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California residents are required to waive the protections of California Civil Code section 1542, which otherwise prevents a general release from applying to unknown claims that would have materially affected the settlement. This waiver is stated to be irrevocable.
This analysis describes what AI21 Labs'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
This provision requires California residents to release claims they may not yet be aware of, in connection with disputes between website users and disputes involving third-party content. The enforceability of such a waiver against consumers in the context of a website terms of service (rather than a negotiated settlement) may be uncertain under California law.
Interpretive note: The enforceability of a California Civil Code section 1542 waiver in a non-negotiated standard form website terms of service agreement against consumers is uncertain and may depend on California court interpretation.
The updated terms remove the explicit "Your Opt-Out Rights" button that previously allowed users to opt out of data sales and targeted advertising. In its place, the revised language establishes a general cookie consent framework requiring users to click "Accept" to allow cookies for site navigation, usage analysis, and marketing efforts. Users retain the ability to choose not to allow certain cookie types, but the prior dedicated opt-out mechanism for data sales and targeted advertising is no longer explicitly described in the accessible terms interface. If you wish to control cookie preferences, you can click on the cookie settings to modify consent for different types of cookies; however, strictly necessary cookies cannot be declined as they are required for core website functionality.
View change record →Under this clause, California resident users waive the statutory protection that would otherwise preserve unknown claims arising from website user disputes and third-party content interactions, subject to the enforceability of such a waiver in the specific context of a website terms of service agreement.
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"If you are a California resident, you hereby irrevocably waive the applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."Excerpt from AI21 Labs's Terms of Use
1. REGULATORY LANDSCAPE: California Civil Code section 1542 is a consumer protection statute. Courts have examined the enforceability of section 1542 waivers in the context of standard form consumer agreements, and enforceability may depend on the specific factual context and whether the waiver is sufficiently prominent and knowing. The California Attorney General and California courts have jurisdiction over consumer protection matters in this context. 2. GOVERNANCE EXPOSURE: Medium. The irrevocable waiver of section 1542 rights in a standard website terms of service (rather than a negotiated settlement agreement) may face enforceability challenges in California courts, particularly in a consumer context. The practical scope of the waiver is also limited to the specific release in Section 9 concerning user disputes and third-party content. 3. JURISDICTION FLAGS: California-specific. The waiver applies only to California residents and is explicitly tied to the release provisions in Section 9 of the agreement. 4. CONTRACT AND VENDOR IMPLICATIONS: Legal teams reviewing this agreement on behalf of California-based organizational users should note the section 1542 waiver and assess its interaction with any internal claims or dispute resolution processes. 5. COMPLIANCE CONSIDERATIONS: The enforceability of a section 1542 waiver in a non-negotiated consumer website terms of service context should be assessed by legal counsel with California consumer law expertise.
This provision requires California residents to release claims they may not yet be aware of, in connection with disputes between website users and disputes involving third-party content. The enforceability of such a waiver against consumers in the context of a website terms of service (rather than a negotiated settlement) may be uncertain under California law.
Under this clause, California resident users waive the statutory protection that would otherwise preserve unknown claims arising from website user disputes and third-party content interactions, subject to the enforceability of such a waiver in the specific context of a website terms of service agreement.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AI21 Labs.