Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules (for individuals) or the AAA Commercial Arbitration Rules (for businesses), as applicable, except that either party may bring an individual claim in small claims court if eligible.

Arbitration will be conducted on an individual basis and, where permitted by the applicable rules, may be conducted by video conference, telephone, or written submissions. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve the individual claim.

You and Serus agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property, unauthorized access, fraud, or security-related harms.

Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules, and Serus will pay such fees where required by law.