23andMe · 23andMe Terms of Service · View original document ↗

Terms Modification with Continued Use as Acceptance

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Document Record

What it is

23andMe can change the rules of the agreement at any time, and if you keep using the service after being notified, you are treated as having agreed to the new rules.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause means users are bound by updated terms simply by continuing to use the service, which may include changes to arbitration, data use, or liability provisions without requiring affirmative re-consent.

Recent Activity

This document changed recently

Medium May 5, 2026

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 →
High Apr 19, 2026

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 →
Medium Mar 23, 2026

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 →

Clause Stability Stable

0
Changes
3
Months Monitored
May 12, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 967 other provisions on other platforms.

Consumer impact (what this means for users)

If 23andMe updates its Terms in ways that affect arbitration rights, data handling, or liability, continued use of the service following notification constitutes acceptance of those changes, even if the user did not actively review or affirmatively agree to the revised terms.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Close Your Account
    If you do not agree with updated Terms, you may delete your account from your Account Settings page. Navigate to Account Settings at you.23andme.com and select the account deletion option before continuing to use the service.

How other platforms handle this

Yelp Medium

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms...

Groq Medium

We reserve the right, at our sole discretion, to change or modify these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised or notify you, either through the Website...

Target Medium

Target reserves the right to change these Terms at any time. We will post notification of changes to these Terms on this page. Your continued use of the Target Services after any changes to these Terms constitutes your acceptance of the new Terms.

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▸ View Original Clause Language DOCUMENT RECORD
"
23andMe may make changes to the Terms at any time. If we make a material change to the Terms, we will notify you, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by the revised Terms.

— Excerpt from 23andMe's 23andMe Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: The use of continued service access as implied acceptance of amended terms is a practice the FTC has scrutinized in consumer-facing contexts, particularly where material changes affect dispute resolution or data use rights. Some state consumer protection laws require affirmative consent for material amendments to consumer contracts, particularly where the original agreement included sensitive data processing or arbitration clauses. The adequacy of notice by website posting alone has been questioned in regulatory guidance. GOVERNANCE EXPOSURE: Medium. The modification clause is common in consumer technology agreements, but its interaction with the mandatory arbitration provision is significant: if 23andMe modifies arbitration terms, users who do not actively review the notification may unknowingly waive a new opt-out window or accept changed arbitration procedures. JURISDICTION FLAGS: California courts have scrutinized browsewrap and continued-use acceptance mechanisms, particularly where changes affect substantive consumer rights. EU users are directed to separate regional terms, but US users in California should be aware that state law may impose additional requirements for valid amendment consent. CONTRACT AND VENDOR IMPLICATIONS: Organizations with enterprise or research agreements should confirm whether material term changes trigger renegotiation rights or notice obligations under their commercial contracts. The provision that these Terms control over additional service terms in cases of conflict means downstream amendment of these Terms could affect rights under Membership and Telehealth agreements. COMPLIANCE CONSIDERATIONS: Compliance teams should implement a monitoring process for 23andMe Terms updates, particularly given the sensitivity of genetic data. Any material amendment should trigger a review of whether the change affects data processing consent, arbitration opt-out rights, or liability exposure.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC evaluates whether unilateral amendment clauses with implied consent mechanisms in consumer contracts constitute unfair or deceptive practices
    File a complaint →

Applicable regulations

BIPA
Illinois, USA
CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
FTC Act Section 5
United States Federal
GDPR
European Union
HIPAA
United States Federal
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
23andMe Terms of Service
Entity
23andMe
Document last updated
May 5, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 12, 2026
Record ID
CA-P-010917
Document ID
CA-D-00147
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
16a44b36aa17e55ddf47ae29310c84ef467de0a10b43cf99d04895259b10a9f1
Analysis generated
May 11, 2026 23:34 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: 23andMe
Document: 23andMe Terms of Service
Record ID: CA-P-010917
Captured: 2026-05-11 23:34:45 UTC
SHA-256: 16a44b36aa17e55d…
URL: https://conductatlas.com/platform/23andme/23andme-terms-of-service/terms-modification-with-continued-use-as-acceptance/
Accessed: June 28, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does 23andMe's Terms Modification with Continued Use as Acceptance clause do?

This clause means users are bound by updated terms simply by continuing to use the service, which may include changes to arbitration, data use, or liability provisions without requiring affirmative re-consent.

How does this clause affect you?

If 23andMe updates its Terms in ways that affect arbitration rights, data handling, or liability, continued use of the service following notification constitutes acceptance of those changes, even if the user did not actively review or affirmatively agree to the revised terms.

Is ConductAtlas affiliated with 23andMe?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by 23andMe.