Tutufy

TUTUFY

TUTUFY DISPUTE RESOLUTION AND LIABILITY LIMITATION PROVISIONS

These provisions are incorporated by reference into the Terms of Service and form a binding part of the agreement between you and Tutufy, Inc.

1. INFORMAL DISPUTE RESOLUTION

Before initiating any formal dispute resolution process, Users agree to attempt in good faith to resolve any dispute informally by contacting Tutufy at disputes@tutufy.com, providing a written description of the dispute, the relief sought, and relevant documentation. Tutufy will attempt to respond within fifteen (15) business days. This informal process is a condition precedent to any formal dispute resolution. Users must complete this step before proceeding to arbitration or litigation.

2. USER-TO-USER DISPUTE PROCESS

2.1 Tutufy's Limited Role

Tutufy may, in its sole discretion, provide a dispute mediation process for disputes between Senders and Travelers regarding Transactions. Tutufy's participation in any such process is voluntary and does not constitute an admission of responsibility. Any decision Tutufy makes in connection with a User-to-User dispute is made as a courtesy, is non-binding unless otherwise agreed, and does not waive any rights or create any liability on Tutufy's part.

2.2 Escrow Release Disputes

In the event of a dispute regarding escrow release, Tutufy's third-party payment processor may hold funds pending resolution. Tutufy does not control the payment processor's dispute resolution process and is not liable for the outcome of such process. Users agree to cooperate with all reasonable requests for documentation.

2.3 Tutufy's Non-Participation in User Disputes

Disputes between Users (including disputes regarding delivery, item condition, payment between Users, or any other matter arising between a Sender and a Traveler) are exclusively between those Users. Tutufy is not a party to such disputes and bears no responsibility for their resolution or outcome.

3. BINDING ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TUTUFY AND LIMITS YOUR ABILITY TO SEEK RELIEF IN COURT OR THROUGH CLASS ACTION.

3.1 Agreement to Arbitrate

Except as provided below, you and Tutufy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any Transaction (“Dispute”) will be resolved exclusively by binding arbitration on an individual basis, rather than in court.

3.2 Arbitration Rules and Procedures

Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time of the arbitration, which are available at www.adr.org. The arbitration will be conducted in Hennepin County, Minnesota, unless otherwise agreed. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

3.3 Class Action Waiver

YOU AND TUTUFY WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL BE VOID.

3.4 Exceptions to Arbitration

The following disputes are not subject to arbitration and may be brought in court:
  • (a) claims within the jurisdictional limit of small claims court;
  • (b) claims seeking injunctive or other equitable relief to protect intellectual property rights; and
  • (c) claims that applicable law expressly requires to be resolved in court.

3.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to Tutufy at legal@tutufy.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name and account information. If you opt out, both you and Tutufy retain the right to pursue disputes in court.

4. LIMITATION OF LIABILITY

4.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUTUFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; COST OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF TUTUFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.2 Cap on Liability

To the maximum extent permitted by applicable law, Tutufy’s total aggregate liability to any User for any and all claims arising out of or related to these Terms or the Platform shall not exceed the greater of: (a) the total platform fees paid by that User to Tutufy in the twelve (12) months preceding the claim; or (b) One Hundred United States Dollars (USD $100.00).

4.3 Essential Basis of the Bargain

The limitations of liability in this Section reflect a reasonable allocation of risk between Tutufy and Users and are an essential element of the basis of the bargain between Tutufy and Users. Tutufy would not provide access to the Platform without these limitations. These limitations apply notwithstanding the failure of any essential purpose of any limited remedy.

4.4 Specific Liability Exclusions

Without limiting the foregoing, Tutufy is not liable for:
  • Any item that is lost, damaged, delayed, seized, or not delivered, regardless of cause;
  • Any customs violations, fines, penalties, or seizures arising from any Transaction;
  • Any criminal liability incurred by any User in connection with any Transaction;
  • Any financial loss arising from fraudulent or dishonest conduct by any User;
  • Any physical injury, property damage, or harm arising from any Transaction or interaction between Users;
  • Any failure or error of the escrow payment system or payment processors;
  • Any inaccuracy in User representations, Listings, or identity verifications;
  • Any regulatory action taken against any User in any jurisdiction;
  • Any consequences of airline regulation violations by any User;
  • Any dispute between Users that Tutufy attempts to mediate or resolve.

4.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Tutufy’s liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits Tutufy’s liability for: death or personal injury caused by Tutufy’s gross negligence; fraud or fraudulent misrepresentation by Tutufy; or any other liability that cannot be excluded by law.

5. GOVERNING LAW AND VENUE

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to conflict-of-law principles. To the extent that any Dispute is not subject to arbitration under Section 3, you and Tutufy consent to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, and waive any objection to venue or jurisdiction.

6. STATUTE OF LIMITATIONS

To the maximum extent permitted by law, any claim arising out of or relating to the Platform or these Terms must be filed within one (1) year of the date on which the claiming party knew or reasonably should have known of the facts giving rise to the claim. Claims not filed within this period are permanently barred. This limitation applies regardless of the form of action and regardless of any longer statute of limitations that may otherwise apply.

7. INDEMNIFICATION — INCORPORATION

The indemnification provisions set forth in Section 13 of the Terms of Service are incorporated herein by reference and form part of these Dispute Resolution and Liability Limitation Provisions.

8. SEVERABILITY

If any provision of these Dispute Resolution and Liability Limitation Provisions is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, severed from these provisions.