Terms and Conditions
Please read these terms and conditions carefully. By using this site, the User declares to have read and to accept them. If the User does not agree to these terms of use, he/she shall refrain from accessing or using this website.
Notice to the individuals exercising parental responsibility: by granting a minor permission to use this site you agree to these terms and conditions. You are responsible for monitoring and supervising your child’s access to the site and use of services by the minor. In case of access to the site and use of the services without your permission, please contact us immediately. If you have question about whether the website is appropriate for the minor, please contact us at support@arduino.cc
The use of the Arduino platform and services available on or form or through this website is subject to these terms and conditions ("Agreement") that constitute a legal and binding document for the user (“User”).
This Agreement contains an arbitration provision and class action waiver applicable to Users located in the United States of America (USA). Please review the arbitration section applicable to US users for details.
1. Arduino Services
1.1 Arduino.cc ("Site") is a platform developed and managed by Arduino S.r.l. ("Arduino") which allows Users to take part in the discussions on: the Arduino forum, the Arduino blog, the Arduino User Group, the Arduino Discord channel, and Arduino Project Hub, and to access: the Arduino main website and subsites, Arduino Cloud, Arduino Courses, Arduino EDU kit sites, Arduino Certifications, Arduino Docs, to release works within the Contributor License Agreement program and to make donations for the purpose of further developing the Arduino open source ecosystem("Platform"). The use of the Platform and Services is governed by this Agreement including the other documents and policies made available on the Platform by Arduino.
1.2 By accepting this Agreement, the User can use the services accessible through the Platform, specified under section 1.1 ("Services").
1.3 The use of the Site does not require the mandatory activation of an account, however, the use of certain Services requires the activation of a personal and unique User account ("Account").
1.4 In order to use some of the Platform functionalities, it is necessary to create an Account and to purchase a service available for a charge ("Premium Services"). Premium Services are products that the User can Purchase on the Arduino on-line shop.
2. User’s Account
2.1 If User creates an Account, a unique username and password will be associated with that Account ("Account Credentials").
2.2 The User is required to adopt whatever measures are necessary to ensure that the Account Credentials are kept secure and confidential and the User accepts liability for any loss or damage to Arduino and/or to third parties as a result of failure to comply with the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through the same and undertakes not to allow access to the Platform, the Services and the Premium Services to others through the use of his or her Account Credentials or in any manner through his or her Account. If User becomes aware of unauthorized access to his/her Account, he/she must change password and notify us immediately at privacy@arduino.cc
2.3 The User is required to provide Arduino with real, accurate information when creating the Account (and whenever they update their data) and, in order to guarantee Account security, undertakes:
not to provide false information;
not to create false or duplicate Accounts;
to update their personal information whenever requested in order to comply with the provisions of this Agreement;
not to share or transfer the Account Credentials;
not to adopt as the username or ID for his or her Account any names which breach the law or third-party rights (in such eventuality Arduino shall be entitled to suspend the registration or the Account until such time as the issue arising with regard to the aforementioned name is resolved).
2.4 If User does not verify the Account, by clicking the confirmation link sent by email during the registration process, the relevant Account will be deleted one month after the registration request.
3. User’s duties
3.1 The User acknowledges that the use of the Services and Premium Services in accordance with the Agreement is essential for the correct operation of the Platform and of the Site and for the use of the Services by the other Users. Hence, when creating, modifying and publishing content, including but not limited to software, libraries, text contents, images, video or comments (hereinafter "Content"), the User must comply with the provisions of this Agreement, with the procedures and schemes of the open-source licence adopted by the Arduino community and with the applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.
3.2 The User will use the Site and the Platform in accordance with this Agreement and for the sole purposes of correctly using the Services and the Premium Services. Specifically, the User undertakes not to:
transfer or resell the Services, the Premium Services or his or her right to use the Platform to others;
tamper with, modify or manipulate the Platform hardware without Arduino’s intervention and authorisation;
use the Site, the Services or the Premium Services if the Account has been temporarily or permanently suspended;
use the Platform to create or incorporate other datasets correlated to Arduino to be used for a service which is similar or identical to the Service or Premium Services;
provide Arduino with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties;
transfer the Account or communicate the Account Credentials to third parties without Arduino’s prior written consent;
spread viruses, malware or any other technology designed to harm the Platform, the Site, the other Users’ devices, to breach Arduino’s rights or the rights of other Users, to compromise the proper implementation of the schemes of the open source licence used by the Arduino community, or in any way to hinder or disturb the use of the Services or the Premium Services by other Users;
use bots or any other technology designed to alter the interactions or the way Services or Premium Services are enjoyed;
copy, modify or disseminate the content of the Platform, Services, Premium Services or proprietary information belonging to Arduino and/or others (without prejudice to what is provided for by the terms of the open source licences applicable to the software, if they are accessible through the Platform);
use any mechanism, software or procedure which may interfere with the proper operations of the Platform or the Site;
circumvent measures or mechanisms put in place by Arduino to ensure the security of the Platform or the Site and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);
upload to the Platform or the Site, or in any way communicate or send through the Platform or the Site to other Users content (text or graphic or any other type) which is offensive, vulgar, violent, false, harmful to Arduino’s image or contrary to law, or in breach of third parties’ rights or of the open source licences used by the Arduino community;
copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, marks, text and content belonging to Arduino or in any way found on the Platform or the Site, unless within the limitations set forth by the applicable law;
export any information outside the Platform or the Site, aside from those cases expressly governed by this Agreement or by the applicable law and without prejudice to the rights granted by the open source licenses used by the Arduino community.
3.3In order to maintain the Platform functionality at optimal and safe levels, User can report technical issues using the following Contact Form https://www.arduino.cc/en/contact-us/.
3.4 The User undertakes to indemnify and hold harmless Arduino, to the extent legally possible, from any prejudice resulting from the breach, by the User, of this Agreement.
4. Use of the Services and Premium Services
4.1 Although Arduino strives to keep the Platform operational and ensure it is accessible through the Site, and Arduino also provides technical assistance in order to resolve problems relating to the use of the Account due to Platform problems attributable to Arduino, through the Contact Form https://www.arduino.cc/en/contact-us/, under certain circumstances the access to the Platform or the Site, or the use of the Service or the Premium Services, may be interrupted, including in case of maintenance or updates. Given the characteristics of the Services and the Premium Services, the User acknowledges that Arduino will not be accountable for problems in accessing the Platform or the Site due to causes which are not directly connected to Arduino’s activities or for which it is responsible and, specifically:
problems relating to connectivity and continuity of Internet traffic available to the User;
problems relating to the User’s IT systems;
problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smartphones, tablets, computers) are not compatible or fast enough to allow use of the Services or the Premium Services;
interruption of access to the User’s Internet network;
non-compatibility between the User’s mobile device or browser and the Platform or the Site;
any other event which may compromise the User’s access to the Services, the Premium Services, the Platform (and in any case use of same) or the Site which is not caused by Arduino
4.2 Furthermore, when using Arduino Cloud Services, User is responsible to read, acknowledge and adopt the Shared Responsibility Model explained here https://www.arduino.cc/en/shared-responsibilities.
4.3 When a Premium Service requires or includes downloadable software, the latter may be automatically updated on the User’s device should a new version or function be available, or it may require manual update by User. The User shall ensure that the software is always kept updated. It being understood that in the event the Arduino software and/or an app downloaded from the Site or through links to app stores managed by third parties, the use of said software and/or app may be subject to specific licensing agreements and/or terms of use.
4.4 The Platform and Services may display and/or refer, from time to time, to links to other websites that are not owned, managed or controlled by Arduino, which the User acknowledges as being not attributable to Arduino.
5. Publishing Content
5.1 Without prejudice to any ownership rights of the User of Content which the User publishes, for the purpose of allowing the functioning of the Platform and the Site, the User grants to Arduino the non-exclusive, royalty free, transferable, sub-licensable, perpetual but revocable at any time right to use the Content published and/or updated on the Platform as well as to reproduce, modify, adapt, translate, publish and make publicly visible the Content throughout the world using any means and for any purpose and to use the username or the nickname specified in relation to the Content. Should the Content be software created by the User pursuant to the Contributor Licence Agreement, such Content shall be subject to the terms of the Contributor Licence Agreement.
5.2 The User is liable for the Content that the User publishes on the Platform and/or that the User provides to Arduino and undertakes not to publish, upload or otherwise make available to the public through the Platform or the Site Content that:
is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
offends Users, Arduino or the online community;
may constitute, encourage, promote or incite unlawful conduct;
is in breach of any patent, trademark, trade secret, copyright (meaning also licence or licence scheme, open source, GPL, Creative Commons or other standard used by the Arduino community) or any other intellectual or industrial property right, or of any other applicable law;
includes without lawful basis private or confidential information of third parties, such as addresses, phone numbers, email addresses or personal data;
constitutes promotions or trade communications;
is not relevant to the subject matter of the interactive areas in which the Content is published.
5.3 The Platform and the Site do not constitute or offer a backup service in favour of the User who agrees, therefore, not to rely on the Services for the purpose of saving or storing Content.
5.4 The User acknowledges that the Content is not subject to prior verification by Arduino, except to the extent specifically indicated. Therefore, the User declares and agrees that he/she is solely responsible - to Arduino, other Users, third parties, and the competent authorities - for what is uploaded to the Site or Platform.
5.5 The User may delete their Content at any time. Upon such deletion, the relevant Content will no longer be visible to other Users, subject to technical time to allow for removal. Notwithstanding the foregoing, Content may continue to exist in other locations within the Platform or Site in the event that:
(i) the Content has been used by other Users in compliance with the licence set forth below and has not been removed;
(ii) immediate deletion may limit Arduino’s ability to detect or investigate unlawful activities or initiatives in violation of these Agreement, to comply with a legal obligation, or to comply with a request made by a competent authority.
In such cases, Content will be retained for the period necessary in connection with the stated purposes.
5.6 In the sections “Forum” and “Project Hub” of the Site, the Content made available to the User may be sorted on the basis of the following criteria (depending on those which will be available from time to time):
1. category, i.e. on the basis of the characteristics of the Content depending on the selection made when uploading the Content;
2. date, i.e. by prioritizing the most recent Content;
3. popularity, i.e. by prioritizing the Content with the highest number of interactions;
4. appreciation, i.e. by prioritizing the Content which received a greater number of positive feedback indications by the Users;
5. difficulties in the performance of the project, in order to allow the User to identify the Content which fits their needs.
6. Industrial and Intellectual Property
6.1 The User acknowledges that:
the industrial property rights used on the Platform and Site – specifically the Arduino word and logo trademarks (see https://www.arduino.cc/en/trademark) – as well as the domain names inclusive of the sign "Arduino" are exclusive property of Arduino;
Arduino has exclusive title to the intellectual and industrial property rights in respect of the Platform, the software and the databases connected to the Platform, the Site, the text, artwork, layout and the look and feel of the Platform and the Site (with the exception of the Content of Users and for the content released or anyway made available pursuant to public licence agreements, open source, GPL, LGPL, Creative Commons or other non-proprietary licences);
Arduino has exclusive title to the Arduino project, the related know-how and all technical and trade information relating to it;
and the User undertakes not to infringe or negatively affect these rights.
6.2 The User is prohibited to:
1. translate, decompile or reverse-engineer the Platform or the Site, or engage in any other activity designed to identify the algorithms and logic of the Platform's or the Site’s operation, unless to the extent expressly allowed by Arduino or by the applicable licence agreements in place;
2. extract or make copies of the information contained in the Platform or in the Site (except with respect to Content owned by Users), make derivative works from the Platform or the Site, reuse the Platform or the Site, or make any other use of the Platform or Site other than as set forth in this Agreement or permitted by applicable law.
6.3 The User represents to be the owner of each and every exploitation right required to lawfully publish Content on the Platform and undertakes not to publish Content on the Platform of any type the use of which might constitute an infringement of third party rights (meaning also the breach of the terms of the public licence agreements, open source, GPL, LGPL, Creative Commons or other non-proprietary licence schemes normally used by Arduino community). To the fullest extent permitted by law, the User undertakes to indemnify and hold Arduino harmless from and against any prejudice arising from claims or demands raised by third parties in relation to the unauthorized use of the Platform, the Site or the Contents.
In order to gather information on the right to obtain the authorization to use the contents made available on the Platform or Site, the User can write an email to support@arduino.cc.
6.4 Should the Site allow the downloading of specific contents, the download of a copy – unless otherwise indicated – shall be only on one computer device, for personal and not commercial use. In addition, the User shall:
not remove or alter ownership or copyright notices in the downloaded content;
not sell or modify the content, or reproduce, view, publicly use, distribute or utilise same in any other manner for public or commercial purposes without Arduino’s prior written authorisation;
not use the downloaded content in such a manner as to suggest any association with Arduino products, services or trademarks.
It is further prohibited to copy (being known as "mirror") any Site or Platform contents to any other server. Unless otherwise indicated, the use of the Site or Platform contents on other websites or on networked computers for any purpose is prohibited without Arduino’s written authorisation. The above is without prejudice to the use of the software obtained pursuant to public licence agreements, open source, GPL, LGPL, Creative Commons or other non-proprietary licence.
6.5 With reference to trademarks, logos and service marks of Arduino ("Marks"), the User can refer to the information made available at https://www.arduino.cc/en/trademark. Except for different indications provided in writing by Arduino, any use of the Marks is subject to the prior written authorization of Arduino. For any information or request for use of the Marks, the User can contact Arduino at email: trademark@arduino.cc.
7. Term –Termination of the Agreement and Cancellation of the Account
7.1 Except for the specified term which might be provided for the Premium Services, this Agreement is open-ended and shall cease to be effective in the event of termination, in the event of closure of the Account and cessation of Arduino’s activity.
7.2 The User is entitled to cancel its Account once logged-in by following the relevant cancellation procedure that will be confirmed by email. Arduino shall cancel the Account within 7 working days from the completion of such procedure and the posts in the Forum and in Project Hub will be anonymised, by deleting all personal data which may identify the relevant User.
7.3 Should the User be inactive for 24 months, Arduino will close the Account, upon suitable prior notice delivered to the User. It remains understood that, upon expiration of such notice period, Arduino will only retain the username used in the Forum and in Project Hub, as long as posts/comments have been published in these sections.
8. Changes to the Agreement
8.1 Arduino reserves the right to modify the Agreement by publishing the new version on the Site. Unless otherwise specified, all the new terms of use of the Agreement shall be automatically effective 15 (fifteen) days after the date of publication on the Platform and relevant communication to the User. It remains understood that, should the User be willing not to accept the changes to the Agreement made by Arduino, the User may at any time delete their Account and interrupt any use of the Platform and Site. Their continued use of the Site after such 15 (fifteen) day period indicates their acceptance of the new terms of use.
9. Assignment of the Agreement
9.1 Arduino may assign this Agreement, in whole or part, to any affiliate or parent company.
10. Privacy and protection of personal data
10.1 The User’s personal data shall be processed in accordance with the privacy policy statement available at https://www.arduino.cc/en/Main/PrivacyPolicy.
11. Communications – Point of contact for the authorities and recipients of the services
11.1 Without prejudice to any other provision of this Agreement, the User may contact Arduino at:
Arduino S.r.l. (Italian VAT and tax registration number 09755110963)
Via Agostino da Montefeltro 2, Torino, 10134, Italy
11.2 For the purposes of the Regulation (EU) 2022/2065 (Digital Services Act), it is possible to reach the single point of contact for the authorities and the recipients of the services at the following address: DSA@arduino.cc (“DSA Point of Contact”). Any communication can be delivered to the DSA Point of Contact in Italian and English.
12. Moderation of the Contents, restrictions imposed on the User and complaints
12.1 In order to safeguard the digital environment of the Platform and the Site, and to allow activities to be conducted in compliance with applicable law, Arduino may take non-automated initiatives to detect, identify and counteract illegal content (i.e., information that does not comply with European Union law or any Member State's law that complies with European Union law) and information that is incompatible with this Agreement.
Moreover, for the same purposes, as part of the provision of intermediary services (i.e., with reference to the “Forum” and “Project Hub” sections of the Site), Arduino set up a mechanism to allow Users - as well as other persons or entities - to electronically report (“Reports”) the presence on the Platform of information that is believed to constitute illegal content or is in violation of this Agreement (“Reporting Mechanism”).
12.2 The Reporting Mechanism may be activated:
1. directly through the content in question;
2. through the “Reporting Violations” section available at [insert link];
by filling in all the required fields with a view to submitting sufficiently precise and adequately reasoned Reports that allow Arduino to acquire effective knowledge or awareness to identify the illegality of the relevant activity or information without detailed legal examination.
12.3 After sending the Report, to which a unique identification number will be attributed, Arduino will send an acknowledgement of receipt to the person making the Report and will inform them without undue delay and in a proportionate manner of its decision (which will be based on the information provided by the person making the Report and on the provisions of the applicable law).
12.4 For the purposes of assessing and deciding on Reports, Arduino shall give priority to Reports submitted by trustworthy reporters, as recognised by the Italian Communications Authority (AGCOM) and resulting from the public list kept by said Authority.
12.5 With reference to possible breaches or infringements carried out by the User, without prejudice to Arduino's right to send prior warnings:
1. in case of sharing of the Account Credentials with a third party (Section 2.2), Arduino may delete and close the Account of the User;
2. in case of a breach of the provisions of Section 2.3 (relating to User's Account information), Arduino may suspend the User’s registration or Account until the issue is resolved, or suspend the Account (if already registered) until a username that does not infringe this Agreement or applicable law is used;
3. in case of breach of the obligations related to the use of the Platform and the Site (Section 3.2), as well as of infringement of Arduino's rights (Section 7.2), Arduino may suspend the User's Account or, based on the seriousness of the conduct, delete and close the User's Account;
4. in the event that User uploads Content in breach of this Agreement (Section 5.2), including with respect to third party rights, Arduino may delete the relevant Content and, based on the severity of the conduct, suspend User's Account. In the event of repeated uploads of Content in violation of this Agreement, Arduino may also delete and terminate your Account;
5. in case of infringement by the User of third parties' intellectual or industrial property rights, according to the provisions of Section 8, or of provisions set forth by the applicable law, Arduino reserves the right to suspend the User's Account or, based on the seriousness of the conduct, delete and close the User's Account.
12.6 The restrictions adopted by Arduino shall be without prejudice to Arduino's right to seek recourse to judicial remedies or alternative dispute resolution.
12.7 If a restriction is imposed on the User, Arduino will provide the User with a statement of reasons no later than the date from which the restriction is imposed. The statement of reasons will contain the following information:
1. the type and duration (if applicable) of the restriction imposed (e.g. content removal, Account suspension or Account deletion);
2. an indication of the circumstances on which the decision was based (including, if applicable, an indication of whether the decision was based on a third-party report or pursuant to a direct initiative by Arduino);
3. if applicable, an indication of whether the content was identified by, or the decision was made with the aid of, automated tools;
4. a reference to the statutory provision or clause of this Agreement that is alleged to have been violated, including an explanation of the grounds for the decision;
5. an indication of the remedies available to the User (in the absence of any indication, the User may refer to the following).
12.8 The User is entitled to use the complaints management system (“Complaints”) to challenge the decisions (“Decisions”) adopted by Arduino:
1. resulting from the receipt of a Report through the Reporting Mechanism;
2. indicating (to the extent applicable) whether to:
a. remove Content or disable access to it or restrict its visibility;
b. suspend or terminate in whole or in part the provision of services to the User;
c. suspend or terminate the User's account;
d. suspend, terminate or otherwise limit the ability to monetise the information provided by the User.
The internal system for handling Complaints can be activated, by sending an email to DSA@arduino.cc, within 6 (six) months from the day the Decision is communicated.
Arduino shall communicate its reasoned decision regarding a Complaint without undue delay, also highlighting the possibility of recourse to out-of-court dispute resolution procedures.
12.9 After issuing a prior notice, Arduino may suspend for a reasonable period of time:
1. the provision of services to Users who frequently submit manifestly illegal Content;
2. the processing of Reports and Complaints filed by persons, entities or complainants who frequently submit manifestly unfounded Reports or Complaints.
For the purpose of evaluating a suspension, Arduino will assess - on a case-by-case basis and in a timely, diligent and objective manner - whether the User, person, entity or complainant is committing abuse, taking into account all relevant facts and circumstances that are apparent from the information available to Arduino and that will include, at a minimum:
a. the number, in absolute terms, of manifestly illegal content or manifestly unfounded Reports or Complaints filed within a given timeframe
b. the relative proportion in relation to the total number of information or Complaints filed within a given time frame;
c. the seriousness of the abuse, including the nature of the illegal contents, and the relevant consequences;
d. where identifiable, the intention of the user, person, entity or complainant.
12.10 The User has the right to refer to alternative disputes resolution entities certified by the Italian Communications Authority (“AGCOM”) in case of disputes related to Decisions and Complaints that could not be resolved through the above system. Arduino undertakes to refer to such certified bodies in good faith in order to resolve the dispute, without prejudice to Arduino's right to refuse to refer to the same certified bodies in the event of a dispute that has already been resolved as well as in the other cases envisaged by the regulations in force.
12.11 This Section 12.11 shall only apply to the extent the Digital Millenium Copyright Act is applicable.
Arduino respects third parties’ intellectual property rights and expects Users to do the same. Arduino will respond to notices of alleged copyright infringement that comply with applicable law and are properly. Without prejudice to the above, if you believe that copyright on work has been infringed by a User, please provide us (at trademark@arduino.cc) with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13. Miscellaneous
13.1 If the User is acting as a consumer who ordinarily resides in a member state of the European Union, this Agreement shall be governed by the law of that country and any actions or disputes shall be submitted to the jurisdiction of the competent court in that country in the place where the User consumer has their residence or domicile.
In any other case, except in case any mandatory provision provides otherwise, this Agreement shall be governed and construed in accordance with laws of Italy.
13.2 Without prejudice for the foregoing, the User who is acting as a consumer may also use the European Online Dispute Resolution Platform. In order to obtain any details concerning the European ODR Platform or to bring proceedings through the same with reference to this Agreement, the following link shall be used: http://ec.europa.eu/odr along with Arduino’s email address legal@arduino.cc.
14. Dispute Resolution for Users located in the United States
This Section 14 shall only be applicable to Users located in the United States of America (USA)
14.1 Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at legal@arduino.cc, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in this Agreement to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
14.2 Arbitration Agreement & Waiver of Certain Rights
You and Arduino agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Arduino or you and a third-party agent of Arduino (“Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Arduino S.r.l., legal@arduino.cc, Attention: Legal Department. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Agreement will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Arduino will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Arduino from seeking action by federal, state, or local government agencies. You and Arduino also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Arduino retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Arduino may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Arduino’ individual Claims.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration, you and Arduino each waive any right to a jury trial. No waiver of any provision of this Section of this Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Agreement will survive the termination of your relationship with Arduino.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ARDUINO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against Arduino at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (“Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Arduino. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Arduino will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Arduino. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Arduino will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Arduino Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.