Dispute Resolution
Last updated: January 30, 2025
Effective Date: January 30, 2025
This Dispute Resolution Policy outlines the process for resolving disputes between you and TechSci, Inc. (operating the Afilo platform) regarding our services, billing, or any other matter arising from your use of the Afilo platform.
Step 1: Contact Customer Support (Required First Step)
Before initiating formal dispute resolution, you MUST contact our support team to resolve the issue informally.
Contact Methods:
- Email: disputes@techsci.io
- Phone: +1 302 415 3171 (Mon-Fri, 9am-6pm ET)
- Live Chat: Available at app.afilo.io (Mon-Fri, 9am-6pm ET)
Response Timeline:
- Initial Response: Within 2 business days
- Resolution Attempt: We will make good-faith efforts to resolve disputes within 15 business days
- Status Updates: Regular updates provided throughout investigation
Include in Your Initial Contact:
- Your name and account email address
- Detailed description of the dispute
- Relevant dates, transaction IDs, or invoice numbers
- Supporting documentation (emails, screenshots, etc.)
- Your desired resolution
Step 2: Formal Dispute Submission
If informal resolution fails or you are not satisfied with the response, you may submit a formal written dispute.
Submission Process:
- Send Written Notice to: legal@techsci.io
Subject Line: "Formal Dispute - [Your Account Email]" - Include All Required Information:
- Full legal name and contact information (address, phone, email)
- Account email associated with your Afilo subscription
- Detailed description of the dispute (include timeline of events)
- All relevant documentation and evidence
- Previous support ticket numbers from Step 1
- Specific remedy or resolution you are seeking
- Dollar amount in dispute (if applicable)
- Acknowledgment: We will acknowledge receipt within 3 business days
- Investigation: We will investigate and respond with a proposed resolution within 30 days
Important Notice:
Your formal dispute submission preserves your right to proceed to mediation or arbitration if we cannot reach a resolution. Keep copies of all correspondence.
Step 3: Mediation (Optional, Non-Binding)
If formal escalation does not resolve the dispute, either party may request voluntary mediationbefore proceeding to arbitration.
Mediation Terms:
- Mediation Provider: American Arbitration Association (AAA) or JAMS
- Location: Conducted virtually via video conference or in Dover, Delaware
- Cost Sharing:
- Each party bears their own legal fees and costs
- Mediator fees split 50/50 between parties
- Timeline: Mediation must be completed within 60 days of request
- Non-Binding: Mediation is non-binding; either party may proceed to arbitration if unsuccessful
- Confidentiality: All mediation communications are confidential and inadmissible in arbitration
⚖️Step 4: Binding Arbitration (MANDATORY)
MANDATORY ARBITRATION CLAUSE
ANY DISPUTES THAT CANNOT BE RESOLVED THROUGH INFORMAL RESOLUTION, FORMAL ESCALATION, OR MEDIATION SHALL BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT. YOU AND AFILO AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration Rules & Procedures:
Arbitration Provider: American Arbitration Association (AAA) under itsCommercial Arbitration Rules
Location: Dover, Delaware, United States (Afilo headquarters jurisdiction) or virtual/remote arbitration
Governing Law: This agreement and arbitration are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles, and the Federal Arbitration Act (FAA).
Number of Arbitrators: One (1) neutral arbitrator mutually agreed upon by both parties, or appointed by AAA if parties cannot agree
Language: All proceedings conducted in English
Discovery: Limited discovery as determined by the arbitrator (typically document exchange and depositions of key witnesses)
Hearing: In-person or virtual hearing at arbitrator's discretion
Decision Timeline: Arbitrator must issue written decision within 30 days of hearing conclusion
Arbitrator's Decision: The arbitrator's decision is FINAL and BINDING on both parties and may be entered as a judgment in any court of competent jurisdiction
Cost Allocation:
- Filing Fees: Initial AAA filing fees paid by the party initiating arbitration
- Arbitrator Fees: Split equally between parties unless arbitrator rules otherwise
- Legal Fees: Each party bears their own attorney fees and legal costs
- Exception: Arbitrator may award attorney fees and costs to the prevailing party if:
- Claim is found to be frivolous or in bad faith
- Applicable law provides for fee shifting
- Contract terms allow for fee recovery
Scope of Arbitration:
The following disputes MUST be resolved through arbitration:
- Contract disputes related to Terms of Service or this Dispute Resolution Policy
- Billing and payment disputes (except small claims court eligible amounts)
- Service quality, performance, or availability disputes
- Data privacy or security breach claims
- Intellectual property disputes (trademark, copyright)
- Any other claims arising from your use of Afilo services
🚫Class Action Waiver (IMPORTANT)
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
YOU AND AFILO 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 OR REPRESENTATIVE PROCEEDING.
This means you cannot participate in a class action lawsuit or class-wide arbitration against Afilo. All disputes must be brought individually.
Specific Terms:
- No Class Actions: You waive your right to participate in any class action lawsuit against Afilo
- No Class Arbitrations: The arbitrator may not consolidate more than one person's claims
- No Representative Actions: You may not bring claims on behalf of other users or the general public
- No Joinder: Multiple users cannot join their individual claims into a single arbitration
- Individual Relief Only: The arbitrator may award relief only to the individual party seeking relief
Opt-Out Right:
You may opt out of this arbitration agreement and class action waiver:
- Deadline: Within 30 days of creating your Afilo account or accepting updated terms
- Method: Send written notice via email to optout@techsci.io
- Required Information:
- Your full name and account email
- Statement: "I opt out of the arbitration agreement and class action waiver"
- Date of account creation
- Effect of Opt-Out: If you opt out, you may pursue claims in court (subject to applicable jurisdiction and venue rules), but you still waive the right to participate in class actions
Small Claims Court Exception
Notwithstanding the mandatory arbitration clause, either party may bring an individual action in small claims court if the claim qualifies under small claims court rules.
Small Claims Eligibility:
- Amount in Controversy: Must be within small claims court jurisdictional limits (typically $5,000-$10,000 depending on state)
- Jurisdiction: Small claims court in Sussex County, Delaware OR your county of residence
- Individual Claims Only: Must be individual claim, not class or representative action
- Appeal Rights: Either party may remove case to arbitration on appeal
Injunctive Relief and Intellectual Property
Nothing in this Dispute Resolution Policy prevents either party from seeking injunctive or equitable reliefin court to protect:
- Intellectual Property Rights: Trademarks, copyrights, patents, trade secrets
- Confidential Information: Proprietary business information, customer data
- Unauthorized Access: Security breaches, hacking attempts
- Irreparable Harm: Situations where monetary damages are inadequate
Such actions may be brought in state or federal courts in Delaware or where the party seeking relief is located.
Billing and Payment Disputes
Chargeback Prevention:
⚠️ IMPORTANT: Contact us BEFORE filing a chargeback
If you dispute a charge with your bank or credit card company before contacting us, your account will be immediately suspended pending investigation. Chargebacks may result in:
- Permanent account termination
- $25 chargeback processing fee
- Reporting to fraud prevention databases
- Legal action to recover amounts owed
Proper Billing Dispute Process:
- Contact billing@techsci.io with:
- Invoice number and transaction date
- Description of disputed charge
- Evidence of error (duplicate charge, incorrect amount, unauthorized transaction)
- We will investigate within 5 business days
- Legitimate billing errors corrected within 7 business days with refund issued
- If dispute unresolved, follow Steps 1-4 of this Dispute Resolution Policy
Data Privacy and Security Disputes
For disputes related to data privacy, security, or your rights under our Privacy Policy:
- Data Deletion Requests: Contact privacy@techsci.io
- Data Breach Claims: Follow Security Incident Response procedures, then this Dispute Resolution Policy
- Data Accuracy: Request corrections via support@techsci.io
- HIPAA Violations: Contact hipaa@techsci.io immediately
Statute of Limitations
Any claim must be brought within ONE (1) YEAR of the date when the event giving rise to the dispute occurred.
Claims not brought within this one-year timeframe are permanently barred and may not be pursued in arbitration, mediation, or court.
This limitation period begins when you knew or reasonably should have known about the facts giving rise to the claim.
Severability
If any provision of this Dispute Resolution Policy is found to be unenforceable or invalid by a court or arbitrator, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
Exception: If the class action waiver is found unenforceable, the entire arbitration agreement shall be void, and disputes will be resolved in court.
Changes to This Policy
We may update this Dispute Resolution Policy from time to time to reflect changes in law or our procedures.
Material changes will be notified via email to your account address with 30 days' notice.
Continued use of Afilo services after changes take effect constitutes acceptance of the updated policy.
Your opt-out right (for arbitration and class action waiver) applies to any material changes that expand our rights or limit yours. You have 30 days from notification to opt out of changes.
Contact Information
General Disputes:
Email: disputes@techsci.io
Phone: +1 302 415 3171
Legal/Arbitration Notices:
Email: legal@techsci.io
Mailing Address:
TechSci, Inc. - Legal Department
1111B S Governors Ave STE 34002
Dover, DE 19904, United States
Opt-Out (Arbitration/Class Action Waiver):
Email: optout@techsci.io