Dispute Resolution Policy
Effective Date: January 1, 2025
1. Overview
SwiftInbox AI is committed to resolving disputes with our users fairly and efficiently. This Dispute Resolution Policy outlines the process for addressing conflicts that may arise between you and SwiftInbox AI regarding our services.
We encourage users to first attempt to resolve issues through our customer support channels before initiating formal dispute resolution procedures.
2. Initial Resolution Process
2.1 Customer Support
Before initiating formal dispute resolution, you must first contact our customer support team:
- Email: [email protected]
- Response Time: Within 48 hours for Professional users, 4 hours for Enterprise users
- Escalation: If not resolved within 5 business days, request escalation to management
2.2 Management Review
Escalated disputes will be reviewed by our management team within 10 business days. We will:
- Conduct a thorough investigation of the issue
- Communicate directly with you about our findings
- Propose a resolution or explain why no resolution is possible
- Document the dispute and resolution for future reference
3. Formal Dispute Resolution
3.1 When Formal Process Applies
If your dispute cannot be resolved through customer support and management review, you may initiate formal dispute resolution for:
- Billing disputes exceeding $100
- Service availability issues affecting business operations
- Data privacy or security concerns
- Alleged breach of our Terms of Service
- Intellectual property disputes
3.2 Notice Requirements
To initiate formal dispute resolution, you must send written notice to:
Email: [email protected]
Your notice must include:
- Your name and contact information
- Account details and subscription information
- Detailed description of the dispute
- Steps taken to resolve the issue through customer support
- Desired resolution or remedy sought
- Supporting documentation or evidence
4. Mediation Process
4.1 Voluntary Mediation
Before proceeding to arbitration, both parties may agree to participate in mediation through a neutral third-party mediator. Mediation is voluntary and non-binding.
4.2 Mediation Rules
- Mediation will be conducted under the Commercial Mediation Rules of the American Arbitration Association (AAA)
- The mediator will be selected jointly by both parties
- Mediation costs will be shared equally between parties
- Mediation sessions will be conducted virtually or in San Francisco, CA
- All mediation communications are confidential
4.3 Mediation Timeline
If both parties agree to mediation, the process should be completed within 60 days of the mediation agreement.
5. Binding Arbitration
5.1 Arbitration Agreement
If mediation fails or is not pursued, disputes will be resolved through binding arbitration. By using our Service, you agree to resolve disputes through arbitration rather than court litigation.
5.2 Arbitration Rules and Procedures
- Governing Rules: Commercial Arbitration Rules of the American Arbitration Association (AAA)
- Arbitrator Selection: Single arbitrator selected through AAA procedures
- Location: San Francisco, California, or virtual proceedings
- Language: English
- Applicable Law: California state law
5.3 Arbitration Costs
For disputes involving claims of $10,000 or less:
- SwiftInbox AI will pay all AAA filing fees and arbitrator costs
- Each party bears their own attorney fees unless awarded by the arbitrator
For disputes involving claims exceeding $10,000:
- Costs will be allocated according to AAA Commercial Arbitration Rules
- The arbitrator may award attorney fees to the prevailing party
5.4 Arbitration Limitations
- Arbitration will be conducted on an individual basis only
- Class action arbitrations are not permitted
- The arbitrator may not consolidate multiple parties' claims
- The arbitrator's decision is final and binding
6. Exceptions to Arbitration
The following disputes are not subject to arbitration and may be pursued in court:
- Claims for injunctive or equitable relief
- Disputes involving intellectual property rights
- Small claims court matters (under $5,000)
- Claims of data breach or privacy violations
- Disputes involving alleged criminal activity
7. Class Action Waiver
You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitrations against SwiftInbox AI.
If the class action waiver is found to be unenforceable, the arbitration agreement will not apply to class claims.
8. Statute of Limitations
Any dispute must be initiated within one (1) year of when the dispute arose, regardless of the resolution method chosen. This limitation period applies to all claims, whether in arbitration, mediation, or court.
9. Severability
If any portion of this Dispute Resolution Policy is found to be unenforceable, the remainder will remain in full force and effect. If the arbitration agreement is found to be unenforceable, disputes will be resolved in the state or federal courts of California.
10. Changes to This Policy
We may update this Dispute Resolution Policy from time to time. Changes will be effective 30 days after posting on our website. Continued use of our Service constitutes acceptance of the updated policy.
Changes will not apply to disputes that arose before the effective date of the changes.
11. Contact Information
For questions about this Dispute Resolution Policy or to initiate dispute resolution:
Legal: [email protected]
Support: [email protected]
Address: SwiftInbox Technologies Pvt Ltd., Church Road, Chikmagalur, 577101