Governing Law & Arbitration

Applicable Law

These Terms of Service, and any disputes arising out of or relating to your use of AquaAtlas or services provided by Breachora LLC, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and applicable federal laws of the United States, without regard to conflict-of-law principles or provisions.

Informal Dispute Resolution

Before initiating any formal legal proceeding or arbitration, you agree to first attempt to resolve any dispute informally by contacting Breachora LLC at legal@aquaatlas.app with a written description of the dispute and the relief sought.

Breachora LLC will attempt to respond within thirty (30) days. If the dispute is not resolved within sixty (60) days of initial contact, either party may proceed to binding arbitration as described below. This informal dispute resolution requirement is a condition precedent to initiating arbitration.

Binding Arbitration

Except as provided below, you and Breachora LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of AquaAtlas — including disputes about the validity, enforceability, or scope of this arbitration agreement — shall be resolved exclusively through final and binding arbitration rather than in court.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English and may be conducted remotely or in writing at the election of either party.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions to Arbitration: Either party may bring an individual action in small claims court for disputes within the applicable jurisdictional limits. Breachora LLC may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or unauthorized access to the Service.

Class Action Waiver

YOU AND BREACHORA LLC EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

All disputes must be brought in your individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. If this class action waiver is found unenforceable with respect to any dispute, then the entirety of the arbitration agreement shall be null and void as to that dispute, which shall proceed in court under the jurisdiction provisions below.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BREACHORA LLC EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER RESOLVED THROUGH ARBITRATION OR COURT PROCEEDINGS.

Arbitration Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@aquaatlas.app within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you are opting out of arbitration.

If you opt out, disputes will be resolved in court as described in the Jurisdiction & Venue section below. Opting out does not affect any other aspect of these Terms.

Jurisdiction & Venue

For any dispute not subject to binding arbitration, or if the arbitration agreement is found unenforceable, you and Breachora LLC agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the Commonwealth of Pennsylvania.

You waive any objection to venue or jurisdiction in such courts, including any objection based on forum non conveniens or inconvenient forum.

Severability

If any portion of this governing law or arbitration provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, except as specifically provided in the Class Action Waiver section above.

Continued use of AquaAtlas constitutes agreement to these governing law and arbitration provisions.