AMENIHUB RESIDENTIAL INTERNET SERVICE AGREEMENT
(Internet Service Terms + Acceptable Use Policy + Network Management & Performance Disclosure + Internet Privacy Notice)
Effective Date: February 27, 2026
This Residential Internet Service Agreement (the “Agreement”) is a binding contract between Amenihub LLC (“Amenihub,” “we,” “us,” “our”) and the customer who orders, activates, uses, or pays for Amenihub residential Internet access service (“you,” “your,” “Subscriber”). This Agreement governs: (a) residential broadband Internet access service provided by Amenihub (the “Service”); (b) any Amenihub-provided equipment used to deliver or support the Service (the “Equipment”); and (c) any software, firmware, applications, configuration, and other code deployed by or for Amenihub to operate, provision, secure, manage, or support the Service and Equipment (the “Software”).
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS, WITH A LIMITED RIGHT TO OPT OUT. SEE SECTION 24.
1. SCOPE; ACCEPTANCE; RESIDENTIAL USE
1.1 Internet Service Only. This Agreement applies only to residential Internet access service and related Equipment/Software. It does not include television programming, voice/phone services, mobile services, or any other non-Internet service unless Amenihub expressly provides a separate written agreement signed by Amenihub that states otherwise.
1.2 Acceptance. You accept and agree to be bound by this Agreement by doing any of the following: placing an order; activating the Service; using the Service; using the Equipment or Software; accepting or paying an invoice/bill; enrolling in Auto Pay; or otherwise indicating acceptance electronically or in writing. If you do not agree, do not order, activate, or use the Service.
1.3 Residential, Non-Commercial Use; No Resale. The Service is intended for personal, residential, non-commercial use at the Service Address associated with your account. You may not resell, redistribute, or make the Service available to the public or to third parties outside the Service Address without Amenihub’s prior written consent.
1.4 Authority and Eligibility. You represent that you are at least 18 years old and legally able to enter a binding contract. If you order Service at a premises you do not own, you represent that you have all required permissions (including from the building owner/manager/landlord) for installation, Equipment placement, and entry for installation and support.
2. DEFINITIONS
“Account” means your subscriber account with Amenihub.
“Billing Period” means the recurring monthly billing cycle assigned to your Account.
“Demarcation Point” means the point where Amenihub’s network meets the premises wiring or interface (for example, an ONT or network interface device).
“Equipment” means Amenihub-owned hardware and related items provided or installed to deliver/support the Service (for example, an ONT, modem, gateway, router, power supply, cabling, adapters, splitters, connectors, and related components).
“Subscriber Equipment” means all devices and wiring not provided by Amenihub, including your computers, phones, tablets, TVs, Wi-Fi devices, third-party routers, switches, and premises wiring on your side of the Demarcation Point (unless Amenihub identifies particular inside wiring as Amenihub-owned).
“Order Confirmation” means any written confirmation (including a customer portal record, invoice, quote, checkout screen, email confirmation, or other written record) describing the selected plan/tier, recurring charges, one-time charges, and any promotional or initial-term conditions.
“Service Address” means the location where the Service is installed and delivered.
“Software” means any software, firmware, apps, configuration, or other code provided by or for Amenihub to deliver, operate, provision, secure, manage, or support the Service or Equipment.
3. PLANS, PRICING, AVAILABILITY, AND COMMERCIAL TERMS
3.1 Plans and Availability Vary by Location. Amenihub may offer different speed tiers, pricing, promotions, features, and Equipment bundles depending on the building, service area, network design, and other operational factors. Not all plans or features are available at all locations.
3.2 Your Charges and Terms Are Disclosed at Sign-Up. Your then-current monthly recurring charges, applicable one-time charges, taxes/fees (if any), and any promotional or initial-term conditions are disclosed in your Order Confirmation and reflected on your bill/invoice and/or in the customer portal.
3.3 Promotions; Eligibility. If you accept promotional pricing or benefits, you may be required to maintain eligibility conditions (including timely payment, Auto Pay enrollment, or maintaining Service for a minimum period). If you do not meet eligibility conditions, promotional pricing/benefits may end and standard pricing and terms may apply, to the extent permitted by law and disclosed in your Order Confirmation.
3.4 Changes to Plans, Pricing, and Features. Subject to applicable law, Amenihub may change available plans, pricing, promotions, and/or features by providing notice as described in Section 23. Continued use of the Service after notice constitutes acceptance of the change.
4. SERVICE PERFORMANCE; LIMITATIONS; NO WARRANTY
4.1 Best-Efforts Service. The Service is provided on a best-efforts basis. Amenihub does not guarantee uninterrupted, error-free, secure, or continuous Service.
4.2 “Up To” Speeds; Variability. Advertised speeds are “up to” rates and actual performance may vary due to factors including: congestion; line conditions between the premises and Amenihub’s network; internet routing; remote server performance; limitations of Subscriber Equipment; Wi-Fi environment; interference; applications; and network management practices used to protect network integrity and users.
4.3 No Guarantee of Specific Speed, Latency, or Performance. Throughput, latency, jitter, and packet loss may vary. Amenihub does not warrant any specific performance characteristics at any time.
4.4 No Security Guarantee. Amenihub does not guarantee protection from malware, hacking, unauthorized access, phishing, spam, or other threats. You are responsible for securing your devices, accounts, and data.
4.5 Wi-Fi Disclaimer. If Wi-Fi capability is provided via Equipment, Wi-Fi performance depends on local conditions and Subscriber Equipment. Coverage, compatibility, and throughput are not guaranteed.
4.6 No High-Risk Reliance. The Service is not designed for mission-critical or high-risk uses where failure could result in death, personal injury, severe property damage, or significant economic loss. You are responsible for maintaining backups and alternate connectivity if needed.
5. INSTALLATION; ACCESS; PREMISES ENTRY; SERVICE VISITS
5.1 Access and Safe Work Area. You must provide safe, reasonable access to the premises and to areas necessary to install, maintain, inspect, repair, replace, remove, and support the Service and Equipment.
5.2 Inside Wiring and Subscriber Equipment. Unless Amenihub agrees otherwise in writing, inside wiring and all Subscriber Equipment are your responsibility. Amenihub is not responsible for the operation or compatibility of Subscriber Equipment.
5.3 Appointments; Missed Visits. If a service visit is scheduled, you must ensure that access is available. Amenihub may charge a fee for missed appointments or failed access, where permitted by law and as disclosed on your bill/invoice or in account notices.
5.4 Chargeable Service Visits. If a service visit determines the issue is caused by Subscriber Equipment, inside wiring not maintained by Amenihub, third-party services, or conditions outside Amenihub’s responsibility, Amenihub may charge for that visit, where permitted by law and disclosed on your bill/invoice or in account notices.
5.5 Moves and Transfers. If you move, Service at a new address requires Amenihub service availability and completion of any applicable transfer and installation process.
6. BILLING; PAYMENTS; FEES; TAXES; COLLECTIONS
6.1 Payment Obligation. You agree to pay all charges associated with the Service and Equipment as disclosed in your Order Confirmation and/or bill/invoice, including recurring charges, one-time charges, fees, and applicable taxes.
6.2 Billing in Advance; Month-to-Month Renewal. Unless your Order Confirmation states otherwise, monthly recurring charges are billed in advance for each Billing Period. Your subscription renews automatically on a month-to-month basis until cancelled.
6.3 Non-Refundable; No Partial-Period Refunds/Credits. Payments are nonrefundable and, except where required by law or expressly stated otherwise in writing by Amenihub, you will not receive refunds or credits for partially used Billing Periods.
6.4 Additional Fees. To the extent permitted by law, Amenihub may assess additional fees disclosed via your Order Confirmation, bill/invoice, customer portal, or account notices, including fees for: activation/installation; reconnection/restoration; service calls; missed appointments; returned payments; chargebacks; paper billing (if applicable); payment assistance or agent-assisted payments (if applicable); early cancellation (if applicable); non-return/damaged equipment; and collection activity (including reasonable costs and attorneys’ fees where permitted).
6.5 Payment Methods and Authorization.
(a) Auto Pay. If you enroll in Auto Pay, you authorize Amenihub to charge your designated payment method for amounts due, including recurring and one-time charges, fees, and taxes.
(b) ACH/Bank Payments. If you pay by ACH or bank transfer, you authorize processing using information you provide. Bank processing times may delay posting; you remain responsible for timely payment by the due date.
(c) Checks. If you pay by check, you authorize Amenihub to process your check as a check transaction or to use information from your check to initiate an electronic funds transfer, as permitted by law.
6.6 Late Payments; Suspension; Collections. Failure to pay amounts due by the due date is a breach and may result in late fees (where permitted), suspension or termination, removal or disabling of Equipment, referral to collections, and additional charges related to collecting past-due balances.
6.7 Failure to Receive a Bill. Not receiving a bill does not relieve your obligation to pay amounts due.
6.8 Multiple Accounts. If you have multiple Amenihub accounts, delinquency on any account may result in suspension or termination of Service on other accounts to the extent permitted by law.
6.9 Taxes and Government Assessments. You agree to pay all applicable taxes, fees, and governmental assessments imposed on the Service, Equipment, or transactions.
7. CANCELLATION
7.1 How to Cancel. You may request cancellation via the customer portal or by contacting support@amenihub.com.
7.2 Effective Date. Unless required otherwise by applicable law, cancellation is effective at the end of your then-current Billing Period.
7.3 Promotions; Initial-Term Conditions; Early Cancellation. If your Order Confirmation includes a promotional or initial-term condition, and you cancel, terminate, or downgrade before completing it, you agree to pay any applicable early cancellation fee and/or repay promotional benefits as disclosed in your Order Confirmation, to the extent permitted by law.
7.4 Equipment Return Obligation. Cancellation does not relieve you of the obligation to return Equipment or pay applicable non-return charges.
8. IDENTITY VERIFICATION; CONSUMER REPORTS; DEPOSITS
8.1 Verification. Where permitted by law, Amenihub may verify identity and assess payment risk in connection with establishing, maintaining, restoring, or modifying Service.
8.2 Consumer Reports; Reporting. Where permitted by law and after providing any required disclosures and obtaining any required consents, Amenihub may obtain consumer reports and may furnish information about your Account and payment history to consumer reporting agencies.
8.3 Deposits and Prepayment. Where permitted by law, Amenihub may require a deposit or prepayment based on risk factors or Account history. Deposits may be applied to amounts owed, including non-return equipment charges, to the extent permitted by law. Any remaining deposit after final settlement and Equipment return will be handled as required by applicable law.
9. BILLING DISPUTES; CORRECTIONS; CREDITS
9.1 Dispute Notice Deadline. You must notify Amenihub in writing of any billing dispute, request for correction, or credit request within 30 days of the bill date (or longer if required by law). You must pay all undisputed amounts when due.
9.2 Investigation. You must provide sufficient information for Amenihub to investigate. Amenihub will review and notify you of the outcome.
9.3 Credits. Any credit owed will generally be applied to a future bill unless another method is required by law.
9.4 Maximum Credit (Service Issues). Except where required by law, Amenihub’s maximum liability for interruptions, delays, errors, or defects in Service during a Billing Period will not exceed an amount equal to one Billing Period of your regular recurring Service charges (and associated monthly Equipment charges, if any).
9.5 No Credits for Certain Causes. Credits will not be provided for interruptions or impairments caused by: Subscriber Equipment; inside wiring not maintained by Amenihub; third-party services; lack of access needed to investigate or repair; your negligence or noncompliance; subscriber-requested changes; or events beyond Amenihub’s reasonable control.
9.6 Unclaimed Amounts. Unless prohibited by law, amounts owed by Amenihub that are not claimed within one year after becoming payable are forfeited.
10. EQUIPMENT AND SOFTWARE
10.1 Ownership. All Equipment and Software remain Amenihub’s property unless Amenihub expressly states otherwise in writing. You obtain no ownership interest.
10.2 Care, Use, and Location. You must protect Equipment from loss, theft, and damage, use it only in connection with the Service at the Service Address, and comply with reasonable handling and safety instructions.
10.3 No Tampering; No Unauthorized Changes. You may not open, modify, relocate, repair, alter, or tamper with Equipment; remove or obscure labels; or connect or use devices or configurations that bypass provisioning or authorization or that harm the network. Only Amenihub or its authorized representatives may service Equipment.
10.4 Return; Non-Return Charges; Continued Billing. Upon cancellation, termination, replacement, or request by Amenihub, you must promptly return all Equipment in substantially the same condition as received, ordinary wear and tear excepted. Amenihub may charge for unreturned, lost, stolen, or damaged Equipment. To the extent permitted by law, Amenihub may continue to bill recurring Service charges and/or Equipment charges until Equipment is returned or paid for in full, and may refuse reconnection until return/payment is completed.
10.5 Software License; Restrictions. Amenihub grants you a limited, revocable, non-exclusive, non-transferable license to use Software solely as needed to use the Service. You may not copy, reverse engineer, decompile, disassemble, distribute, sublicense, resell, or publish Software except as permitted by law.
10.6 Updates and Modifications. Amenihub and its suppliers may deploy updates, patches, configuration changes, and security fixes to Equipment and Software. Such updates may change, add, or remove features or functionality.
10.7 Data and Backup Responsibility. You are responsible for backing up your data. Amenihub is not responsible for loss of data or damage to Subscriber Equipment.
11. NETWORK MANAGEMENT & PERFORMANCE DISCLOSURE (OPEN INTERNET TRANSPARENCY)
11.1 Purpose. Amenihub uses reasonable network management and security practices to protect network integrity, prevent abuse, and maintain service quality for users.
11.2 Performance and Diagnostics Monitoring. Amenihub may measure and monitor Service performance and connection quality, and may collect technical telemetry and logs related to provisioning, troubleshooting, maintenance, capacity planning, and security.
11.3 Security and Integrity Actions. To the extent permitted by law, Amenihub may take lawful actions it deems appropriate to protect the network and users, including: blocking or restricting certain ports or protocols commonly used for spam, attacks, or data theft; applying filtering for malicious destinations; rate limiting certain transaction types (including authentication, SMTP, DNS, DHCP, and other traffic that materially affects security or performance); and implementing measures to mitigate denial-of-service and similar attacks.
11.4 Congestion and Traffic Management. Amenihub may manage or shape traffic during periods of congestion or when usage is uncharacteristic of typical residential use and materially burdens the network. Amenihub may allocate bandwidth to maintain overall network performance and protect other users.
11.5 No Unlawful Blocking. Amenihub does not intentionally block lawful content, applications, services, or non-harmful devices in a manner prohibited by applicable law, but may apply reasonable network management and security actions as described in this Section 11.
11.6 Device Compatibility and Customer Premises Equipment. Performance depends on Subscriber Equipment and local conditions. Amenihub may change Equipment requirements, compatibility standards, or technical parameters.
11.7 Changes. Amenihub may change network management practices, performance characteristics, and commercial terms with appropriate notice as required by law. See Section 23.
12. ACCEPTABLE USE POLICY (AUP)
These rules are material terms of this Agreement. Violations may result in restriction, suspension, or termination of Service, and may be reported to law enforcement or rights-holders as appropriate.
12.1 Lawful Use Only. You may use the Service only for lawful purposes and must comply with all applicable laws and regulations.
12.2 Prohibited Content. You may not transmit, store, distribute, or make available content that is illegal, obscene, defamatory, threatening, abusive, fraudulent, or otherwise unlawful, including content involving child sexual exploitation.
12.3 Intellectual Property. You may not infringe copyrights, trademarks, patents, trade secrets, or other rights. Amenihub may respond to infringement notices and legal process as required by law.
12.4 Security and Unauthorized Access. You may not attempt to gain unauthorized access to systems, accounts, networks, or data; probe or scan without authorization; bypass access controls; or attempt to defeat security measures.
12.5 Malware and Harmful Code. You may not distribute or facilitate malware, viruses, worms, spyware, ransomware, or other malicious code.
12.6 Interference and Disruption. You may not interfere with, disrupt, degrade, or harm the Service, Amenihub’s network, the Internet, or other users, including through denial-of-service or traffic flooding.
12.7 Spam and Deceptive Messaging. You may not send or facilitate unsolicited bulk messaging, spoof headers, operate open relays, or engage in deceptive messaging practices.
12.8 Excessive or Unreasonable Use. Amenihub may determine, in its discretion, that certain usage is excessive or uncharacteristic of normal residential use and materially burdens the network. Amenihub may apply management actions, restrictions, suspension, or termination to protect the network and other users.
12.9 Resale and Redistribution Prohibited. You may not resell, redistribute, or share the Service outside the Service Address without Amenihub’s written consent.
12.10 Servers, Hosting, and Inbound Services. The Service is not intended for commercial hosting. Amenihub may restrict server operation, inbound connections, or certain ports/protocols to protect the network and enforce residential use. If you operate any Internet-accessible services, you are responsible for securing them and you assume all risk.
12.11 Equipment Circumvention and Tampering. You may not tamper with Equipment; bypass provisioning/authorization; use unauthorized configurations to obtain Service; or attempt to avoid fees or restrictions.
12.12 Cooperation. You must cooperate with reasonable Amenihub requests regarding suspected abuse, security incidents, or compliance, including providing information reasonably needed to investigate and remediate.
13. COPYRIGHT COMPLAINTS
13.1 Policy. Amenihub respects intellectual property rights and expects subscribers to do the same. Amenihub may respond to notices of alleged infringement as required by law.
13.2 How to Submit a Complaint. Copyright complaints may be sent to support@amenihub.com with sufficient information to identify the copyrighted work and the allegedly infringing material, and contact information for the complaining party. Amenihub may request additional information or process complaints through other lawful methods.
14. THIRD-PARTY SERVICES AND CONTENT
14.1 Third Parties Not Controlled. The Internet includes content and services provided by third parties that are not controlled by Amenihub.
14.2 No Responsibility for Third Parties. Amenihub is not responsible for third-party content, services, outages, software, devices, or transactions between you and third parties.
15. INTERNET PRIVACY & INFORMATION PRACTICES
15.1 Information We May Collect.
(a) Account and Billing Information: name, Service Address, billing address, contact information, Account history, payment status, and support interactions.
(b) Technical and Service Usage Information: device and Equipment identifiers, connection and performance telemetry, timestamps, and usage metrics such as bandwidth consumption and related diagnostics.
(c) Network and Request Logs: for purposes of operating, securing, troubleshooting, enforcing this Agreement, and complying with lawful requests, Amenihub may collect and retain technical logs and network events. Depending on technical implementation, logs may include destinations requested (such as domains and, in some cases, URLs). Collection and retention are subject to applicable law and Amenihub’s internal security and retention practices.
(d) Location: service location and approximate network-based location consistent with network operation and lawful requests.
15.2 How We Use Information. Amenihub may use information to provision and deliver Service; maintain and improve performance; provide support; detect and prevent fraud and abuse; protect network integrity; enforce this Agreement; communicate account and service information; and comply with legal obligations.
15.3 Sharing and Disclosure. Amenihub may share or disclose information: to service providers acting on our behalf under confidentiality and security obligations; to comply with legal process or governmental requests; to protect rights, property, and safety (including emergencies); and in connection with a business transfer, subject to law.
15.4 Retention. Amenihub retains information for as long as reasonably necessary for the purposes described and as required for legal, audit, billing integrity, and security needs.
15.5 Your Responsibility. You control privacy settings on your devices and applications. Third-party websites and apps have their own privacy practices.
16. SUSPENSION AND TERMINATION
16.1 Suspension/Termination Rights. To the extent permitted by law, Amenihub may restrict, suspend, or terminate Service and/or disable or remove Equipment:
(a) for non-payment, returned payments, or chargebacks;
(b) for violation of this Agreement, including the AUP;
(c) to protect the network, other users, or Amenihub from harm, risk, or liability;
(d) when access needed for installation, maintenance, inspection, or investigation is not provided;
(e) for excessive or unreasonable use that materially burdens the network; and
(f) at any time, with or without notice, for any reason or no reason, to the extent permitted by law.
16.2 Effect of Termination. Upon termination, you must stop using the Service, Equipment, and Software. You remain responsible for all charges incurred through the end of the applicable Billing Period and for any Equipment-related obligations until Equipment is returned or paid for in full, where permitted by law.
16.3 Reconnection. Reconnection may require payment of past due amounts, fees, and completion of any required steps, including Equipment return/payment obligations.
17. DISCLAIMERS; LIMITATION OF LIABILITY
17.1 Disclaimer of Warranties. THE SERVICE, EQUIPMENT, AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMENIHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
17.2 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMENIHUB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
17.3 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMENIHUB’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE, EQUIPMENT, SOFTWARE, OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF ONE BILLING PERIOD OF YOUR REGULAR RECURRING SERVICE CHARGES (AND ASSOCIATED MONTHLY EQUIPMENT CHARGES, IF ANY), EXCEPT WHERE LAW REQUIRES OTHERWISE.
17.4 Allocation of Risk. You agree these limitations are a fundamental basis of the bargain.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Amenihub and its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: your or any user’s use or misuse of the Service; violation of this Agreement or law; infringement or violation of third-party rights; or misuse/tampering with Equipment or Software.
19. COMMUNICATIONS CONSENT; RECORDING
19.1 Service and Account Communications. You consent to Amenihub contacting you for non-promotional account and service purposes (including billing, collections, appointments, service alerts, security notices, and account recovery) at the phone numbers and email addresses you provide, including via automated systems and prerecorded messages where permitted by law.
19.2 Accuracy of Contact Information. You must keep contact information current.
19.3 Recording. To the extent permitted by law, Amenihub may monitor and record calls or communications for quality assurance, training, fraud prevention, and dispute resolution.
20. LIMITATION PERIOD FOR CLAIMS
To the extent permitted by law, any claim or dispute arising out of or related to the Service or this Agreement must be brought within one year after the claim arises, otherwise it is permanently barred, unless a longer period is required by law.
21. FORCE MAJEURE
Amenihub is not liable for failure or delay caused by events beyond reasonable control, including severe weather, power outages, building access restrictions, third-party outages, governmental actions, labor disputes, or emergencies.
22. GENERAL TERMS
22.1 Assignment. You may not assign this Agreement without Amenihub’s written consent. Amenihub may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets.
22.2 No Waiver. Failure to enforce any provision is not a waiver.
22.3 Severability. If any provision is unenforceable, the remainder remains in effect.
22.4 Survival. Provisions that by their nature should survive (including payment obligations, limitations of liability, indemnification, and dispute resolution) survive termination.
22.5 Entire Agreement. This Agreement, together with your Order Confirmation, constitutes the entire agreement regarding residential Internet Service between you and Amenihub. If an Order Confirmation conflicts with this Agreement, this Agreement controls unless the Order Confirmation expressly states it overrides a specific provision and is signed or expressly approved by Amenihub.
22.6 Notices and Changes. Amenihub may provide notices via the customer portal, email, postal mail, text/SMS, telephone calls (including automated), or website posting. You agree to review notices. Continued use after notice constitutes acceptance of changes, subject to applicable law.
23. CONTACT INFORMATION
Amenihub LLC
1864 Bath Ave
Brooklyn, NY 11214
Support: support@amenihub.com
Customer Portal: https://amenihub.uisp.com/
Phone: (347) 947-2727
24. DISPUTE RESOLUTION AND BINDING ARBITRATION
24.1 Informal Resolution Required. Before initiating arbitration or a lawsuit (except small claims court), you and Amenihub agree to attempt good-faith informal resolution.
24.2 Opt-Out of Arbitration. If you do not want to be bound by arbitration, you must opt out within 30 days after you first activate or use the Service. To opt out, you must send written notice by: (a) email to support@amenihub.com and (b) certified mail to Amenihub LLC, 1864 Bath Ave, Brooklyn, NY 11214, Attn: Arbitration. Your notice must include your name, Account number, Service Address, a clear statement you are opting out of arbitration, and your signature (physical or electronic). Opting out affects only arbitration; all other terms remain in effect.
24.3 Notice of Dispute; Required Content. A party intending to initiate arbitration must first send a written Notice of Dispute describing the claim and requested relief, including: name, Account number, Service Address, contact information, description of the dispute with relevant dates, specific relief requested, and signature. If represented by counsel, you must provide written authorization for Amenihub to share relevant Account records for purposes of resolution.
24.4 Where to Send Notice of Dispute. Send by certified mail to Amenihub LLC, 1864 Bath Ave, Brooklyn, NY 11214, Attn: Customer Disputes, and email a copy to support@amenihub.com.
24.5 60-Day Waiting Period; Individual Conference. The party sending a Notice of Dispute must allow 60 days after receipt for investigation and resolution. Either party may request an individualized settlement conference by phone or videoconference; you and an Amenihub representative must personally participate unless otherwise agreed.
24.6 Agreement to Arbitrate; Individual Basis Only. Except as stated in 24.7, any dispute arising out of or relating to the Service, Equipment, billing, advertising, privacy, this Agreement, or the relationship between you and Amenihub will be resolved by binding arbitration on an individual basis only.
24.7 Small Claims Option. Either party may bring an individual claim in small claims court if it qualifies and remains individual.
24.8 Class Action and Jury Trial Waiver. YOU AND AMENIHUB AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU AND AMENIHUB WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
24.9 Administrator and Rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer rules as modified by this Agreement. If AAA is unavailable or will not administer consistent with this Agreement, the parties will seek a substitute administrator or court appointment that will enforce these terms.
24.10 Arbitrator Authority; Court Authority. The arbitrator may award only individualized relief. Issues relating to arbitrability, the scope or enforceability of the class waiver, and enforcement of the pre-arbitration and mass arbitration procedures below are for a court of competent jurisdiction to decide to the maximum extent permitted by law.
24.11 Location and Format. Unless the parties agree otherwise, arbitration will be conducted in the county of the Service Address or by remote appearance, consistent with applicable rules and fairness.
24.12 Fees. Fee allocation will follow AAA rules as modified by this Agreement. Each party bears its own attorneys’ fees unless a statute requires otherwise.
24.13 Frivolous or Improper Purpose Claims. If the arbitrator determines a claim was brought for an improper purpose or is frivolous under standards comparable to Federal Rule of Civil Procedure 11(b), the arbitrator may allocate fees and costs as permitted by law and applicable rules, including reimbursement of amounts paid on another party’s behalf.
24.14 Mass Arbitration (Bellwether) Procedures. If 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims and are represented by the same or coordinated counsel, the parties agree to staged bellwether proceedings. Each side selects a limited number of cases to proceed first; remaining cases are stayed pending outcomes and settlement discussions. Courts may enforce these procedures, including enjoining filings that attempt to circumvent them, to the maximum extent permitted by law.
24.15 Governing Law for Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. To the extent not preempted, New York law governs this Agreement.
END OF AGREEMENT
