Arbitration Agreement

Effective Date: [17.02.2025]

IMPORTANT NOTICE: Please read this Arbitration Agreement carefully. It affects your legal rights. If you reside in the United States, this agreement includes a waiver of class action and jury trial rights.

1. Scope of Arbitration Agreement

All claims and disputes (except for claims seeking injunctive or equitable relief as outlined below) relating to the Terms of Use or any product or service provided by TATOMAMO OÜ that cannot be resolved informally or in a small claims court shall be resolved exclusively through final and binding arbitration on an individual basis under the terms of this Arbitration Agreement.

This Arbitration Agreement applies to you and TATOMAMO OÜ, including any of its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.

2. Pre-Arbitration Dispute Resolution

Before initiating arbitration, you and TATOMAMO OÜ agree to first attempt to resolve any claim or dispute informally.

A party intending to seek arbitration must first send the other party a written notice describing the nature and basis of the claim or dispute, along with the specific relief sought ("Notice").

A Notice to TATOMAMO OÜ should be sent to: legal@tatomamo.com

Upon receiving the Notice, both parties will attempt to resolve the claim or dispute informally. If the claim or dispute is not resolved within thirty (30) days of receiving the Notice, either party may proceed with arbitration.

3. Arbitration Procedure

Arbitration shall be initiated and conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration institution mutually agreed upon by both parties. If the parties cannot agree on an institution, arbitration shall be conducted under the rules of the International Chamber of Commerce (ICC) or another similar body.

  • The arbitration shall be conducted in English.

  • The arbitration shall take place in Tallinn, Estonia, unless both parties agree to a different location or remote proceedings.

  • The arbitrator's decision shall be final and binding and may be enforced in any competent court.

  • Each party shall bear its own arbitration costs, except where applicable law provides otherwise.

4. Waiver of Class Actions and Jury Trials

Both you and TATOMAMO OÜ agree that all claims and disputes must be brought on an individual basis and not as a plaintiff or member in any class action or representative proceeding.

Additionally, both parties waive any constitutional and statutory rights to have a trial in court before a jury.

5. Exceptions to Arbitration

This Arbitration Agreement does not apply to claims involving:

  • Injunctive or other equitable relief for intellectual property rights enforcement;

  • Any disputes that qualify for resolution in small claims court;

  • Any matters that cannot be subject to arbitration under applicable law.

6. Governing Law

This Arbitration Agreement shall be governed by the laws of Estonia, without regard to its conflict of law principles.

7. Severability

If any provision of this Arbitration Agreement is found to be unenforceable, the remainder of this agreement shall remain in full force and effect.

8. Changes to This Arbitration Agreement

TATOMAMO OÜ reserves the right to modify this Arbitration Agreement at any time. Changes will take effect upon posting on tatomamo.com. Continued use of our services after such changes constitutes acceptance of the revised agreement.

9. Contact Information

For any questions regarding this Arbitration Agreement, please contact:

TATOMAMO OÜ
Attn: Legal Department
Pae tn 25-47, Harju county, Tallinn city, 11414
Email: legal@tatomamo.com