Arbitration Clause

Dispute Resolution – Binding Arbitration & Class Action Waiver: For users in the United States (or any dispute subject to U.S. law), you and Fantra agree to resolve any dispute, claim, or controversy arising out of or relating to the Fantra platform or its Terms/Policies exclusively through final and binding arbitration on an individual basis, instead of in court. This means no judge or jury will decide the dispute, and you waive the right to a jury trial or to participate in a class action or class-wide proceeding.

Definitions

For clarity, here are key definitions related to this document.

• Arbitration means a binding private dispute process before a neutral arbitrator instead of a court

• AAA means the American Arbitration Association and its consumer or commercial rules

• Class Action Waiver means disputes must be brought on an individual basis only

• Small Claims means an individual claim that can be filed in small claims court where allowed

• Opt Out means the right to decline this arbitration agreement within the stated time by written notice

• Federal Arbitration Act means 9 U S C sections 1 to 16, the law that governs enforcement of this Clause

• Arbitration Forum & Rules: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual user) or Commercial Arbitration Rules (if applicable). You can find these rules on the AAA website. AAA filing fees and arbitrator costs will be allocated as provided in those rules; however, if the arbitrator finds your share of fees excessive or you cannot afford them, Fantra will pay the arbitration fees as needed to ensure the arbitration is accessible. The arbitration may be conducted telephonically or via video conference to minimise inconvenience, or in a mutually agreed location. The arbitrator must follow applicable law and can award the same damages and relief as a court on an individual basis.

• Individual Basis Only – Class Action Waiver: All arbitrations will be conducted only on an individual basis. You and Fantra agree not to bring claims against each other as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate more than one person’s claims or preside over any form of a representative or class proceeding. No class arbitration or collective relief is permitted – the dispute must be between Fantra and you individually.

• Exceptions – Small Claims & Injunctive Relief: Notwithstanding the above, either party may choose to bring an individual claim in small claims court if it qualifies, in lieu of arbitration. This arbitration agreement also does not require arbitration for: (a) claims for injunctive relief to stop unauthorised use or abuse of the platform or intellectual property infringement (you or Fantra may go to court to seek an injunction); or (b) certain government claims that by law cannot be subject to mandatory arbitration. Such matters can proceed in court, but only on an individual (non-class) basis.

• Opt-Out Right: You have the right to opt out of this arbitration agreement for future matters by sending a written notice to Fantra within 30 days of accepting the Terms. The notice must include your name, account information, and a clear statement that you opt out of the arbitration agreement. If you opt out, you will not be bound by the arbitration or class waiver provisions, but the rest of the Terms will continue to apply. Opt-out notices must be sent to Fantra’s legal contact address (as provided in the Terms). If you do not opt out within 30 days, you are bound by this arbitration clause.

• Governing Law & Enforcement: This arbitration agreement is made pursuant to and governed by the U.S. Federal Arbitration Act (9 U.S.C. §§ 1–16), and it shall be enforced in accordance with that law. The arbitrator will apply the same governing law designated in the Fantra Terms of Service (for example, the law of New South Wales, Australia) to the merits of the dispute, consistent with applicable law. The arbitration award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. If any portion of this arbitration clause (other than the class action waiver) is found unenforceable, it shall be severed, and the remaining provisions shall still be enforced. However, if the class action waiver is found unenforceable, then this entire arbitration provision shall be null and void for that specific dispute, and the claim may proceed in court. In no case shall there be a class or representative action in arbitration or court. By agreeing to these terms, YOU ACKNOWLEDGE THAT YOU UNDERSTAND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION to the maximum extent permitted by law.