This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause establishes jurisdictional applicability of the agreement and creates a framework for territorial differentiation of contractual terms. This determines which version of the service terms governs the user-company relationship based on geographic location.
The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.
View change record →The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.
View change record →The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.
View change record →Users in the United States operate under these stated Terms of Service. Users accessing services from outside the United States are subject to alternative region-specific terms, which may contain different provisions regarding liability, dispute resolution, data handling, or other material terms.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms apply to you if you live in the United States or if you access our Services in the United States. If you live outside the United States, please review the Terms available in the respective region specific to the 23andMe Services you access.— Excerpt from 23andMe's 23andMe Terms of Service
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The clause establishes jurisdictional applicability of the agreement and creates a framework for territorial differentiation of contractual terms. This determines which version of the service terms governs the user-company relationship based on geographic location.
Users in the United States operate under these stated Terms of Service. Users accessing services from outside the United States are subject to alternative region-specific terms, which may contain different provisions regarding liability, dispute resolution, data handling, or other material terms.
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