Legal
Mandatory Arbitration Agreement
Operator: AtomEons, LLC · Effective: April 29, 2026 · Last updated: April 29, 2026 · This agreement is incorporated into and forms part of the Platform's Terms of Service.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE WITH ATOMEEONS, INC. YOU HAVE THE RIGHT TO OPT OUT WITHIN 30 DAYS OF FIRST CREATING YOUR ACCOUNT (SEE SECTION 7 BELOW).
This Mandatory Arbitration Agreement ("Agreement") is between you and AtomEons, LLC. ("AtomEons," "Company"). It governs the resolution of any dispute, claim, or controversy between you and AtomEons arising from or relating to the skil.ski platform, any services offered thereon, your subscription, any Skilski license, or these Terms of Service (collectively, "Disputes").
1. Class Action Waiver
YOU AND ATOMEEONS EACH EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND.
THIS WAIVER EXPRESSLY AND SPECIFICALLY WAIVES ANY RIGHT UNDER: CALIFORNIA CODE OF CIVIL PROCEDURE § 382; FEDERAL RULE OF CIVIL PROCEDURE 23; THE PRIVATE ATTORNEYS GENERAL ACT (CAL. LAB. CODE § 2698 ET SEQ.) TO THE EXTENT PERMITTED BY APPLICABLE LAW; AND ANY ANALOGOUS STATUTE, RULE, OR LEGAL DOCTRINE IN ANY JURISDICTION.
ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. IF A COURT OF COMPETENT JURISDICTION FINDS THIS CLASS ACTION WAIVER UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT IN THIS DOCUMENT SHALL BE NULL AND VOID, AND THE DISPUTE SHALL BE RESOLVED IN COURT ON AN INDIVIDUAL BASIS.
2. Informal Resolution (Condition Precedent)
Before initiating any formal dispute proceeding (arbitration or litigation), the party asserting a Dispute must first provide written notice to the other party describing in reasonable detail: (a) the nature of the Dispute; (b) the specific relief sought; and (c) contact information. Notices to AtomEons must be sent to legal@skil.ski. Notices to you will be sent to the email address on file for your account.
The parties shall engage in good-faith efforts to resolve the Dispute informally for a period of 30 days from receipt of the written notice ("Informal Resolution Period"). This 30-day period is a condition precedent to initiating arbitration or any other formal proceeding. If the Dispute is not resolved within the Informal Resolution Period, either party may proceed to the next step below.
3. Mediation (Optional Intermediate Step)
If the Dispute is not resolved informally, the parties may (but are not required to) engage in mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. The cost of mediation shall be shared equally unless otherwise agreed. Participation in mediation does not waive either party's right to proceed to arbitration.
4. Binding Arbitration
If the Dispute is not resolved through informal resolution (or mediation, if attempted), the Dispute shall be resolved through final and binding arbitration under the following terms:
4.1 Administering Body and Rules
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules ("AAA Commercial Rules"), as in effect at the time the arbitration is initiated, including the AAA's Supplementary Procedures for Consumer-Related Disputes (where applicable) and the Optional Appellate Arbitration Rules (where applicable). The AAA Commercial Rules are available at adr.org.
4.2 Arbitrator
Arbitration shall be conducted by a single neutral arbitrator with expertise in commercial disputes and, to the extent applicable, software licensing or AI technology. The arbitrator shall be selected per the AAA Commercial Rules. The arbitrator shall have exclusive authority to resolve all threshold questions of arbitrability, including whether a Dispute is subject to arbitration under this Agreement, and shall have authority to award any individual remedy or relief.
4.3 Seat and Language
The seat of arbitration shall be Miami, Florida, United States. Proceedings shall be conducted in the English language. The arbitration may be conducted via videoconference or telephone where permitted by the AAA Commercial Rules and the arbitrator determines it is appropriate.
4.4 Costs
AAA filing fees, administrative fees, and arbitrator compensation shall be allocated per the AAA Commercial Rules. For Disputes where you seek $75,000 or less, AtomEons will pay all such fees unless the arbitrator determines your claim is frivolous. Each party shall bear its own attorneys' fees, except that the arbitrator may award attorneys' fees to the prevailing party if the arbitrator determines that a claim or defense was asserted in bad faith or without reasonable basis.
4.5 Award; Confidentiality
The arbitrator's award shall be in writing and shall state the essential findings of fact and conclusions of law. The award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction. Arbitration proceedings and all related documents shall be treated as confidential by the parties.
5. Jury Trial Waiver
BY AGREEING TO THIS ARBITRATION AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND ATOMEEONS WAIVE YOUR RESPECTIVE RIGHTS TO HAVE DISPUTES HEARD BEFORE A COURT OF LAW AND TO HAVE SUCH DISPUTES DECIDED BY A JURY. IF THIS WAIVER IS FOUND UNENFORCEABLE, ANY COURT ACTION SHALL BE DECIDED BY A JUDGE, NOT A JURY.
6. Carve-Outs
6.1 Small Claims
Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction, provided the claim qualifies for small claims court in that jurisdiction and the aggregate amount claimed does not exceed $10,000. Any such claim must be brought on an individual (non-class, non-representative) basis only. If a small claims court action is filed and the opposing party contests jurisdiction or otherwise seeks to transfer or consolidate the matter, the dispute shall proceed to arbitration per this Agreement.
6.2 Injunctive and Equitable Relief
Nothing in this Agreement prevents either party from seeking emergency or preliminary injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including to: (a) protect intellectual property rights; (b) address actual or threatened breach of confidentiality obligations; (c) prevent unauthorized access to, use of, or interference with the Platform; or (d) enforce the terms of this Agreement pending the outcome of arbitration. The courts of the State of Florida and the United States Southern District of Florida shall have exclusive jurisdiction for such equitable relief.
7. Opt-Out Right
YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. TO OPT OUT, YOU MUST SEND WRITTEN NOTICE TO legal@skil.ski WITH THE SUBJECT LINE "ARBITRATION OPT-OUT" WITHIN 30 DAYS OF THE DATE YOU FIRST CREATE A SKIL.SKI ACCOUNT. YOUR NOTICE MUST INCLUDE YOUR FULL NAME, EMAIL ADDRESS, AND A STATEMENT THAT YOU ARE OPTING OUT OF ARBITRATION.
IF YOU OPT OUT, DISPUTES WILL BE RESOLVED IN THE COURTS OF DELAWARE AS DESCRIBED IN THE TERMS OF SERVICE. OPTING OUT DOES NOT AFFECT ANY OTHER RIGHTS OR OBLIGATIONS UNDER THE TERMS OF SERVICE, INCLUDING YOUR OBLIGATION TO PAY FEES.
The opt-out right applies only to arbitration; the class action waiver in Section 1 of this Agreement survives any opt-out and remains in effect regardless of whether you opt out of arbitration.
8. Survival
This Agreement survives termination of your account, cancellation of any subscription, and termination of the Platform's Terms of Service for any reason. Any Dispute arising prior to the effective date of termination remains subject to this Agreement.
9. Severability
If any provision of this Agreement (other than the class action waiver in Section 1) is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue in full force and effect. If the class action waiver in Section 1 is found invalid or unenforceable, this entire Agreement shall be null and void.
10. Governing Law
This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), to the fullest extent applicable. Where the FAA does not apply, this Agreement is governed by the laws of the State of Florida. The parties agree that the FAA governs the arbitrability of all Disputes.
Questions: legal@skil.ski. This agreement is part of the Terms of Service. Effective: April 29, 2026. AtomEons, LLC. Not legal advice.