MEDIATION & INFORMAL DISPUTE RESOLUTION POLICY

HERPTIVARIUS, LLC

EFFECTIVE DATE: DECEMBER 2025

LAST UPDATED: DECEMBER 2025

SUPREMACY; INCORPORATION; NO INDEPENDENT REMEDIES: THIS MEDIATION & INFORMAL DISPUTE RESOLUTION POLICY IS EXPRESSLY INCORPORATED INTO AND GOVERNED BY THE HERPTIVARIUS, LLC TERMS & CONDITIONS AND IS STRICTLY SUBORDINATE THERETO. THIS POLICY OPERATES IN CONJUNCTION WITH THE COMPLAINTS & DISPUTE RESOLUTION INTEGRITY POLICY AND THE ARBITRATION AGREEMENT. NO PROVISION OF THIS POLICY CREATES ANY INDEPENDENT RIGHT, WARRANTY, OR REMEDY OUTSIDE THE SOLE AUTHORITY OF THE TERMS & CONDITIONS MASTER AGREEMENT.

PURPOSE AND GOOD-FAITH PRINCIPLE: HERPTIVARIUS, LLC SUPPORTS GOOD-FAITH, NON-ADVERSARIAL RESOLUTION OF DISPUTES WHERE PRACTICABLE. THE PURPOSE OF THIS POLICY IS TO PROVIDE A DOCUMENTED OPPORTUNITY FOR INFORMAL RESOLUTION AND MEDIATION PRIOR TO FORMAL DISPUTE PROCEEDINGS, WHILE PRESERVING ALL RIGHTS AND DEFENSES. PARTICIPATION IN MEDIATION IS INTENDED TO DEMONSTRATE GOOD-FAITH EFFORT TO RESOLVE ISSUES WITHOUT ESCALATION, NOT TO CONCEDE LIABILITY OR WAIVE LEGAL RIGHTS.

SCOPE OF MEDIATION: MEDIATION MAY BE OFFERED OR CONSIDERED FOR CUSTOMER DISPUTES, SERVICE COMPLAINTS, TRANSACTIONAL DISAGREEMENTS, POLICY-RELATED CONCERNS, OR OTHER CIVIL COMMERCIAL ISSUES ARISING FROM INTERACTIONS WITH HERPTIVARIUS, LLC. MEDIATION DOES NOT APPLY TO MATTERS INVOLVING IMMEDIATE SAFETY RISK, FRAUD, ABUSE, COERCION, CRIMINAL ALLEGATIONS, OR INTELLECTUAL PROPERTY MISUSE, UNLESS HERPTIVARIUS, LLC DETERMINES OTHERWISE IN WRITING.

VOLUNTARY NATURE OF MEDIATION: MEDIATION IS VOLUNTARY AND NON-BINDING UNLESS A WRITTEN SETTLEMENT AGREEMENT IS EXECUTED BY BOTH PARTIES. NO PARTY IS REQUIRED TO ACCEPT ANY PROPOSED RESOLUTION. THE REFUSAL TO PARTICIPATE IN MEDIATION SHALL NOT, BY ITSELF, CREATE LIABILITY OR AN ADMISSION OF FAULT, BUT MAY BE CONSIDERED AS PART OF THE OVERALL RECORD OF GOOD-FAITH OR BAD-FAITH CONDUCT WHERE PERMITTED BY LAW.

REQUESTING MEDIATION: A REQUEST FOR MEDIATION MUST BE SUBMITTED IN WRITING AND DIRECTED TO LEGAL@HERPTIVARIUS.COM. THE REQUEST MUST INCLUDE A CLEAR DESCRIPTION OF THE ISSUE, THE RELIEF SOUGHT, AND ANY RELEVANT DOCUMENTATION NECESSARY TO EVALUATE THE DISPUTE. HERPTIVARIUS, LLC RESERVES THE RIGHT TO ACCEPT, DECLINE, OR DEFER MEDIATION BASED ON THE NATURE OF THE DISPUTE, CONDUCT OF THE REQUESTING PARTY, AND OPERATIONAL OR LEGAL CONSIDERATIONS.

NEUTRALITY AND PROCESS INTEGRITY: ANY MEDIATION, IF UNDERTAKEN, SHALL BE CONDUCTED BY A NEUTRAL THIRD PARTY OR THROUGH A MUTUALLY AGREED PROCESS. NO INDIVIDUAL WHO IS PERSONALLY INVOLVED, HAS PRIOR MATERIAL DEALINGS WITH A PARTY, OR HAS BECOME AN ADVOCATE FOR ONE PARTY AGAINST ANOTHER SHALL PARTICIPATE IN MEDIATION DECISION-MAKING ON BEHALF OF HERPTIVARIUS, LLC. PROCESS INTEGRITY AND NEUTRALITY ARE REQUIRED AT ALL TIMES.

CONFIDENTIALITY OF MEDIATION COMMUNICATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMUNICATIONS MADE DURING MEDIATION OR INFORMAL RESOLUTION DISCUSSIONS ARE CONFIDENTIAL AND SHALL NOT BE USED AS EVIDENCE IN ANY SUBSEQUENT PROCEEDING, EXCEPT AS NECESSARY TO ENFORCE A WRITTEN SETTLEMENT OR WHERE DISCLOSURE IS REQUIRED BY LAW. THIS PROVISION DOES NOT PROTECT FRAUDULENT STATEMENTS OR THREATS.

NO COERCION; NO LEVERAGE THROUGH MEDIATION: MEDIATION SHALL NOT BE USED AS A TOOL FOR COERCION, THREATS, OR “PAY OR ELSE” DEMANDS. ANY ATTEMPT TO CONDITION MEDIATION PARTICIPATION OR SETTLEMENT UPON THREATS OF PUBLICATION, PLATFORM ACTION, PAYMENT DISPUTES, REGULATORY REPORTING, OR ECONOMIC HARM CONSTITUTES BAD-FAITH CONDUCT AND MAY RESULT IN TERMINATION OF MEDIATION AND ENFORCEMENT ACTION UNDER APPLICABLE POLICIES.

RELATIONSHIP TO ARBITRATION: COMPLETION OF MEDIATION IS NOT REQUIRED AS A CONDITION PRECEDENT TO ARBITRATION UNLESS EXPRESSLY REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING BY BOTH PARTIES. WHERE MEDIATION IS ATTEMPTED AND FAILS TO RESOLVE THE DISPUTE, EITHER PARTY MAY PROCEED TO BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION AGREEMENT, SUBJECT TO THE INFORMAL NOTICE REQUIREMENTS SET FORTH THEREIN.

NO WAIVER OF RIGHTS: PARTICIPATION IN OR REFUSAL OF MEDIATION SHALL NOT WAIVE ANY RIGHT, DEFENSE, OR REMEDY AVAILABLE TO EITHER PARTY UNDER CONTRACT OR LAW. HERPTIVARIUS, LLC EXPRESSLY RESERVES ALL RIGHTS TO COMPEL ARBITRATION, SEEK INJUNCTIVE RELIEF WHERE PERMITTED, OR REFUSE SERVICE IN RESPONSE TO BAD-FAITH CONDUCT.

DOCUMENTATION AND RECORDKEEPING: HERPTIVARIUS, LLC MAY DOCUMENT MEDIATION REQUESTS, RESPONSES, AND OUTCOMES FOR PURPOSES OF COMPLIANCE, RISK MANAGEMENT, AND DISPUTE RECORD INTEGRITY, CONSISTENT WITH THE PRIVACY & COOKIE POLICY AND APPLICABLE LAW.

MODIFICATION AUTHORITY: HERPTIVARIUS, LLC RESERVES THE UNRESTRICTED RIGHT TO MODIFY THIS POLICY AT ANY TIME. CONTINUED USE OF THE WEBSITE OR SERVICES CONSTITUTES ACCEPTANCE OF ALL REVISIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CONTACT FOR MEDIATION REQUESTS: LEGAL@HERPTIVARIUS.COM