated in the Kyttx Master Terms of Service and applicable agreements.

28Indemnity

You agree to defend, indemnify, and hold harmless Kyttx and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, service providers, and payment partners from and against claims, demands, disputes, losses, liabilities, damages, fines, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to:

Your violation of this Agreement.
Your bad-faith Claims.
Your false statements in dispute processes.
Your misuse of payment disputes.
Your misuse of chargebacks.
Your failure to pay amounts owed.
Your violation of Kyttx Policies.
Your violation of law.
Your claims involving Seller Offerings.
Your claims involving Seller-Buyer disputes.
Your claims involving Seller-Operator disputes.
Any claim that Kyttx is responsible for your conduct, content, products, services, or obligations.

29Severability

If any part of this Agreement is found invalid, illegal, or unenforceable, that part will be modified to the minimum extent necessary to make it valid and enforceable.

If modification is not possible, the invalid part will be severed, and the rest of this Agreement will remain in effect.

If the class action waiver is found unenforceable for a particular Claim, the rule in the class action waiver section applies.

30No Waiver

Kyttx?s failure to enforce any part of this Agreement does not waive its right to enforce that part or any other part in the future.

Any waiver must be in writing and signed by Kyttx.

31Survival

This Agreement survives:

Account closure.
Account suspension.
Account termination.
Seller Offering removal.
Buyer access termination.
Operator access termination.
Payout completion.
Transaction completion.
Refund completion.
Chargeback completion.
Discontinuation of the Platform.
Termination of other Kyttx agreements.

32Modifications

Kyttx may modify this Agreement from time to time.

Kyttx may provide notice by posting an updated version, updating the ?Last Updated? date, sending email notice, displaying in-app notice, updating the dashboard, or using another reasonable method.

Changes are effective when posted or when otherwise stated.

Your continued use of the Platform after changes become effective constitutes acceptance of the updated Agreement.

Kyttx may make immediate changes where required or appropriate due to legal requirements, arbitration rule changes, court decisions, payment partner requirements, security issues, fraud risk, compliance issues, operational changes, corporate restructuring, or urgent platform needs.

33Contact

Legal notices and notices of dispute must be sent to: