How you and Kalvri resolve disputes.

You and Kalvri agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by individual binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Employment Arbitration Rules, if you so elect and it is more appropriate to the dispute), as modified by this Agreement.

YOU AND KALVRI EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACT (PAGA) REPRESENTATIVE CLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. The arbitrator shall have no authority to consolidate more than one party’s claims or to preside over any form of representative proceeding. If this waiver is held unenforceable in any particular case, that particular case will proceed in court — but the rest of this Agreement remains in effect.

You can opt out of this arbitration agreement within 30 days of first creating your Kalvri account. To opt out, either:

• Click the “Opt out of arbitration”button in your account settings (Settings › Legal › Arbitration), OR
• Email arbitration-optout@kalvri.care with your full name, the email on your account, and the statement “I opt out of the Kalvri arbitration agreement.”

Opting out has no effect on the rest of the Terms. Kalvri will not retaliate, deactivate, or otherwise penalize an account for opting out.

Either party may bring an individual action in small claims court instead of arbitration, so long as it remains an individual action.

Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm (for example, an actual or threatened violation of intellectual property rights, unauthorized access, or misuse of confidential information). Seeking that relief does not waive the rest of this Agreement.

AAA fees are governed by AAA’s rules. For consumer disputes, Kalvri pays the AAA filing fee and arbitrator fees in excess of what would be the equivalent court filing fee, unless the arbitrator finds the claim frivolous. Arbitration takes place by video conference unless both parties agree otherwise; in-person hearings (when requested) occur in your home county.

This Agreement governs disputes between you and Kalvri. Disputes between a Pro and a Family are subject to whatever agreement they have between them. Kalvri strongly encourages both sides to include a similar arbitration clause in any direct contract they sign — but Kalvri is not a party to those contracts.

If any provision of this Agreement is found unenforceable, the remaining provisions stay in effect. The class action waiver in §2 is non-severable from the arbitration agreement in §1: if the waiver is found unenforceable as to a particular dispute, that dispute proceeds in court rather than in arbitration.

To initiate arbitration, follow AAA’s rules at adr.org and serve notice on Kalvri at legal@kalvri.care.