Section I — Scope, Structure, and Applicability

I.1 Purpose and Scope

This Dispute Resolution Policy establishes a tiered, graduated framework for resolving disputes between a Member and OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) arising out of or relating to:

• Membership enrollment, access, or termination
   

• Use of OpenMic-operated platforms, portals, or tools
   

• Application or enforcement of OpenMic policies
   

• Billing, payments, or fee-related matters
   

• Content moderation, access restrictions, or program eligibility decisions
   

This Policy is intended to promote efficient, fair, and proportionate resolution, with informal resolution as the default and arbitration as a final backstop.

 

I.2 Relationship to the Membership Agreement

This Policy is incorporated by reference into, and governed by, the Membership Agreement. It is procedural in nature and does not create substantive rights, remedies, or obligations beyond those set forth in the Membership Agreement or applicable law.

In the event of any conflict between this Policy and the Membership Agreement, the Membership Agreement controls.

 

I.3 Disputes Covered

This Policy applies only to disputes between a Member and OpenMic (“Covered Disputes”), including claims based in contract, statute, tort, equity, or otherwise, to the extent permitted by law.

Covered Disputes include challenges to OpenMic’s decisions, actions, or inactions taken in connection with the membership or OpenMic-related activities.

 

I.4 Explicit Exclusions

This Policy does not apply to:

• Disputes between Members or involving third parties
   

• Criminal matters or reports to law enforcement
   

• Claims arising solely from third-party platforms, processors, or service providers
   

• Matters expressly governed by a separate written agreement that provides its own dispute resolution mechanism
   

Such matters are excluded from this Policy and may be pursued through appropriate external channels.

 

I.5 Tiered Dispute Resolution Framework

Disputes covered by this Policy are subject to the following tiered framework, which is designed to escalate only as necessary:

1. Tier 1 — Informal Resolution
    

2. Tier 2 — Internal Review & Appeal
    

3. Tier 3 — External Resolution Options
    

4. Tier 4 — Arbitration
    

No Party is required to pursue escalation beyond what is reasonably necessary to address the dispute, except where completion of a tier is expressly designated as a condition precedent to the next stage.

 

I.6 No Mandatory Escalation Beyond Necessity

Completion of one tier does not obligate a Party to pursue further escalation if the dispute is resolved, withdrawn, or otherwise concluded at an earlier stage.

Nothing in this Policy requires settlement, admission of liability, or waiver of rights as a condition of participating in any tier.

 

I.7 Prospective Application

This Policy applies prospectively to disputes arising after its effective date. It does not retroactively alter the resolution process for disputes that arose prior to its adoption, except as permitted by law and the Membership Agreement.

 

 

Section II — Tier 1: Informal Resolution

II.1 Mandatory Informal Resolution Requirement

Before initiating any formal dispute resolution process under this Policy, the Member and OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) agree to first attempt to resolve the dispute through good-faith informal resolution efforts.

This informal resolution process is intended to provide a practical, low-friction opportunity to address concerns without litigation or arbitration.

 

II.2 Pre-Dispute Notice

To initiate informal resolution, the Member must provide OpenMic with written notice of the dispute (“Dispute Notice”) using the contact method designated by OpenMic, which may include:

• Email to the address specified in the Notices Policy
   

• Submission through an online portal, intake form, or ticketing system
   

The Dispute Notice must include, to the extent reasonably available:

• The Member’s name and contact information
   

• A clear description of the issue or decision being challenged
   

• The relevant dates, actions, or communications
   

• The relief or outcome the Member is seeking
   

Incomplete or vague notices may delay the informal resolution process.

 

II.3 Cure and Waiting Period

Upon receipt of a valid Dispute Notice, the Parties agree to a waiting and cure period of thirty (30) days, unless otherwise required by applicable law.

During this period:

• The Parties will engage in good-faith efforts to understand and resolve the dispute
   

• OpenMic may investigate, clarify policy application, or propose corrective action
   

• No arbitration or formal legal proceeding may be initiated with respect to the dispute
   

 

II.4 Tolling of Deadlines

Any applicable contractual or policy-based deadlines relating to the dispute shall be tolled during the informal resolution period, beginning on OpenMic’s receipt of the Dispute Notice and ending upon expiration of the waiting period or earlier resolution.

 

II.5 Good-Faith Engagement Standard

Both the Member and OpenMic agree to participate in the informal resolution process in good faith, which includes:

• Providing reasonably requested information
   

• Engaging respectfully and constructively
   

• Considering proposed resolutions in good faith
   

Participation in informal resolution does not require either Party to settle, concede liability, or waive any rights.

 

II.6 Permitted Informal Resolutions

Informal resolution may result in outcomes such as, without limitation:

• Clarification of policy interpretation or application
   

• Correction of administrative or billing errors
   

• Adjustment of access, privileges, or account status
   

• Account credits or discretionary accommodations (if any)
   

Any resolution reached through this process is non-precedential and applies only to the specific dispute.

 

II.7 Conclusion of Informal Resolution

If the dispute is resolved during the informal resolution period, the matter is concluded and no further action is required.

If the dispute is not resolved after completion of the informal resolution process, the Member may request escalation to Tier 2 — Internal Review & Appeal, subject to the terms of this Policy.

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Section III — Tier 2: Internal Review & Appeal

III.1 Purpose of Internal Review

The internal review and appeal process is a procedural safeguard designed to reassess the application of OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) policies, decisions, or enforcement actions before escalation to external dispute resolution.

Internal review is intended to promote consistency, accuracy, and fairness. It is not a mediation, arbitration, or judicial proceeding.

 

III.2 Optional, Request-Based Escalation

Following completion of Tier 1 (Informal Resolution), a Member may request internal review. Internal review is not automatic and must be affirmatively requested by the Member in accordance with the procedures designated by OpenMic.

OpenMic may also initiate internal review at its discretion where it determines that additional review is appropriate.

 

III.3 Scope of Review

Internal review is limited to evaluating:

• Whether applicable policies were correctly identified and applied
   

• Whether enforcement or administrative decisions were made in accordance with established procedures
   

• Whether relevant information was reasonably considered
   

Internal review does not include:

• Re-litigation of factual disputes
   

• Discovery or evidentiary hearings
   

• Assessment of damages or legal liability
   

 

III.4 Non-Binding and Procedural Nature

Internal review is non-binding and does not create precedent or modify OpenMic’s policies or contractual obligations.

Any determination or response issued as part of internal review reflects OpenMic’s internal assessment only and does not constitute an admission of fault, liability, or wrongdoing.

 

III.5 Review Process and Timing

Upon receipt of a valid request for internal review:

• OpenMic will acknowledge the request
   

• Review may be conducted by personnel not directly involved in the original decision, where practicable
   

• OpenMic will complete the review within a reasonable, time-bound period, which may vary based on the nature and complexity of the issue
   

OpenMic may request additional information from the Member but is not required to do so.

 

III.6 Completion as Condition Precedent

Where internal review is requested by the Member, completion of the internal review process—or expiration of the applicable review period—shall constitute a condition precedent to initiating arbitration under this Policy, except where an express carve-out applies.

 

III.7 No Obligation to Reverse or Modify Decisions

OpenMic is not obligated to reverse, modify, or grant relief as a result of internal review. The internal review process does not limit OpenMic’s discretion to manage the membership, platform, or programs in accordance with the Membership Agreement and incorporated Policies.

 

III.8 Conclusion of Internal Review

Upon completion of internal review, OpenMic will notify the Member of the outcome. If the dispute remains unresolved, the Member may pursue applicable Tier 3 external resolution options or Tier 4 arbitration, as permitted under this Policy.

 

Section IV — Tier 3: External Resolution Options

This Section provides limited, narrowly tailored external resolution options that may be pursued without completing arbitration, where doing so is reasonable, efficient, or legally required.

 

IV.1 Small Claims Court Carve-Out

Notwithstanding any provision of this Policy, either Party may bring an individual claim in a small claims court of competent jurisdiction, provided that:

• The claim falls within the monetary and jurisdictional limits of the small claims court
   

• The claim is brought on an individual basis only
   

• The claim does not seek class, collective, representative, or consolidated relief
   

If a claim is transferred, appealed, or otherwise removed from small claims court, it shall be subject to the arbitration provisions of this Policy unless otherwise prohibited by law.

 

IV.2 Injunctive and Equitable Relief

Either Party may seek injunctive or equitable relief in a court of competent jurisdiction, without first completing arbitration, where such relief is necessary to prevent actual or threatened harm, including but not limited to:

• Misuse, disclosure, or misappropriation of intellectual property
   

• Breach or threatened breach of confidentiality obligations
   

• Fraud, impersonation, or deceptive conduct
   

• Unauthorized access to, or abuse of, OpenMic platforms, systems, or tools
   

Seeking injunctive or equitable relief does not waive the right to pursue arbitration for other claims subject to this Policy.

 

IV.3 No Expansion of Substantive Rights

The carve-outs set forth in this Section are procedural exceptions only and do not expand or create substantive rights, remedies, or causes of action beyond those otherwise available under the Membership Agreement or applicable law.

 

IV.4 Coordination With Other Tiers

Where a dispute is resolved through small claims court or injunctive relief under this Section, no further escalation is required with respect to the specific relief obtained.

Claims or issues not resolved through these external options remain subject to the remaining tiers of this Policy, including arbitration where applicable.

 

IV.5 Preservation of Arbitration as Final Backstop

Nothing in this Section alters the Parties’ agreement that arbitration, where applicable, remains the final backstop for Covered Disputes not otherwise resolved through informal resolution, internal review, or the limited external options described herein.

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Section V — Tier 4: Arbitration

V.1 Arbitration Election and Scope

Except as expressly provided in Section IV (External Resolution Options), any Covered Dispute that is not resolved through Tier 1 (Informal Resolution) and, if requested, Tier 2 (Internal Review & Appeal), shall be resolved through final and binding individual arbitration, rather than in court.

Arbitration applies only to disputes between the Member and OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) and does not apply to disputes excluded under Section I.4.

 

V.2 Individual Arbitration Only

Arbitration shall be conducted on an individual basis only. The Parties expressly waive any right to bring or participate in:

• Class actions
   

• Collective actions
   

• Representative actions
   

• Consolidated arbitrations
   

This waiver applies to arbitration and to the fullest extent permitted by law.

 

V.3 Relationship to Prior Tiers

Initiation of arbitration is permitted only after:

• Completion of Tier 1 (Informal Resolution), and
   

• Completion or expiration of Tier 2 (Internal Review), if such review was requested
   

These steps are conditions precedent to arbitration, except where a carve-out under Section IV applies or where prohibited by applicable law.

 

V.4 Arbitration Administration and Rules

Arbitration shall be administered by a neutral arbitration provider selected by OpenMic, such as the American Arbitration Association (AAA), JAMS, or another comparable provider.

Unless otherwise required by law:

• Arbitration shall proceed under the provider’s applicable consumer or commercial arbitration rules, as appropriate
   

• Arbitration may be conducted virtually, by telephone, or in person, at OpenMic’s election, subject to the provider’s rules
   

 

V.5 Fees and Cost Allocation

Each Party shall bear its own attorneys’ fees and costs unless otherwise required by applicable law or expressly awarded by the arbitrator.

Arbitration fees and administrative costs shall be allocated in accordance with the applicable arbitration provider’s rules, subject to any statutory limitations.

Nothing in this Policy limits OpenMic’s ability to seek recovery of fees or costs where permitted by law.

 

V.6 Arbitrator Authority and Limitations

The arbitrator shall have authority to resolve only the individual dispute submitted and may award only those remedies available under applicable law and the Membership Agreement.

The arbitrator may not:

• Award relief on a class, collective, or representative basis
   

• Award punitive or exemplary damages, except where required by law
   

• Modify, invalidate, or expand the Membership Agreement or incorporated Policies
   

 

V.7 Finality and Enforcement

The arbitrator’s decision shall be final and binding on the Parties and may be entered and enforced in any court of competent jurisdiction.

 

V.8 Severability

If any portion of this arbitration provision is found to be invalid or unenforceable, such portion shall be severed, and the remainder of this Section shall remain in full force and effect to the fullest extent permitted by law.

 

Section VI — Legal Coordination & Limits

VI.1 Governing Law and Venue Coordination

This Dispute Resolution Policy is governed by, and shall be construed in accordance with, the governing law provisions set forth in the Membership Agreement.

Nothing in this Policy modifies, expands, or overrides the governing law, venue, or jurisdiction provisions of the Membership Agreement. This Policy is procedural only and does not establish an independent venue or forum.

 

VI.2 Deference to the Membership Agreement

All dispute resolution under this Policy is subject to the rights, limitations, disclaimers, and remedies set forth in the Membership Agreement and incorporated Policies.

This Policy does not create substantive rights, causes of action, or remedies beyond those expressly provided in the Membership Agreement or required by applicable law.

 

VI.3 Fees, Costs, and Remedies

Unless otherwise required by applicable law or expressly provided in a separate written agreement:

• Each Party bears its own attorneys’ fees and costs
   

• Available remedies are limited to those permitted under applicable law and the Membership Agreement
   

• No class-wide, collective, or representative relief may be awarded
   

Nothing in this Policy authorizes punitive or exemplary damages except where such damages are expressly required by law.

 

VI.4 Time Limits and Claim Deadlines

To promote timely and efficient resolution, Covered Disputes must be initiated within a reasonable time after the events giving rise to the dispute, subject to:

• Any applicable statutes of limitation
   

• Tolling during Tier 1 (Informal Resolution) and Tier 2 (Internal Review), as provided in this Policy
   

Failure to initiate a dispute within applicable time limits may result in waiver of the claim to the extent permitted by law.

 

VI.5 Confidentiality of the Dispute Process

To the fullest extent permitted by law, the dispute resolution process under this Policy—including informal resolution communications, internal review materials, and arbitration proceedings—shall be treated as confidential by the Parties.

Confidentiality does not apply where disclosure is required to:

• Comply with legal or regulatory obligations
   

• Enforce or challenge an arbitration award
   

• Seek injunctive or equitable relief
   

• Respond to lawful governmental or court orders
   

 

VI.6 Statutory Compliance

Nothing in this Policy is intended to limit or waive rights that cannot be waived under applicable law, including mandatory consumer protection or arbitration statutes.

If any provision of this Policy is found to conflict with non-waivable legal requirements, such provision shall be modified or severed to the minimum extent necessary to achieve compliance, without affecting the remainder of the Policy.

 

VI.7 Survival

The provisions of this Section VI, and any other provisions of this Policy that by their nature are intended to survive, shall survive termination of membership or resolution of any dispute.

Section VII — Operations, Infrastructure & Governance

VII.1 Digital Notice and Electronic Communications

All notices, submissions, acknowledgments, and communications relating to disputes under this Policy may be delivered electronically, including via:

• Email to the address on record for the Member
   

• Online portals, dashboards, or account interfaces
   

• Digital intake forms or ticketing systems
   

Electronic records, timestamps, confirmation messages, and access logs may be used to evidence notice, submission, receipt, and participation to the fullest extent permitted by law.

 

VII.2 Automated Intake and Case Management

OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) may administer dispute resolution processes using operational tools and systems, including:

• Customer support or CRM platforms
   

• Ticketing or workflow management systems
   

• Automated acknowledgments and status updates
   

• Internal routing or escalation logic
   

Use of such systems does not alter the substantive rights or obligations of the Parties and is intended solely to improve efficiency, consistency, and recordkeeping.

 

VII.3 Use of Automation and AI-Assisted Tools

OpenMic may use automation, analytics, or AI-assisted tools to support intake, triage, categorization, or prioritization of disputes, provided that:

• Final decisions affecting rights or outcomes are subject to human review where appropriate
   

• Use of such tools remains consistent with this Policy, the Membership Agreement, and applicable law
   

Automation may be used to identify patterns, streamline responses, or flag issues for further review.

 

VII.4 Policy Modification and Versioning

OpenMic may modify or update this Policy from time to time on a prospective basis only, in accordance with the Membership Agreement and incorporated Policies framework.

Material changes will be communicated through reasonable notice methods, including electronic notice. Continued participation in the membership following the effective date of an updated Policy constitutes acceptance of the revised Policy.

OpenMic may maintain version histories and effective dates for audit, compliance, and governance purposes.

 

VII.5 Relationship to Other Policies

This Dispute Resolution Policy:

• Applies only to disputes between a Member and OpenMic
   

• Does not apply to disputes between Members or involving third parties
   

• Operates in coordination with other incorporated Policies, including Billing, Conduct & Etiquette, Community Guidelines, Confidentiality, and Privacy
   

In the event of a conflict, the Membership Agreement controls, followed by this Policy, unless expressly stated otherwise.

 

VII.6 Infrastructure Scalability and Platform Migration

This Policy is designed to remain effective regardless of changes to OpenMic’s operational infrastructure, including:

• Platform upgrades or migrations
   

• Changes to payment processors or service providers
   

• Expansion to new regions, products, or membership tiers
   

Dispute resolution obligations and procedures shall continue to apply notwithstanding such changes.

 

VII.7 No Third-Party Beneficiaries

This Policy is intended solely for the benefit of OpenMic and its Members and does not create rights in any third party.