Last Updated: July 6th 2026
This Agreement is governed by the substantive internal laws of the state of California, without regard to its conflict of laws principles. This Agreement constitutes a transaction in interstate commerce, and therefore any arbitration conducted under this Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). You agree to the personal jurisdiction of the federal and state courts in San Francisco County, California, for any actions where we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misuse, or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property or proprietary rights, as detailed in the arbitration provision below, including any temporary relief needed to prevent irreparable harm. Subject to section 16.2, you agree that the federal or state courts in San Francisco County, California, are the appropriate venue for any appeals of an arbitration award or for trial court proceedings if the arbitration provision is found to be unenforceable.
Please read this section carefully, as it mandates that the parties arbitrate their disputes and restricts how you can seek relief from Lemma. For any claim, dispute, or controversy with Lemma (a “Claim”), you agree to first contact us at contact@getlemma.com to try and resolve the dispute informally. If Lemma has not been able to resolve a dispute with you after sixty (60) days, the dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). The decision to elect arbitration, made at any time, is final and binding on the other party.
Neither party has the right to litigate such a Claim in court or to have a jury trial, except that either party may pursue its Claim in its local small claims court, provided it is permitted by that court's rules and falls within its jurisdiction. Arbitration differs from court proceedings, and rights related to discovery and appeal may be limited in arbitration. All disputes will be resolved before a neutral arbitrator.
You are liable for any disclosure of Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996, “HIPAA”) to Lemma when you provide access to Personal Data. If any Protected Health Information is created, received, maintained, or transmitted by you or on your behalf in connection with the Services, it is subject to the Business Associate Agreement (“BAA”) set forth in Section 17, which is incorporated by reference herein. The BAA outlines the responsibilities of both parties in handling Protected Health Information and ensures compliance with HIPAA regulations.