NIWERS DISPUTE RESOLUTION POLICY (UNITED STATES)

Effective Date: pending — company being formed Version: 2026-05-v1.0

⚠️ IMPORTANT NOTICE

THIS POLICY DESCRIBES PROCEDURES THAT IMPLEMENT THE ARBITRATION AGREEMENT IN THE TERMS OF SERVICE (SECTION 17) AND THE SELLER AGREEMENT (SECTION 18). PLEASE REVIEW THESE BINDING ARBITRATION PROVISIONS BEFORE PROCEEDING.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THE TERMS. SEE SECTION 17.6 OF THE TERMS OR SECTION 18.6 OF THE SELLER AGREEMENT.

Introduction

Niwers Platform's commitment is to resolve disputes fairly, efficiently, and at the lowest possible level. This Dispute Resolution Policy explains how disputes are handled at three levels:

Direct resolution between Buyer and Seller
Niwers Resolution Center (internal review)
Binding individual arbitration (final, formal level)

1. SCOPE

This Policy covers disputes between:

Buyer ↔ Seller (most common — order issues, returns, quality)
Niwers ↔ Seller (commission, payouts, account actions)
Niwers ↔ User (account, content, services)

It excludes:

IP injunctive relief (court-only, see Carve-Outs in Section 17.5/18.5 of Terms/Seller Agreement)
Small claims actions (court-only, but typically waived in favor of arbitration)
Disputes that cannot legally be required to be arbitrated

2. STAGE 1 — DIRECT RESOLUTION (RECOMMENDED FIRST STEP)

2.1. Buyer-Seller Disputes

For most disputes (returns, defects, shipping issues), Buyers should first attempt direct resolution with the Seller:

Step 1: Use in-app messaging to contact the Seller about the issue.

Step 2: Seller has 3 business days to respond and propose a resolution.

Step 3: If unresolved, escalate to Niwers (Stage 2).

2.2. Niwers-User Disputes

For disputes involving Niwers (e.g., account actions, content moderation, billing):

Step 1: Contact support@niwers.com (general) or store-support@niwers.com (Sellers).

Step 2: Niwers responds within 5 business days.

Step 3: If unresolved, escalate to Niwers Resolution Center (Stage 2) or pre-arbitration notice (Stage 3 prep).

3. STAGE 2 — NIWERS RESOLUTION CENTER

3.1. When to Use

If direct resolution (Stage 1) fails, you may submit the dispute to the Niwers Resolution Center for internal review.

3.2. How to Submit

Option A (In-App):

Order Detail → "File a Dispute"

Option B (Email):

legal@niwers.com (subject: "Dispute Review Request")

3.3. Required Information

Include:

Order number (if applicable)
Detailed description of the issue
Communications with the other party (screenshots, emails)
Photos, videos, documents (as relevant)
Desired resolution

3.4. Niwers Review Process

Stage	Timeline
Niwers acknowledges and opens case	T + 0
Niwers requests response from other party	T + 2 business days
Other party submits response (required)	T + 5 business days
Niwers evaluates and decides	T + 7 business days
Decision communicated	T + 10 business days (max)

For complex cases, Niwers may extend to 15 business days with notice.

3.5. Niwers's Evaluation Criteria

Niwers considers:

Applicable law (TCPA, CAN-SPAM, state consumer protection, FTC rules, INFORM Act, DMCA)
Niwers Terms, Seller Agreement, and Policies
Evidence from both parties (messages, photos, tracking, transaction logs)
Niwers Platform records (AI moderation reports, audit logs)
Buyer/Seller history (complaint history, account standing)
Equity and good faith

3.6. Niwers's Decision

Niwers's decision is binding on Sellers under the Seller Agreement Section 8.2. Sellers cannot dispute Niwers's refund decisions in court (subject to arbitration carve-outs).

For Buyers, Niwers's decision is non-binding — Buyers retain rights to:

File arbitration (Stage 3)
Pursue available legal remedies
File complaints with regulators (see Section 7)

4. STAGE 3 — BINDING INDIVIDUAL ARBITRATION

4.1. Pre-Arbitration Notice (Mandatory)

Before initiating arbitration, you must send a written Pre-Arbitration Notice to:

legal@niwers.com Subject: "Pre-Arbitration Notice"

The Notice must include:

(a) Your name, account email, and contact information
(b) Description of the dispute
(c) Specific relief sought (refund amount, account restoration, etc.)
(d) Supporting documentation

4.2. 60-Day Informal Resolution Period

After receiving the Notice, Niwers has 60 days to respond and attempt informal resolution.

4.3. Demand for Arbitration

If informal resolution fails, you may file a Demand for Arbitration:

Administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures (consumer disputes) or Comprehensive Rules (Seller disputes)
File at: www.jamsadr.com
Send a copy to Niwers at legal@niwers.com

4.4. Arbitration Location

Default location: San Francisco, California

For consumer disputes, you may request a different location (typically your residence). JAMS will determine based on convenience.

4.5. Arbitrator Selection

Selected per JAMS Rules:

Single neutral arbitrator
Selected from the JAMS panel
Both parties may strike candidates

4.6. Arbitration Procedure

Generally follows JAMS Rules:

Streamlined (claims under $250,000): single arbitrator, limited discovery, hearing optional
Comprehensive (claims over $250,000): more discovery, full hearing, written award

4.7. Arbitrator's Authority

The arbitrator decides:

All issues of arbitrability (except class action waiver, decided by court)
Substantive merits of the dispute
Awards (monetary, declaratory, injunctive — limited)
Fees and costs

4.8. Final and Binding Award

The award:

Is final and binding on both parties
Can be entered in any court of competent jurisdiction for enforcement
May not be appealed except under the limited grounds in the Federal Arbitration Act, 9 U.S.C. § 10

4.9. Costs and Fees

4.9.1. Filing Fees:

For consumer disputes: Niwers pays filing, administration, and arbitrator fees per JAMS Consumer Minimum Standards
For Seller disputes: standard JAMS Commercial fee allocation

4.9.2. Attorney's Fees:

Each party bears its own attorney's fees, except when applicable law permits fee-shifting

4.9.3. Frivolous Claims:

The arbitrator may award fees and costs against frivolous claims

5. CLASS ACTION WAIVER

You and Niwers agreed to bring claims only in individual capacity, not as a class action or representative proceeding.

This is detailed in:

The Class Action Waiver is decided by a court, not the arbitrator.

If the Class Action Waiver is found unenforceable, the entire arbitration agreement is void, and disputes proceed in court (subject to other carve-outs).

6. CARVE-OUTS — DISPUTES NOT SUBJECT TO ARBITRATION

The following may proceed in court instead of arbitration:

6.1. Small Claims

Disputes within the small claims court's jurisdictional limit (typically up to $10,000 in California).

6.2. Intellectual Property Injunctive Relief

Either party may seek injunctive relief in court for IP infringement (trademark, copyright, patent), regardless of the arbitration agreement. This preserves Niwers's right to enforce IP rights through expedited court relief.

6.3. California Public Injunctive Relief

Per California Supreme Court decisions (e.g., McGill v. Citibank (2017)), claims seeking public injunctive relief under California consumer protection statutes may proceed in court, even if arbitration is otherwise required.

6.4. Disputes That Cannot Be Arbitrated

Some disputes legally cannot be required to be arbitrated under federal or state law. Those proceed in court.

7. REGULATORY AND GOVERNMENT REMEDIES

In addition to or instead of Niwers procedures, you may file complaints or claims with:

7.1. Federal Agencies

Federal Trade Commission (FTC) — consumer protection: reportfraud.ftc.gov
Consumer Financial Protection Bureau (CFPB) — financial issues: consumerfinance.gov
Better Business Bureau (BBB) — voluntary complaints: bbb.org

7.2. State Agencies

State Attorney General — consumer protection (each state has one)
Department of Consumer Affairs (state-specific)
State privacy regulators (CA Privacy Protection Agency, etc.)

7.3. INFORM Act Reporting

Suspected violations of INFORM Act by Sellers can be reported to:

Federal Trade Commission
State Attorneys General
Niwers internal: inform@niwers.com

7.4. DMCA / Copyright Infringement

See DMCA Policy.

7.5. Privacy Complaints

California: California Privacy Protection Agency (CPPA): cppa.ca.gov
Other states: respective Attorneys General offices

8. NIWERS-INITIATED LEGAL ACTION

Niwers may also pursue legal remedies, including:

8.1. Action Against Sellers

For:

Breach of Seller Agreement (recoupment of penalties, damages)
Counterfeit goods (zero-tolerance enforcement)
IP infringement
Fraud or money laundering
Threats to Niwers Platform integrity

8.2. Action Against Bad Actors

For:

Submitting false DMCA notices
Submitting false trademark complaints
Submitting false fraud reports
Other abuse of Niwers procedures

8.3. Cooperation with Law Enforcement

Niwers cooperates with law enforcement on:

Criminal investigations
Counterfeit operations
Sex trafficking, CSAM, FOSTA-SESTA matters
Tax fraud, money laundering
Other criminal violations

9. CHARGEBACKS

9.1. What Are Chargebacks?

A chargeback is a transaction reversal initiated by your card issuer (bank). Chargebacks are governed by card network rules (Visa, Mastercard, etc.), not by Niwers.

9.2. Niwers's Role

When a chargeback is filed:

Niwers is notified by Stripe
Niwers blocks the disputed funds in the Seller's balance
Niwers requests evidence from the Seller
Niwers compiles and submits dispute response to Stripe
The card issuer makes the final determination

9.3. Buyer's Choice

If you have a dispute, you may:

(a) Request a return through Niwers (recommended — faster, less complex)
(b) File a chargeback through your bank (slower, may take 60-120 days)

9.4. Buyer Caution

Filing a chargeback while also requesting a Niwers refund (double-dipping) is fraud under federal and state law. Niwers may refer such cases for prosecution.

10. TIMELINE COMPARISON

Resolution Method	Typical Time	Cost	Outcome
Direct Buyer-Seller resolution	3-7 days	Free	Mutual agreement
Niwers Resolution Center	10-15 days	Free	Niwers decision (binding on Sellers)
Chargeback	60-120 days	Free (your bank)	Bank decision
Small claims court	3-6 months	$30-100 filing	Judge decision
Arbitration (Streamlined)	4-9 months	Niwers covers consumer fees	Arbitrator award
Arbitration (Comprehensive)	9-18 months	JAMS standard fees	Arbitrator award

11. EVIDENCE PRESERVATION

If you anticipate a dispute, preserve evidence:

Screenshots of listings, messages, transactions
Photos and videos of products received
Shipping labels and tracking information
Email communications
Receipts and invoices

Niwers retains relevant Niwers Platform records but cannot retain external evidence on your behalf.

12. NIWERS'S MEDIATION OPTION (OPTIONAL)

Before formal arbitration, parties may agree to mediation through JAMS or another neutral provider. Mediation:

Is non-binding
Allows a neutral mediator to help reach voluntary agreement
Costs are typically split between parties
Can resolve disputes faster than arbitration

Niwers may, in its discretion, suggest mediation for certain disputes.

13. CONFIDENTIALITY

Arbitration proceedings, awards, and settlements are confidential, except as needed:

To enforce an award
To comply with law
To pursue regulatory remedies

Niwers's internal Resolution Center proceedings are also confidential.

14. UPDATES TO THIS POLICY

Niwers may update this Policy. Updates effective per the modification process in the Terms of Service Section 15.

15. CONTACT

Topic	Contact
Stage 1: Buyer-Seller (in-app)	In-app messaging
Stage 1: Niwers issues	`support@niwers.com`
Stage 2: Niwers Resolution Center	`legal@niwers.com` (subject: "Dispute Review Request")
Stage 3: Pre-Arbitration Notice	`legal@niwers.com` (subject: "Pre-Arbitration Notice")
DMCA / IP	`dmca@niwers.com`
Privacy / CCPA	`privacy@niwers.com`
INFORM Act	`inform@niwers.com`
Mailing	pending — company being formed, pending — company being formed, Attn: Legal

Version: 2026-05-v1.0 Effective Date: pending — company being formed