Dispute resolution

1. Commitment to Fair Dispute Resolution

1.1. General Principles

VIUZI ESP, SL is committed to the fair, transparent and efficient resolution of disputes that may arise in the context of using the Viuzi platform. This Policy establishes the mechanisms and procedures available for dispute resolution, with the aim of:

• Ensuring equitable treatment for all parties involved.
• Providing accessible, clear and proportionate mechanisms for the type of dispute.
• Resolving disputes in a timely manner, minimising the need to resort to judicial proceedings.
• Complying with obligations arising from Regulation (EU) 2019/1150 on fairness and transparency for professional users of online intermediation services (P2B Regulation).

VIUZI ESP, SL acknowledges that it simultaneously acts as an interested party (commissions), mediator and decision-maker in internal proceedings. To mitigate this conflict of interest, decisions taken at Step 3 are made by staff outside the commercial team. The parties retain in all cases the right to challenge the decision before external mediation or courts.

1.2. Scope of Application

This Policy applies to all disputes arising between:

• Service Providers and Service Requesters.
• Platform users and VIUZI ESP, SL.
• Third parties affected by content or activities carried out through the platform.

Disputes must be initiated within a maximum of 90 calendar days from the event that gives rise to them, without prejudice to the limitation periods established by applicable legislation.

The ninety (90) day period refers exclusively to the initiation of the internal dispute resolution procedure through the Platform. This period does not limit or replace the limitation periods established by applicable legislation for the exercise of legal actions before the ordinary courts (Section 10).

2. Types of Disputes

2.1. Service Quality Disputes

Disputes between a Service Provider and a Service Requester related to:

• The quality or outcome of the service provided.
• The scope of work performed versus what was agreed.
• Non-compliance with service deadlines or conditions.
• Damages arising from the provision of the service.

Determinative evidence for this type of dispute: the job description agreed between the parties and the service delivery documentation.

2.2. Payment Disputes

Disputes related to financial aspects of transactions made through the platform, including:

• Payment amounts (discrepancies between what was agreed and what was charged).
• Refund requests.
• Chargebacks made through the payment processor.
• Disputes about platform commissions.
• Delays in payment settlement.

Determinative evidence for this type of dispute: Stripe records and Platform transaction confirmations.

2.3. Account Disputes

Disputes between a user and VIUZI ESP, SL related to:

• User account suspensions.
• User account terminations.
• Appeals of moderation decisions affecting account status.
• Functional restrictions imposed on an account.

Determinative evidence for this type of dispute: the infringement history documented on the Platform.

2.4. Content Disputes

Disputes related to content published on the platform, including:

• Reviews and ratings considered unfair, false or defamatory.
• Content moderation decisions (removal, hiding or flagging of content).
• Allegations of intellectual property infringement (additionally regulated by the Intellectual Property Policy).

3. Internal Resolution Process

The internal dispute resolution procedure is free of charge and easily accessible for all Users, in accordance with Article 11(1) of Regulation (EU) 2019/1150.

3.1. Step 1: Direct Communication Between the Parties

Timeframe: 14 calendar days from identification of the dispute.

Initiation of the procedure. To initiate a formal dispute, the claimant must: (a) access the 'My Jobs' section in their control panel; (b) select the job that is the subject of the dispute; (c) click the 'Open Dispute' button available for jobs in WORK_DONE, COMPLETED or SETTLED status; (d) complete the claim form indicating the type of dispute, description of the facts and the requested resolution; (e) attach available supporting documentation. Alternatively, the dispute may be initiated by written communication to complaints@viuzi.com indicating the job reference number.

Before resorting to platform mediation, the parties must attempt to resolve the dispute through direct communication using the Viuzi platform's messaging system.

Procedure:

1. The claiming party will initiate a communication through the platform's messaging system, clearly and thoroughly describing the subject of the dispute.
2. The responding party must reply within 5 calendar days of receiving the communication.
3. Both parties will negotiate in good faith to reach a mutually acceptable solution.
4. If an agreement is reached, both parties will confirm the terms of the agreement through the platform.

Possible outcome: Amicable agreement between the parties without platform intervention.

3.2. Step 2: Platform Mediation

Timeframe: 21 calendar days from the request for mediation.

If the parties are unable to resolve the dispute through direct communication within the established timeframe, either party may request platform mediation.

Procedure:

1. The claiming party will submit a mediation request through the platform or by email to: legal@viuzi.com
2. The request must include:
   • Identification of the parties involved.
   • Detailed description of the dispute.
   • Relevant evidence (screenshots, messages, photographs, documents).
   • The desired outcome for the claimant.
3. VIUZI ESP, SL will notify the responding party about the mediation request within 3 working days.
4. The responding party will have 7 calendar days to submit their version of the facts and evidence.
5. VIUZI ESP, SL's support team will review all information submitted by both parties.
6. VIUZI ESP, SL may request additional information from either party.

Possible outcome: Non-binding resolution proposal formulated by VIUZI ESP, SL's support team.

3.3. Step 3: Platform Decision

Timeframe: 14 calendar days from completion of the review.

If mediation does not result in an agreement, VIUZI ESP, SL will issue a decision on the dispute.

Procedure:

1. A senior VIUZI ESP, SL team member (different from the one who conducted the mediation and outside the commercial team) will independently review the case.
2. The decision will consider:
   • The evidence submitted by both parties.
   • The platform's Terms and Conditions.
   • The good faith and reasonableness of the parties' positions.
   • Precedents in similar disputes.
3. The decision will be communicated to both parties in writing, including the reasons underlying it.

Effects of the decision:

• The platform's decision is binding with respect to the actions that VIUZI ESP, SL can take within the platform (for example, refunds through the platform, content removal, account suspensions).
• The platform's decision does not prevent the parties from resorting to the external dispute resolution mechanisms described in Section 4.
• The decision will be executed within 5 working days following its communication, unless an external appeal is submitted.

4. Platform Interim Measures

VIUZI ESP, SL may adopt interim measures (temporary account suspension, restriction of functionalities, provisional retention of funds pending settlement) when there are reasonable indications of fraud, serious non-compliance or risk to the security of the platform or its users.

Criteria: The adoption of interim measures will require documented evidence of the conduct motivating the measure.

Notification: The interim measure will be notified to the affected user in advance, except in urgent cases where prior notification could frustrate the purpose of the measure, in which case notification will be made as soon as possible and in any case in accordance with Article 4(4) of the P2B Regulation.

Maximum duration: 30 calendar days, extendable with express reasoning and notification to the affected user.

Urgent review: The affected user may request an urgent review of the interim measure, which will be resolved within a maximum of 5 working days.

5. External Escalation Options

If a party is not satisfied with the platform's decision, or if the nature of the dispute requires it, the following escalation options are available:

5.1. Alternative Dispute Resolution for P2B Relationships

In accordance with Article 12 of Regulation (EU) 2019/1150 on fairness and transparency for professional users of online intermediation services, VIUZI ESP, SL identifies the following mediators for the resolution of disputes between the platform and professional users:

• mediation service of the Official Chamber of Commerce, Industry and Navigation of Málaga
  • Address: C/ Cortina del Muelle 23, 29015 Málaga, Spain
  • Website: https://www.camaramalaga.com

The primary designated mediator for P2B disputes pursuant to Article 12 of Regulation (EU) 2019/1150 is the mediation service of the Official Chamber of Commerce, Industry and Navigation of Málaga, based in the European Union.

Note on CEDR: As an alternative, the parties may mutually agree to designate CEDR (Centre for Effective Dispute Resolution, London, United Kingdom) as mediator. CEDR is based in the United Kingdom (outside the EU since Brexit). The recognition of CEDR recommendations may require additional post-Brexit procedures. Since CEDR is based outside the European Union, its designation requires the express agreement of both parties. For intra-Community disputes, the Official Chamber of Commerce, Industry and Navigation of Málaga is recommended as the primary mediator.

For disputes between Providers and Requesters: Viuzi designates the mediation service of the Official Chamber of Commerce, Industry and Navigation of Málaga as mediator. For disputes between parties established in Spain, the Court of Arbitration of the Madrid Chamber of Commerce is offered as an alternative.

The identified mediators comply with the requirements of Article 12.2 of Regulation (EU) 2019/1150:

• They are impartial and independent.
• They offer mediation services at affordable prices.
• They can provide services in Spanish, English, French, German and Italian.
• They are accessible in person and remotely.
• They can initiate proceedings without undue delay.

VIUZI ESP, SL commits to participating in good faith in any mediation proceedings initiated in accordance with this section.

5.2. Arbitration (High-Value B2B Disputes)

For disputes between professional Users where the amount in controversy exceeds ten thousand euros (€10,000), either party may request that the dispute be submitted to arbitration administered by the Court of Arbitration of the Official Chamber of Commerce, Industry and Navigation of Málaga, in accordance with its current Arbitration Rules. The arbitral tribunal will consist of one (1) arbitrator designated in accordance with those Rules. The language of the arbitration will be English, unless the parties agree otherwise. The seat of arbitration will be Málaga, Spain. The arbitral award will be final and binding on the parties, and enforceable in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The costs of arbitration will be borne as determined by the arbitral tribunal, without prejudice to VIUZI ESP, SL's obligation to bear at least fifty per cent (50%) of the costs when acting as a party in disputes with professional Users in accordance with Art. 12(3) of Regulation (EU) 2019/1150. Recourse to arbitration is voluntary and does not exclude the parties' right to resort to the ordinary courts.

5.3. Out-of-Court Dispute Resolution for Content Disputes (Art. 21 DSA)

For disputes relating to content moderation decisions (removal, hiding, restriction of visibility or accounts), after exhausting the internal complaints procedure in the relevant Section, Users may recourse to an out-of-court dispute resolution body certified in accordance with Article 21 of Regulation (EU) 2022/2065 (Digital Services Act). VIUZI ESP, SL commits to participating in good faith in proceedings before any certified body designated by Spain's Digital Services Coordinator (CNMC). Updated information on available certified bodies will be published at https://www.viuzi.com/legal/organismos-adr.

5.4. Market Supervisory Authority

The Digital Services Coordinator in Spain is:

• Body: Comisión Nacional de los Mercados y la Competencia (CNMC)
• Address: C/ Alcalá 47, 28014 Madrid, Spain
• Email: dsa@cnmc.es
• Website: https://www.cnmc.es

Professional Users may contact the CNMC in its capacity as Digital Services Coordinator pursuant to Regulation (EU) 2022/2065 (DSA), or in relation to compliance with Regulation (EU) 2019/1150 (P2B).

VIUZI ESP, SL contact email for disputes: legal@viuzi.com

6. Internal Appeal (DSA Art. 20)

Decisions adopted by the Platform in the framework of the dispute resolution process may be appealed through Viuzi's internal complaints system in accordance with Article 20 of the DSA.

Appeal deadline: 6 months from notification of the decision.

Resolution: The appeal will be resolved by a reviewer different from the original decision-maker, within a maximum of 30 calendar days from submission of the appeal.

Effects of upholding the appeal: Upholding the appeal implies the effective reversal of the measure adopted.

The parties retain in all cases the right to challenge any decision before external mediation or before the competent courts.

7. Mediation Services (P2B Disputes)

7.1. Scope

In accordance with Article 12 of Regulation (EU) 2019/1150, Service Providers acting as professional users of the platform have the right to recourse to the mediation services identified in Section 5.1 to resolve disputes with VIUZI ESP, SL related to:

• The application of the platform's Terms and Conditions.
• Decisions on restriction, suspension or termination of service.
• The processing of personal data in the context of the commercial relationship.
• Any other matter arising from the relationship between the professional user and the platform.

7.2. Procedure

1. The professional user will notify VIUZI ESP, SL of their intention to recourse to mediation, indicating the subject of the dispute.
2. VIUZI ESP, SL and the professional user will jointly select a mediator from the list provided in Section 5.1, or agree on an alternative mediator.
3. The mediation procedure will be governed by the rules of the selected mediation body.
4. VIUZI ESP, SL will bear at least 50% of P2B mediation costs. The Provider will not bear more than 50% of such costs, unless the mediator determines a different distribution based on the procedural conduct of the parties, in accordance with Article 12(3) of Regulation (EU) 2019/1150.

Cost allocation in user-to-user mediations (Provider-Requester): Mediation costs will be distributed equally, unless the mediator decides otherwise based on the procedural conduct of the parties.

7.3. Good Faith

VIUZI ESP, SL commits to:

• Participating in mediation proceedings in good faith and with the intention of reaching a solution.
• Not taking retaliatory action against professional users who recourse to mediation.
• Providing relevant information requested during the mediation proceedings.

8. Payment Disputes and Stripe Coordination

The Platform does not hold funds in escrow (no-escrow model). Refunds require the Provider's cooperation or a chargeback in accordance with Stripe's rules.

Chargebacks activated through Stripe have their own timeframes (between 7 and 21 days for evidence submission, depending on the type of dispute). Viuzi will coordinate the internal process with Stripe's timeframes.

For payment disputes, Viuzi applies the following accelerated process:

• (a) Accelerated internal process with resolution within 7 working days.
• (b) Evidence is requested from both parties within 48 hours of the dispute being opened.
• (c) The decision on funds is executed in accordance with Stripe's timeframes to avoid loss of the right to contest the chargeback.

Relationship with the standard procedure. The accelerated payment dispute procedure described in this Section constitutes a parallel and alternative track to the standard three-step procedure. When a payment dispute is initiated, this accelerated procedure (48 hours for evidence, 7 days for resolution) will be followed instead of the standard procedure. If either party disagrees with the resolution of the accelerated procedure, they may request a review in accordance with Step 3 of the standard procedure.

9. Procedural Conduct and Bad Faith Disputes

Parties who submit disputes in bad faith, frivolously or with dilatory intent may be ordered to pay reasonable process costs and, in repeated cases, subject to temporary account suspension.

Enforcement against Users who leave the Platform. In the event that a User closes their account or is expelled from the Platform while a pending dispute or decision to be executed exists: (a) VIUZI ESP, SL will retain the funds available in the User's Stripe Connect account for a maximum period of ninety (90) days to ensure enforcement of the decision; (b) VIUZI ESP, SL may exercise the right of set-off in accordance with Articles 1195 et seq. of the Spanish Civil Code against any amount outstanding due to the User; (c) VIUZI ESP, SL will provide the creditor party with the necessary documentation (platform decision, transaction records, User identification data in accordance with applicable regulations) to facilitate the claim before the competent jurisdiction.

10. Limitation Periods

Claims arising from use of the Platform are subject to the limitation periods established by Spanish legislation: five (5) years for personal actions without a special period (Article 1964 of the Civil Code). Professional Users are recommended to initiate dispute resolution procedures in a timely manner to preserve their rights.

11. Evidence Preservation

Upon initiation of a dispute, all parties must preserve all relevant evidence, including messages, photographs, documents and transaction records. VIUZI ESP, SL will retain all Platform records related to the disputed transaction for at least twelve (12) months after resolution of the dispute, or the longer period required by law. The twelve (12) month retention period is justified in accordance with the principle of storage limitation (Art. 5(1)(e) GDPR) as the minimum period necessary to allow escalation to mediation or legal proceedings. The deliberate destruction of evidence may result in an adverse inference against the responsible party.

Burden of proof. In general, the burden of proof rests with the claimant, who must prove the facts on which their claim is based. However: (a) in service quality disputes, the Provider must prove that the service was provided in accordance with the agreed specifications; (b) in payment disputes, Stripe records will constitute preferential evidence of the status of transactions; (c) in account disputes, Platform activity records will constitute preferential evidence of the actions taken.

Documentary evidence requirements. Documentation submitted as evidence must meet the following requirements: (a) Accepted formats: PDF, JPG, PNG, MP4, MOV (maximum 50 MB per file, maximum 10 files per party); (b) Language: Spanish or English. Documents in other languages must be accompanied by a certified translation or a simple translation accepted by the other party; (c) Authenticity: screenshots must include visible metadata (date, time, URL); (d) Relevance: only documentation directly related to the facts that are the subject of the dispute will be accepted.

Expert opinion. In complex technical disputes (quality of installations, technical conformity of deliverables, damage assessment), either party or VIUZI ESP, SL may propose the involvement of an independent expert. The costs of the expert opinion will be: (a) if requested by a party: at their expense, with the possibility of passing on to the other party if the decision is in their favour; (b) if requested by VIUZI ESP, SL ex officio: at VIUZI ESP, SL's expense; (c) if requested jointly by both parties: equally shared. The expert opinion will have an advisory nature for VIUZI ESP, SL's decision, without binding effect.

12. Multi-Party Disputes

When a dispute involves all three parties (Provider, Requester and VIUZI ESP, SL), the Platform will consolidate the proceedings into a single internal process. Each party will have equal opportunity to submit evidence and arguments. If external mediation is required, all three parties will participate in the same mediation procedure.

13. Cross-Border Disputes

For cross-border disputes between professional Users from different EU Member States, jurisdiction will be determined in accordance with Regulation (EU) 1215/2012 (Brussels I bis). For B2B disputes between Providers and Requesters, the courts of the defendant's domicile will have jurisdiction, unless otherwise agreed.

Contracts between Providers and Requesters are governed by the law agreed upon by the parties. In the absence of agreement, Regulation (EC) 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) will apply.

14. Competent Jurisdiction

14.1. Competent Court

Any dispute arising from the use of the Viuzi platform that cannot be resolved through the dispute resolution mechanisms described in this Policy will be submitted to the jurisdiction of the:

Courts of First Instance of Málaga (Juzgados de Primera Instancia de Málaga) Ciudad de la Justicia, C/ Fiscal Luis Portero García s/n, 29010 Málaga, Spain

14.2. Exceptions

The provisions of Section 14.1 are without prejudice to:

• The exclusive jurisdiction of certain courts in specific matters (for example, intellectual property, data protection).
• Jurisdiction agreements that may be established between the parties in individual contracts.
• The rules of international judicial jurisdiction under Regulation (EU) 1215/2012 (Brussels I bis) applicable to B2B relationships.

15. Applicable Law

15.1. Applicable Law

This Dispute Resolution Policy and all legal relationships arising from the use of the Viuzi platform are governed by the legislation of the Kingdom of Spain, including:

• Spanish Civil Code: As the general obligations law legislation.
• Regulation (EU) 2019/1150: On fairness and transparency for professional users of online intermediation services (P2B).
• Digital Services Regulation (EU) 2022/2065 (DSA): With regard to internal complaints mechanisms and content dispute resolution.
• Regulation (EC) 593/2008 (Rome I): On the law applicable to contractual obligations between Providers and Requesters.

15.2. European Union Law

In the event of a conflict between Spain's national legislation and directly applicable European Union law, European Union law will prevail.

16. Timelines

16.1. Timeline Summary

Maximum duration of the internal procedure. The complete internal procedure (Step 1 + Step 2 + Step 3 + execution) will not exceed sixty (60) calendar days, except for duly justified suspensions in accordance with Section 16.2. If the procedure exceeds this timeframe, the claimant will be entitled to resort directly to external mechanisms (mediation, arbitration or ordinary courts) without needing to exhaust the internal procedure.

16.2. Suspension of Timeframes

The timeframes established in this Policy may be suspended when:

• VIUZI ESP, SL requests additional information from either of the parties, during the waiting period for the response.
• Exceptional circumstances that prevent compliance with the timeframes arise (force majeure).

In the event of suspension, VIUZI ESP, SL will notify the parties of the reason and estimated duration of the suspension.

17. Preservation of Legal Rights

17.1. Unaffected Rights

This Dispute Resolution Policy does not affect or limit:

• The right of any party to recourse directly to the competent courts for the protection of their rights, at any stage of the resolution process.
• The right of professional Users to submit complaints to the CNMC (in its capacity as Digital Services Coordinator) or to the data protection authorities.
• Rights arising from applicable mandatory legislation, including Regulation (EU) 2019/1150 (P2B).

17.2. Judicial Interim Measures

Nothing in this Policy will prevent either party from requesting interim or provisional measures before the competent courts when there is urgency or risk of irreparable harm.

18. Confidentiality of the Disputes Procedure

18.1. Confidentiality Obligation

All information exchanged during the dispute resolution process (including communications, evidence, settlement proposals and decisions) will be treated as confidential by all parties involved, except:

• Where required by applicable law.
• Where necessary for the execution of the decision or agreement reached.
• Where the parties expressly consent to its disclosure.

18.2. Use in Subsequent Proceedings

Communications and proposals made during the mediation process (Step 2) may not be used as evidence in subsequent judicial or arbitral proceedings, except by express agreement of the parties.

18.3. Personal Data Protection

The processing of personal data during the dispute resolution process will be conducted in accordance with the General Data Protection Regulation (EU) 2016/679 and the Viuzi platform's Privacy Policy.

19. Contact Details

For any question related to this Dispute Resolution Policy, users may contact:

VIUZI ESP, SL Calle Alejandro Dumas 17 - Oficinas, 29004 Málaga, Spain Disputes email: legal@viuzi.com Privacy email: privacy@viuzi.com Tax ID (NIF): B05735576 Intra-community VAT number: ESB05735576

Alternative dispute resolution: Professional Users may recourse to the P2B mediation mechanisms described in Section 5 of this Policy.