Dispute Resolution & Arbitration

1. Binding Arbitration

YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SERVICE PROVIDED THROUGH THE PLATFORM SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, except for disputes that qualify for small claims court in your jurisdiction.

This arbitration agreement is governed by the Federal Arbitration Act (where applicable) and the applicable arbitration laws of the Province of Ontario, Canada. By agreeing to arbitration, you are waiving your right to a jury trial and your right to participate in a class action.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or to address a breach of confidentiality obligations.

2. Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING.

All disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You may not consolidate claims with other users or bring claims on behalf of other users.

3. Informal Resolution

3.1 Mandatory Pre-Arbitration Process

Before initiating arbitration, you must first attempt to resolve the dispute informally by contacting us at support@remote-works.io with a detailed description of your claim, including:

• Your name and account information
• A description of the dispute and the date it arose
• The specific relief you are seeking
• Any supporting documentation

3.2 Resolution Period

We will have sixty (60) calendar days from receipt of your notice to attempt to resolve the dispute informally. During this period, both parties agree to negotiate in good faith. If the dispute cannot be resolved within the 60-day period, either party may proceed to arbitration.

3.3 Platform Disputes

For disputes between users (e.g., between a candidate and an agent, or between an employer and a freelancer), Remote-Works may, at its sole discretion, offer mediation services. However, we are under no obligation to mediate user-to-user disputes and shall not be liable for the outcome of any such dispute.

4. Arbitration Rules & Procedures

4.1 Arbitration Body

Arbitration shall be conducted in accordance with the rules of the ADR Institute of Canada (ADRIC) or, for users outside Canada, a mutually agreed-upon arbitration body with equivalent standing. If the parties cannot agree on an arbitration body, ADRIC rules shall apply by default.

4.2 Arbitration Location

Arbitration shall take place in Toronto, Ontario, Canada, unless the parties mutually agree to a different location or to virtual/telephonic proceedings.

4.3 Arbitrator Authority

The arbitrator shall have the authority to grant any remedy that would be available in court, except that the arbitrator may not award punitive or exemplary damages except as required by statute. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

4.4 Costs

Each party shall bear its own costs and attorneys' fees in arbitration, unless the arbitrator determines that a claim was frivolous or brought in bad faith, in which case the arbitrator may award costs and fees to the prevailing party.

5. Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. Otherwise, such cause of action is permanently barred. This limitation applies regardless of the underlying legal theory, to the extent permitted by applicable law.

6. Governing Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of Ontario, Canada.

You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue, including on the basis of inconvenient forum.