Pinary

United States Consumer Addendum

Last Updated: 2026-07-15

THIS ADDENDUM APPLIES ONLY TO USERS WHO ARE CONSUMERS RESIDENT IN THE UNITED STATES. It supplements the Pinary Terms of Service (the "Terms") and is incorporated into them by reference. Capitalized terms not defined here have the meanings given in the Terms. If this Addendum conflicts with the Terms, this Addendum prevails for United States consumers.

PLEASE READ THIS ADDENDUM CAREFULLY. IT REQUIRES YOU AND PINARY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS (SEE SECTION 8).

1. Agreement to Arbitrate

You and Resolve Inc. ("Pinary," "we," "us") agree that, except as provided in Section 2 (Exceptions), any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or this Addendum — including its existence, breach, termination, enforcement, interpretation, or validity, and whether based in contract, tort, statute, or any other legal theory — will be resolved by binding individual arbitration and not in court.

YOU AND PINARY EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

This Addendum is governed by the United States Federal Arbitration Act (9 U.S.C. § 1 et seq.), which the parties agree applies to this transaction, notwithstanding the choice of Japanese law in the Terms for other purposes.

2. Exceptions

Notwithstanding Section 1:

(a) Small claims court. Either party may bring an individual claim in small claims court in the county (or comparable jurisdiction) of your residence, if the claim qualifies for that court and remains an individual claim.

(b) Intellectual property injunctive relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of its intellectual property rights.

3. Class Action Waiver

YOU AND PINARY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT AS PROVIDED IN SECTION 9) AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM.

If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) shall be severed and may proceed in court, and all other claims shall remain subject to arbitration.

4. Pre-Arbitration Notice and Informal Resolution

Before initiating arbitration, the party asserting a dispute must send the other party a written notice describing the dispute, the specific relief sought, and the sender's name, account email, and contact information. Notices to Pinary must be sent by email to [email protected] (subject line: "Arbitration Notice") or by mail to Resolve Inc., Shibuya Dogenzaka Tokyu Building 2F-C, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan. Notices to you will be sent to the email address associated with your account.

The parties agree to negotiate in good faith for at least sixty (60) days after the notice is received before either party may commence arbitration. This individualized notice-and-negotiation process is a condition precedent to arbitration.

5. Arbitration Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, as modified by this Addendum. The AAA rules are available at www.adr.org. If the AAA is unavailable, the parties will select an alternative administrator; if they cannot agree, a court of competent jurisdiction will appoint one.

  • Arbitrator. One neutral arbitrator appointed under the AAA Consumer Arbitration Rules.
  • Hearing format and location. Any hearing will be conducted by videoconference unless you request an in-person hearing or the arbitrator determines one is necessary, in which case it will take place in the county of your residence in the United States (or another location the parties agree on).
  • Language. The arbitration will be conducted in English.
  • Discovery. The arbitrator may direct a reasonable, proportionate exchange of information consistent with the expedited nature of consumer arbitration.
  • Authority and relief. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this Addendum, except that the enforceability of the class action waiver in Section 3 may be decided by a court. The arbitrator may award the same individual relief that a court could award, including statutory damages and attorneys' fees where authorized by law.
  • Award. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

6. Arbitration Fees

Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, under which your filing fee is capped for consumer claims. If the arbitrator finds that your claim was not frivolous, we will pay all AAA filing, administration, and arbitrator fees that exceed your capped consumer filing fee. Each party bears its own attorneys' fees unless applicable law or the arbitrator provides otherwise.

7. Statute of Limitations; Confidentiality

Any claim must be filed within the time permitted by the applicable statute of limitations; this Addendum does not shorten it. Either party may disclose the existence and outcome of an arbitration as required by law.

8. Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver within thirty (30) days after you first accept these Terms (that is, within 30 days of creating your account, or of first accepting a version of the Terms that includes this Addendum, whichever is earlier).

To opt out, send a written notice to [email protected] (subject line: "Arbitration Opt-Out") that includes your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. We will confirm your opt-out by reply.

Opting out will not affect your access to the Service, your price, or any other Terms; it means that disputes between you and Pinary will be resolved under Section 18 of the Terms as if this Addendum's arbitration provisions did not apply. An opt-out applies only to the individual account identified in the notice.

9. Mass Filings

If twenty-five (25) or more demands for arbitration are filed against Pinary by the same or coordinated counsel or organizations raising similar claims, the parties agree that the demands will be resolved in staged proceedings: the AAA will administer an initial batch of up to ten (10) individual arbitrations, and the remaining demands will be held in abeyance (with no administration fees due for held demands, and all applicable statutes of limitations tolled) until the initial batch concludes. Following each batch, the parties will engage in a global mediation session. This process will repeat, with batch sizes the parties agree on (or, absent agreement, batches of ten), until all demands are resolved. A court of competent jurisdiction may enforce this Section, and either party may seek a stay of any demand pending compliance.

10. Severability and Survival

Except as stated in Section 3, if any portion of this Addendum is found unenforceable, that portion shall be severed and the remainder shall remain in force. This Addendum survives the termination of your account or these Terms.

11. Changes to This Addendum

If we make a material change to this Addendum, we will notify you as described in the Terms, and the change will apply only to claims arising after the change takes effect. A material change re-opens your 30-day opt-out window described in Section 8.

Effective: 2026-07-15