Terms and Conditions
1. INTRODUCTION
By accessing or using Sosha's Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips. It is crucial that you carefully read this Agreement and these policies and procedures before you create an account.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. These provisions govern how disputes will be resolved between you and Sosha, including a mandatory pre-arbitration informal dispute resolution process (except for individual claims of sexual assault or sexual harassment in connection with your use of the Services), an arbitration agreement, small claims court election, class action waiver, additional procedures for mass arbitration filings, and a jury trial waiver, all of which may affect your legal rights. In arbitration, there is typically less discovery and appellate review than in court.
We may update these Terms from time to time, so check this page regularly for updates.
Welcome to Sosha.
For residents of any other country, these Terms of Use apply between you and:
Sosha LLC (“Sosha”) 548 Market Street San Francisco, CA 94104
The terms “us”, “we”, “Company”, and/or “Sosha” refer to Sosha LLC, depending on your country of residence. Together, you and Sosha may be referred to as the “Parties” or separately as the “Party”.
By accessing or using our Services on Soshaapp.com (the "Website"), the Sosha mobile application (the "App"), or any other platforms or services Sosha may offer (collectively, the "Service" or "Services"), you agree to, and are bound by, this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services are also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, as well as any terms disclosed and agreed to by you when you purchase additional features, products, or services from Sosha (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
Modification of Terms:
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 14 and the Dispute Resolution provisions in Section 15 below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on Sosha, ensure that you meet the eligibility criteria to use our Services. This section also outlines what you can and cannot do when using our Services, as well as the rights you grant Sosha.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
Individual Status: You are an individual (i.e., not a corporation, partnership, or other business entity), and you are at least 18 years old.
Legal Definition: The term "individual" refers to a natural person, distinct from legal entities like corporations or limited liability companies (LLCs).
You are legally qualified to enter a binding contract with Sosha.
You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country.
You are not on any list of individuals prohibited from conducting business with the United States (e.g., Specially Designated Nationals).
You are not prohibited by law from using our Services.
You have not committed, been convicted of, or pled no contest to a felony, sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and Sosha has determined you are not a threat to other users.
Legal Definition: "Felony" refers to a serious criminal offense punishable by imprisonment for over one year
You are not required to register as a sex offender with any state, federal, or local sex offender registry.
You do not have more than one account on our Services.
You have not previously been removed from our Services or any affiliates’ services unless you have received express written permission to create a new account.
If at any time you no longer meet these requirements, all authorization to access our Services is automatically revoked, and you must immediately delete your account. We retain the right to remove your access to our Services without warning.
Your Responsibilities:
You agree to:
Comply with these Terms, and regularly review them for updates.
Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, and anti-spam laws.
Use the latest version of the Website and/or App.
Review the Safety Tips provided by Sosha.
Review and comply with the Community Guidelines, which may be updated from time to time.
Take reasonable measures to protect the security of your login information.Review the Safety Tips provided by Sosha.
Prohibited Conduct:
You agree that you will not:
Misrepresent your identity, age, or affiliations with any person or entity.
Use the Services in a way that damages the Services or prevents other users from utilizing them.
Engage in harmful or illegal activities, including using virtual items for illegal purposes such as money laundering.
Harass, bully, or intimidate other users.
Upload or share Prohibited Content (as defined below).
Use another user's account or engage in any fraudulent activities.
Prohibited Content:
Sosha prohibits uploading or sharing content that:
Is offensive, abusive, obscene, or contains nudity or violence.
Is discriminatory, promotes hatred, or incites illegal activities.
Promotes self-harm or dangerous challenges.
Contains viruses, malware, or other harmful code.
Infringes upon intellectual property rights or privacy rights.
Involves solicitation for money, sex work, or fraudulent schemes.
3. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Sosha enforces a stringent policy prohibiting inappropriate content and misconduct on its platform.
Sosha is committed to maintaining a safe, respectful, and professional environment for its users. Accordingly, any form of inappropriate content or misconduct, whether on or off the platform, including within services operated by its affiliates, is strictly prohibited. Users are strongly encouraged to report any instances of such content or misconduct. Users may report violations through the "Report User" feature on a user's profile or within the messaging interface. Additionally, users may seek assistance by contacting Sosha’s Customer Support.
Pursuant to Sosha's Privacy Policy, data may be shared among Sosha’s affiliates for the purposes of ensuring the safety and security of users. For further information, users should consult the Safety page. Sosha may also restrict the ability of a user to create new accounts on the platform. You acknowledge that Sosha has the right to withhold information regarding your account in situations where the disclosure of such information would jeopardize the safety or privacy of other users.
Content uploaded by users is governed by the provisions of the Digital Millennium Copyright Act (DMCA), as set forth in Sections 512(c) and/or 512(d) of the Act. Should you believe that any Member Content infringes upon your intellectual property rights, please consult Section 12 (Digital Millennium Copyright Act) for instructions.
4. PRIVACY
Sosha is committed to the protection and privacy of user data. For a comprehensive understanding of how Sosha and its affiliates collect, process, and disclose personal information, users should refer to Sosha’s Privacy Policy. By utilizing Sosha’s services, users consent to the collection and processing of their personal data in accordance with the terms set forth in the Privacy Policy.
5. LICENSE GRANTED TO YOU BY SOSHA
Subject to compliance with the terms and conditions of this Agreement, Sosha hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal, and worldwide license to access and use the services provided by Sosha in accordance with their intended purpose, and in compliance with all applicable laws. This license is revocable at Sosha’s sole discretion should you fail to adhere to the terms herein.
6. LICENSE GRANTED BY YOU TO SOSHA
You retain ownership of all content you submit or upload to Sosha (“Your Content”). However, by creating an account with Sosha, you grant Sosha an irrevocable, worldwide, perpetual, transferable, sub-licensable, royalty-free license to host, store, display, reproduce, adapt, modify, translate, reformat, distribute, and otherwise use Your Content, in whole or in part, in any manner and through any medium now known or hereafter devised. This includes, but is not limited to, any data or content that Sosha is authorized to access from third-party platforms.
Sosha's right to Your Content extends to the creation of derivative works. For instance, Sosha has exclusive rights to any derivative works that include Your Content, including screenshots. Furthermore, you authorize Sosha to act on your behalf in matters concerning alleged infringements of Your Content by third parties, including submitting takedown notices pursuant to the Digital Millennium Copyright Act (DMCA). While Sosha is not obligated to act on such claims, it may, at its discretion, take appropriate measures to address such issues.
By providing feedback, suggestions, or other input (“Feedback”) to Sosha, you grant Sosha the irrevocable right to use and share such Feedback without compensation, recognition, or acknowledgment. Sosha may utilize this Feedback for any purpose, including but not limited to product improvements and business development.
Additionally, you acknowledge and agree that Sosha and its affiliates, as well as third-party partners, may display advertisements within the services, and you grant Sosha the right to include such advertising as part of the user experience. You further consent to the collection and use of non-personally identifiable information for the purposes of such advertising.
Sosha reserves the right to access, preserve, and disclose your account information, including Your Content, if required by law or if Sosha believes in good faith that such access or disclosure is necessary to comply with legal obligations, enforce the terms of this Agreement, respond to third-party claims, provide customer support, or protect the rights, property, or safety of Sosha, its users, or others.
7. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
Sosha offers various products and services for purchase, including but not limited to subscriptions. Subscriptions are subject to automatic renewal and are charged until canceled in accordance with the terms disclosed at the time of purchase.
Users may make purchases through third-party services such as iTunes, App Store, Google Play, or other external platforms ("External Service Purchases") or directly through Sosha’s platform via credit card or payment processors ("Internal Purchases"). Subscriptions will automatically renew unless the user cancels the subscription as per the terms outlined at the time of purchase.
Sosha reserves the right to modify prices, limit the availability of certain products or services, or cancel promotions or offers at any time and without notice. Subscription renewals will be charged at the prevailing price unless the user cancels the subscription.
8. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
External Service Purchases, including subscriptions, are processed through the respective external service accounts (e.g., Apple ID, Google Play). These purchases are governed by the terms of the respective external service. Should the user subscribe through an external service, cancellation must be effectuated via the account management system of that external service.
For example, to cancel a subscription via Apple ID, users should navigate to Settings > iTunes & App Store > [Your Apple ID] > View Apple ID > Purchase History, and select the appropriate option to report the issue. The procedure is similar for Google Play.
Sosha reserves the right to suspend or terminate your account if you initiate a chargeback or otherwise reverse a payment made via an external service.
9. INTERNAL PURCHASES AND SUBSCRIPTIONS
Internal Purchases, including subscriptions, are processed directly through the payment method associated with your Sosha account. Subscriptions will automatically renew until canceled by the user.
By subscribing to Sosha’s services, you agree to pay all applicable fees and charges as disclosed at the time of the subscription. You authorize Sosha to charge your provided payment method for these amounts. Sosha reserves the right to correct any billing errors and to modify its pricing structure at its sole discretion.
If a payment fails, you remain responsible for any uncollected amounts. Sosha reserves the right to continue charging your payment method for outstanding amounts and to suspend or restrict access to services until the balance is settled.
To cancel a subscription, you must access the "Account" section on the Sosha app or website. Cancellations will be effective at the end of the current subscription period.
10. VIRTUAL ITEMS
Virtual items purchased on Sosha are non-refundable and are subject to specific limitations. These items represent a limited license, and ownership of such virtual items does not transfer to the user. Sosha reserves the right to regulate, modify, or eliminate virtual items at its sole discretion.
All purchases of virtual items are final and non-refundable. Virtual items cannot be transferred or sold, and may only be redeemed within the Sosha platform.
11. REFUNDS
In general, all purchases are final and non-refundable, except where required by applicable law. Special refund provisions apply in certain jurisdictions:
U.S. States: Users may cancel subscriptions within three business days from the subscription date without penalty.
Refunds for External Service Purchases (e.g., Apple ID, Google Play) must be requested through the respective third-party services. For Internal Purchases, users may contact Sosha’s Customer Service for further assistance.
ACCOUNT TERMINATION
You may terminate your account at any time by logging into the App, navigating to "Settings," selecting "Delete Account," and following the provided instructions. However, you must cancel/manage any third-party service purchases (e.g., iTunes, App Store, Google Play) to prevent additional charges.
Sosha reserves the right to suspend or terminate your account without notice or refund if it determines you have violated these Terms, engaged in misuse, or exhibited inappropriate or unlawful behavior, whether on or off the platform. This includes, but is not limited to, utilizing any available means to enforce these Terms.
Upon termination, whether initiated by you or by Sosha, these Terms remain enforceable, and you are not entitled to any refund for prior purchases. Your personal data will be retained or deleted in accordance with our Privacy Policy.
12. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION
Sosha does not conduct criminal background or identity verification checks on users. While we strive to foster a respectful environment, we are not responsible for users' conduct on or off the platform. You are solely responsible for exercising caution when interacting with other users and for following safety guidelines.
By using the platform, you acknowledge that Sosha does not investigate users' backgrounds and does not represent or warrant the conduct, identity, intentions, or veracity of other users. You agree that Sosha may, at its discretion, conduct background checks, including criminal or sex offender registry searches, using public records.
You remain solely responsible for any interactions with other users and acknowledge that Sosha is not a substitute for exercising prudent safety measures.
13. DISCLAIMER OF WARRANTIES
Sosha provides its services "as is" and "as available" and makes no representations or warranties regarding the accuracy, reliability, or suitability of the services or user content. We do not guarantee uninterrupted, secure, or error-free operation, nor do we promise that defects or errors will be corrected.
Sosha is not liable for any damage to your devices, data, or other equipment caused by security breaches, viruses, or other technical disruptions.
14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE
Sosha adheres to the Digital Millennium Copyright Act ("DMCA") and will promptly respond to any valid DMCA takedown notices. If you believe that any user or Sosha content infringes upon your intellectual property, you must submit a notice that includes:
An authorized physical or electronic signature of the copyright owner;
Identification of the copyrighted work(s);
Identification of the infringing material and its location on the platform;
Contact information (email, phone);
A statement of good faith belief that the use is not authorized by the copyright owner;
A declaration that the information provided is accurate and under penalty of perjury.
Notices should be sent to support@soshaapp.com. Repeat infringers may have their accounts terminated.
ADS AND THIRD-PARTY CONTENT
You may encounter advertisements and third-party promotions while using our Services. Sosha neither endorses nor assumes responsibility or liability for your interactions with third-party products or services.
Our Services may contain advertisements and promotions provided by third parties, as well as links to external websites or resources. Additionally, our Services may offer you the option to view advertisements in exchange for Virtual Items. However, Sosha does not guarantee that such advertisements will always be available, nor that you will consistently be eligible to view them. Sosha may also provide non-commercial references or links to third-party content within the Services. Sosha disclaims all responsibility for the availability or content of external websites or resources, and does not endorse any products or services offered through third-party websites. Any interactions you engage in with third parties accessed via the Services are governed by the terms and conditions of those third parties. Sosha shall not be liable for or bound by such third-party actions or terms.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Sosha's liability is limited.
In no event shall Sosha, including its affiliates, employees, licensors, or service providers, be liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including but not limited to loss of profits, whether direct or indirect, or any loss of data, use, goodwill, or other intangible losses, arising from: (i) your access to or inability to use the services; (ii) the conduct or content of other users or third parties on or through our services; or (iii) any unauthorized access, use, or alteration of your content, even if Sosha has been advised of the possibility of such damages. To the maximum extent permitted by law, Sosha's aggregate liability for all claims relating to the services shall not exceed the greater of (a) $100 USD or (b) the amount you paid Sosha for the services in the twenty-four (24) month period immediately preceding the filing of any claim against Sosha. This limitation applies regardless of the legal basis of the claim, whether arising from contract, tort, statute, or otherwise.
The limitation of liability shall apply even if your remedies under this agreement fail their essential purpose.
Certain jurisdictions may not permit the limitation of certain damages, and as such, the limitations described herein may not apply to you.
DISPUTE RESOLUTION
In the event of a dispute, the Parties agree to proceed as follows, except where prohibited by applicable law.
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services, you are required to contact Sosha Customer Service first in an attempt to resolve your concerns informally. If the dispute is not resolved through informal means, the terms outlined hereunder will govern the process for pursuing claims. For the purposes of this Dispute Resolution Process and Arbitration Procedures, the term "Sosha" includes its affiliates, employees, licensors, and service providers.
Sosha is committed to maintaining a positive relationship with you and resolving disputes amicably whenever possible. "Dispute" refers to any claim, controversy, or disagreement between you and Sosha arising from or relating to this Agreement, the Services, or the relationship between the Parties. A "Dispute" encompasses claims that arose prior to this Agreement, during its term, or after its termination unless superseded by a subsequent Agreement.
If you have a Dispute with Sosha ("Your Dispute"), you agree to first send a detailed written notice ("Notice") to United States Corporation Agents, Inc., 500 N. Brand Blvd., Glendale, CA 91203. However, if Your Dispute involves claims of sexual assault or sexual harassment occurring in connection with the use of the Services, you are not required to send a Notice prior to initiating such claims, as per Section 17.
In the case of a Dispute initiated by Sosha ("Sosha’s Dispute"), Sosha agrees to send a Notice to the most recent email address on file, or if none is available, to other contact information associated with your account. The Notice must contain the following details: (1) your full name; (2) information identifying your account, such as a screenshot or profile image, address, phone number, email, and date of birth; and (3) a thorough description of the Dispute, including the nature of the claim and the relief sought, along with a calculation of any alleged damages. The Notice must be signed for it to be valid.
Upon receipt of the Notices, both Parties agree to negotiate in good faith with the objective of resolving the Dispute. This negotiation process may include telephonic conferences, where both Parties will agree to participate, including their legal representatives if applicable. (Sosha’s termination of your account, as stated in Section 4, is not considered a Dispute under these procedures.)
If the Dispute remains unresolved within 60 days after receipt of the fully completed Notice (or within a mutually agreed extension period), either Party may initiate formal arbitration proceedings.
Engaging in this informal dispute resolution process is a condition precedent to filing for arbitration or small claims court, unless the Dispute involves claims of sexual assault or harassment. Failure to adhere to this process constitutes a breach of the Agreement. The statute of limitations and any filing deadlines are suspended while the Parties engage in informal dispute resolution. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept any arbitration demand without certification that the informal dispute resolution process was satisfied.
All offers, promises, and statements made during the informal dispute resolution process shall remain confidential and are inadmissible in subsequent legal proceedings, except as necessary to certify compliance with this process prior to initiating arbitration.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
To the fullest extent allowed by applicable law, you and Sosha hereby expressly waive the right to a jury trial and agree that all disputes will be resolved exclusively through binding individual arbitration (except for claims brought in small claims court or individual claims arising out of sexual assault or sexual harassment in connection with your use of the services, as specified herein). You and Sosha further agree that you will not initiate or participate in a class action against the other party, nor seek relief on a class, collective, representative, consolidated, or private attorney general basis, including any actions pending against Sosha. To the maximum extent permitted by law, no claim will be arbitrated or litigated on a class, collective, representative, consolidated, or private attorney general basis. Any arbitration award shall only provide relief to the party seeking remedy and only to the extent necessary to provide a remedy for the individual claim brought. The arbitrator shall not be authorized to award relief on behalf of any other party.
Should a court find any portion of this paragraph unenforceable with respect to a specific claim or remedy (including claims for public injunctive relief), and that decision is final and unappealable, the dispute shall be resolved in court, but any remaining claims shall still be arbitrated. If this entire paragraph is found unenforceable, the arbitration clause (except for the jury trial waiver and informal dispute resolution provisions) shall be null and void. This paragraph is a material and essential component of the arbitration agreement.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any dispute that is not resolved informally via Sosha Customer Service or pursuant to subsection 15a above shall be exclusively resolved through binding individual arbitration, except as otherwise specifically outlined in this Dispute Resolution Section.
Notwithstanding this, either party may elect to resolve an individual claim in small claims court, and individual claims related to sexual assault or sexual harassment in connection with the Services shall be adjudicated as described in Section 17. If a party requests small claims court proceedings after initiating arbitration but before an arbitrator is appointed, the arbitration shall be administratively closed by the arbitration provider (e.g., NAM). The jurisdictional issues of the small claims court shall be determined exclusively by the small claims court. No decision by the small claims court shall have preclusive effect in any other proceeding involving Sosha and another party. If the small claims court determines it lacks jurisdiction, the matter will be resolved through arbitration in accordance with this Agreement. Any dispute concerning the enforceability or scope of this Dispute Resolution Section shall be exclusively determined by the arbitrator, including any allegations that either party has waived or breached the arbitration clause.
Proceedings to enforce this Dispute Resolution Section, such as motions to confirm, modify, or vacate an arbitration award, shall only be initiated in the federal or state courts located in 548 Market Street, San Francisco, CA 94104. You irrevocably consent to the personal jurisdiction of these courts and waive any objections to their jurisdiction or the inconvenience of the forum.
15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to disputes submitted to NAM after completing the informal dispute resolution process described in subsection 15a, and in situations where no small claims court election is made. Any arbitration between you and Sosha shall be governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures (“NAM Rules”) in effect when the demand for arbitration is filed, subject to modification by this Dispute Resolution Section. If NAM is unable or unwilling to perform its duties, the parties shall mutually agree on an alternative arbitration provider. If no agreement is reached, a court of competent jurisdiction will appoint one.
The following procedures apply to any arbitration initiated under this section (subject to any small claims court election):
Commencing Arbitration: To initiate arbitration, you or Sosha must file a Demand for Arbitration with NAM detailing the claims and requested relief in accordance with this Agreement and NAM Rules. If you file a Demand for Arbitration, you must also send it to Sosha at 548 Market Street, San Francisco, CA 94104 USA, within 7 days. Conversely, if Sosha files a Demand for Arbitration, Sosha will send it to your mailing or email address within the same 7-day period.
Fees: NAM’s fee structure shall govern, as outlined in NAM Rules, unless the dispute involves a Mass Filing or unless the arbitrator reallocates costs based on breaches of this Agreement or other relevant factors. If you demonstrate financial hardship, Sosha will consider reasonable requests for a reduction in your share of filing fees. If Sosha initiates the arbitration, Sosha will bear all NAM fees.
Arbitrator: The arbitration will be conducted by a neutral arbitrator who will be bound by and adhere to this Agreement. The arbitrator may modify any provision of this Agreement that is deemed fundamentally unfair to ensure a fair arbitration while maintaining the original intent. Any disputes regarding the enforcement of the terms of this Agreement will be decided by the arbitrator.
Dispositive Motions: The arbitrator may consider dispositive motions before or after their appointment, subject to the applicable time frames.
Discovery: Each party may serve limited discovery requests, including up to five document requests and five interrogatories. Further discovery is only permitted with mutual agreement or at the discretion of the arbitrator.
Confidentiality: The arbitrator may issue an order to protect the confidentiality of information disclosed during arbitration.
Arbitration Hearing: A hearing may be requested by either party, but arbitration can proceed based on written submissions if no hearing is requested. If a hearing is requested, both parties must be present in person.
Arbitration Award: The arbitrator must issue a reasoned award within 30 days after the hearing or submission of rebuttal statements. This award is binding and enforceable under applicable law.
Mass Filing: In the case of 25 or more similar claims filed against Sosha by coordinated counsel, the Mass Filing protocols outlined in NAM’s Mass Filing Rules shall apply, and claims will proceed through bellwether proceedings.
Resolution of Demands for Arbitration
In the event that the Parties are unable to resolve the remaining Demands for Arbitration after the fifth set of bellwether proceedings, whether by arbitration or other means of resolution, and should the Parties mutually decide to forego the continuation of additional bellwether proceedings, the legal representatives of the Claimants and Sosha shall engage in discussions with NAM to establish an equitable process for the individual adjudication of the remaining Demands for Arbitration.
Procedural Arbitrator's Discretionary Authority
Pursuant to this process, the Procedural Arbitrator shall have the exclusive and final authority to:
Determine the maximum number of Demands for Arbitration that may proceed individually at any given time.
Formulate and implement a fair and efficient method for selecting which Demands for Arbitration shall proceed to adjudication.
The selection process shall duly consider the following factors:
The reasonable capacity of legal counsel for the Claimants and Sosha to effectively manage multiple concurrent individual arbitrations.
The administrative capacity and logistical feasibility of NAM to oversee and facilitate the required proceedings.
Filing and Processing of Demands for Arbitration
A Demand for Arbitration that was not included in the bellwether process shall be deemed filed, processed, or adjudicated only upon explicit selection by the Procedural Arbitrator for inclusion in the proceeding.
Upon the resolution of the first set of Demands for Arbitration (comprising 30 Demands for Arbitration), the Parties may mutually agree to bypass additional bellwether proceedings for further Demands for Arbitration that are part of the Mass Filings.
Fee Obligations
Fees associated with a Demand for Arbitration within the Mass Filings, including those owed by Sosha and the Claimants (including you), shall only become due once:
The Demand for Arbitration has been specifically selected to proceed as part of the bellwether proceedings, or
The Procedural Arbitrator has selected the Demand for Arbitration to proceed after the bellwether proceedings have concluded, at which point the Demand will be officially designated for filing, processing, and adjudication.
Streamlining Procedures
The Parties are strongly encouraged to engage in periodic discussions to:
Explore potential mechanisms for streamlining the arbitration process.
Identify possible solutions to expedite the adjudication of Demands for Arbitration, including but not limited to increasing the number of Demands for Arbitration to be adjudicated in staged bellwether proceedings.
Negotiation of Fees
Either Party retains the right to negotiate with NAM to:
Defer or reduce arbitration fees,
Streamline procedural requirements, and
Seek efficiencies in the overall arbitration process.
Tolling of Statute of Limitations
In the event you are a Mass Filing claimant, any statute of limitations (or any other applicable limitations period) shall be tolled commencing when you initiate the informal dispute resolution process as set forth in Subsection 15a of the Agreement.
If the first set of Demands for Arbitration in the Mass Filings has been filed, your claims shall remain tolled until your Demand for Arbitration is either selected for inclusion in the bellwether proceedings by counsel for the Parties, or selected by the Procedural Arbitrator following the conclusion of the bellwether proceedings.
Enforcement of This Section
Any court of competent jurisdiction located in a venue authorized under Section 17 of the Agreement shall have the authority to enforce the provisions of this subsection.
16. Good Faith and Dispute Resolution Process
Both you and Sosha expressly agree to:
Uphold the integrity, fairness, and efficiency of the arbitration process and small claims court procedures.
Employ these mechanisms to resolve genuine and bona fide disputes.
Act in good faith to ensure the fair resolution of any and all disputes.
Both Parties further acknowledge that the Mass Filings procedures have been reasonably and appropriately designed to ensure the fair and efficient adjudication of the claims.
17. Future Changes and Retroactive Application
Scope of Section 15:
Section 15 shall apply to all disputes between the Parties, including any claims that accrued prior to or after the date of your consent to this Agreement.
Opting Out of Retroactive Application:
You retain the right to opt out of the retroactive application of Section 15 with respect to claims that arose prior to your consent to this Agreement.
To exercise this right, you must provide written notice to: support@soshaapp.com within thirty (30) days from the date you consent to this Agreement.
Effect of Opting Out:
Should you elect to opt out of retroactive application, you will remain subject to any dispute resolution provisions or arbitration procedures you previously consented to, including any arbitration clauses, class action waivers, and retroactive application provisions.
Regardless of your election regarding retroactive application, all claims arising after your consent to this Agreement shall be resolved in accordance with the provisions set forth in Section 15.
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act, except where precluded by applicable law.
19. Venue/Forum Selection
To the maximum extent permitted by law, any claims that are not subject to arbitration for any reason shall be litigated exclusively in the courts located in 548 Market Street, San Francisco, CA 94104.
Except as otherwise prohibited by law, including for users residing in the EU, EEA, UK, or Switzerland (who may bring claims in their country of residence pursuant to applicable law), any claims arising out of or relating to this Agreement (including any challenges to the class action waiver provision in Subsection 15b) must be litigated exclusively in the courts located in 548 Market Street, San Francisco, CA 94104 U.S.A.
You and Sosha consent to the jurisdiction of the courts of California and waive any claim that such courts constitute an inconvenient forum.
20. Indemnity by You
You agree to indemnify and hold harmless Sosha from any and all claims arising from your actions.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sosha, its affiliates, and their respective officers, directors, agents, and employees from any and all claims, complaints, demands, actions, damages, liabilities, losses, costs, expenses, and attorney’s fees arising from:
Your access to or use of the Services.
Your Content or conduct toward other users.
Your breach of this Agreement.
Note: Some jurisdictions may limit the enforceability of indemnification provisions, and in such cases, this section may not apply to you.
21. Acceptance of Terms
By using our Services, you accept and agree to be bound by the Terms of this Agreement, which may be amended from time to time, as well as:
Our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips.
Any Additional Terms Upon Purchase.
If you do not accept and agree to be bound by all of these terms, you are not authorized to use our Services.
22. Entire Agreement
This Agreement, together with the Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, and any Additional Terms Upon Purchase, constitutes the entire understanding between you and Sosha regarding the use of our Services. These Terms supersede all prior written or oral agreements between the Parties.
If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remainder of the Agreement shall continue in full force and effect. The failure of Sosha to exercise or enforce any right or provision shall not constitute a waiver of such rights.
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