30.1 Agreement to Arbitrate

To the fullest extent permitted by Applicable Law, you and Growwr agree that any dispute, claim, controversy, or cause of action arising out of or relating to:

• these Terms;
• the Services;
• Growwr AI;
• Growwr Talent;
• Growwr Pay;
• the Marketplace;
• Verification Services;
• your Account;
• any Project;
• payments;
• intellectual property;
• privacy;
• security;
• communications; or
• any other relationship between you and Growwr,

shall be resolved exclusively through final and binding arbitration, except where these Terms expressly provide otherwise or where Applicable Law prohibits mandatory arbitration.

This agreement to arbitrate is intended to be broadly interpreted.

30.2 Informal Resolution

Before initiating arbitration, either party shall first provide written notice describing the nature of the dispute and the relief sought.

The parties agree to use commercially reasonable efforts to resolve the dispute through good-faith negotiations for at least thirty (30) days following receipt of the notice before commencing arbitration, unless immediate equitable relief is necessary.

Nothing in this Section prevents either party from seeking temporary emergency relief where delay could result in irreparable harm.

30.3 Arbitration Rules

Unless otherwise required by Applicable Law or agreed by the parties in writing, arbitration shall:

• be administered by the American Arbitration Association (AAA) or a comparable arbitration provider if the AAA is unavailable;
• be conducted in accordance with the applicable commercial arbitration rules then in effect;
• be conducted in the English language;
• be conducted by one (1) neutral arbitrator unless the applicable rules require otherwise; and
• result in a written decision.

The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, except where Applicable Law provides otherwise.

30.4 Seat and Venue of Arbitration

The legal seat of arbitration shall be Wilmington, Delaware, United States, unless the parties agree otherwise or Applicable Law requires a different location.

The arbitration may be conducted:

• in person;
• by videoconference;
• by telephone;
• through written submissions; or
• by any combination of these methods, as determined by the arbitrator or agreed by the parties.

30.5 Individual Proceedings Only

To the fullest extent permitted by Applicable Law, disputes shall be resolved solely on an individual basis.

Neither you nor Growwr may:

• participate in a class action;
• participate in a collective action;
• participate in a representative action;
• act as a private attorney general;
• consolidate claims involving different users; or
• arbitrate claims on behalf of any other person or entity,

unless such waiver is prohibited by Applicable Law.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

30.6 Exceptions to Arbitration

Nothing in this Section prevents either party from:

• bringing an individual claim in a court that has jurisdiction over qualifying small claims matters, where permitted by Applicable Law;
• seeking temporary, preliminary, or permanent injunctive relief;
• seeking specific performance;
• seeking equitable relief to protect Intellectual Property Rights;
• seeking relief to protect Confidential Information;
• seeking relief relating to unauthorized access, cybersecurity incidents, or misuse of the Services; or
• complying with governmental investigations, subpoenas, court orders, or other legal processes.

The filing of any action seeking equitable relief shall not waive the right to arbitrate any remaining claims.

30.7 Arbitration Costs

Each party shall initially bear its own attorneys’ fees, expert fees, and litigation-related expenses unless:

• the arbitrator awards fees under Applicable Law;
• these Terms expressly provide otherwise;
• a separate written agreement provides otherwise; or
• the applicable arbitration rules require a different allocation.

Administrative fees and arbitrator compensation shall be allocated in accordance with the applicable arbitration rules unless otherwise ordered by the arbitrator or required by Applicable Law.

30.8 Confidentiality of Arbitration

Except as required by Applicable Law, the applicable arbitration rules, or to enforce or challenge an arbitration award, the parties agree to maintain the confidentiality of:

• the arbitration proceedings;
• evidence presented;
• documents produced;
• testimony;
• settlement discussions;
• arbitration awards; and
• other non-public information exchanged during arbitration.

Nothing in this Section limits either party’s obligations under the Confidentiality provisions of these Terms.

30.9 Arbitration Award

The arbitrator may award any remedy available under Applicable Law that is consistent with these Terms.

The arbitrator shall not have authority to:

• award relief prohibited by these Terms to the extent enforceable under Applicable Law;
• modify these Terms;
• require Growwr to provide services beyond its contractual obligations; or
• grant relief on behalf of persons who are not parties to the arbitration.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

30.10 Opt-Out Where Required by Law

If Applicable Law grants you a non-waivable right to decline or opt out of mandatory arbitration, you may exercise that right in accordance with Applicable Law.

Nothing in this Section is intended to deprive any user of rights that cannot lawfully be waived.

30.11 Survival

This arbitration agreement shall survive:

• termination of your Account;
• termination of these Terms;
• completion of any Project;
• cessation of your use of the Services; and
• any dispute arising after termination that relates to events occurring while these Terms were in effect.

30.12 Severability

If any portion of this arbitration agreement is determined to be invalid or unenforceable under Applicable Law, that portion shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

If the prohibition on class, collective, or representative proceedings is found unenforceable with respect to a particular claim, then that claim shall proceed in a court of competent jurisdiction to the extent required by Applicable Law, while all remaining claims shall remain subject to arbitration where legally permissible.

30.13 Reservation of Rights

Nothing in this Section limits Growwr’s right to:

• enforce these Terms;
• recover unpaid fees;
• suspend or terminate Accounts;
• investigate fraud or security incidents;
• cooperate with law enforcement or regulatory authorities;
• seek equitable relief;
• protect its Intellectual Property Rights;
• protect Confidential Information; or
• exercise any other rights or remedies available under these Terms or Applicable Law.