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 governing law designation determines which jurisdiction's substantive law applies to interpretation and enforcement of the agreement. Delaware law governs contract disputes regardless of where the user is located or where the service is provided.
Interpretive note: Enforceability of the Delaware choice-of-law provision against consumers in states with mandatory consumer protection or genetic privacy statutes depends on applicable state law and judicial interpretation in the relevant jurisdiction.
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' disputes with 23andMe are adjudicated under Delaware law rather than the law of their own state or country. This means Delaware's contract principles, consumer protection standards, and statutory frameworks apply to the relationship, even if the user resides elsewhere.
How other platforms handle this
These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the Dispute Resolution section, the exclusive jurisdiction for all Disputes (as defined below) that you an...
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco County, Californ...
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...
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"These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence.— Excerpt from 23andMe's 23andMe Terms of Service
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The governing law designation determines which jurisdiction's substantive law applies to interpretation and enforcement of the agreement. Delaware law governs contract disputes regardless of where the user is located or where the service is provided.
Users' disputes with 23andMe are adjudicated under Delaware law rather than the law of their own state or country. This means Delaware's contract principles, consumer protection standards, and statutory frameworks apply to the relationship, even if the user resides elsewhere.
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