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 operational significance is that this provision changes the procedural framework for dispute resolution from court-based adjudication to private arbitration, which alters how disputes are evaluated, decided, and appealed, and establishes that claims must proceed on an individual rather than collective basis.
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 operating under these terms are required to pursue disputes through individual binding arbitration, meaning any claims against 23andMe must follow the arbitration process rather than litigation in court, and users waive participation in class action or collective proceedings for resolving disputes.
How other platforms handle this
You and OpenAI agree to resolve any disputes arising out of or relating to these Terms or our Services through final and binding individual arbitration, except that either party may bring an individual claim in small claims court. You agree to waive your right to a jury trial and to participate in a...
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration sh...
You and Uber agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Application (collectively, "Disputes") will be settled by binding arbitration between you and ...
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"THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.— Excerpt from 23andMe's 23andMe Terms of Service
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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The operational significance is that this provision changes the procedural framework for dispute resolution from court-based adjudication to private arbitration, which alters how disputes are evaluated, decided, and appealed, and establishes that claims must proceed on an individual rather than collective basis.
Users operating under these terms are required to pursue disputes through individual binding arbitration, meaning any claims against 23andMe must follow the arbitration process rather than litigation in court, and users waive participation in class action or collective proceedings for resolving disputes.
ConductAtlas has identified this type of provision across 13 platforms. See the full comparison.
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