1. Talk to us first
If you have a problem, contact support@midnightapps.dev — or legal@midnightapps.dev for a legal complaint — and describe the issue and what you would like done about it. Most problems are resolved this way. We ask you to allow a reasonable period for us to respond before starting formal proceedings, and we will do the same before bringing a claim against you.
2. Where arbitration applies
Where you are in a jurisdiction in which an agreement to arbitrate consumer disputes is enforceable, and where we have elected to use one, disputes that cannot be resolved informally are to be resolved by binding individual arbitration rather than in court. The arbitration provider, the applicable rules, the seat and language of the arbitration, and how costs are allocated will be stated here before publication; they have not been chosen yet and are not invented in this draft.
3. Claims you can always bring in court
Nothing in this document prevents either of us from bringing an individual claim in a small-claims court where it qualifies, or from seeking injunctive relief to stop misuse of intellectual property or a breach of security. Nothing prevents you from reporting a matter to a regulator or a data-protection authority.
4. Class actions
Where an arbitration agreement applies and a waiver of collective proceedings is enforceable in your jurisdiction, claims are to be brought individually rather than as part of a class or representative action. Where such a waiver is not enforceable — including in jurisdictions whose consumer law prohibits it — it does not apply to you, and the remainder of this document still stands.
5. Consumers in the EU, the UK and other protective regimes
If mandatory arbitration or a collective-action waiver is restricted or prohibited where you live, those parts of this document do not apply to you. You keep the right to bring proceedings in the courts of your place of residence, and to use any alternative dispute-resolution or ombudsman scheme available to you. Your statutory consumer rights are unaffected by anything in these documents.
6. Governing law and venue
The governing law and the courts that have jurisdiction are stated in section 11 of the Terms of Service. They are to be confirmed before publication, and in every case are subject to the mandatory consumer-protection law of your country of residence.