All legal disputes with AI21 Labs must be handled in Delaware courts under Delaware law, regardless of where you live or do business.
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
Non-US users, including EU and UK customers, may find that this clause conflicts with their local mandatory consumer protection laws, and the practical burden of litigating in Delaware may discourage legitimate claims.
Interpretive note: Enforceability of Delaware exclusive jurisdiction and choice of law against EU and UK consumers is uncertain and likely overridden by mandatory local law in those jurisdictions.
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 →Changed 'legal action or proceeding arising under these Terms' to broader 'dispute arising out of or relating to these Terms or the Services', and removed explicit consent to personal jurisdiction and venue language.
View full change record →If you have a dispute with AI21 Labs, the agreement requires you to pursue it in Delaware under Delaware law, which may be impractical for individual users or non-US businesses and may limit access to local consumer rights.
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.
Monitoring
AI21 Labs has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.— Excerpt from AI21 Labs's AI21 Labs Terms of Use
(1) REGULATORY LANDSCAPE: Exclusive jurisdiction and choice of law clauses in consumer contracts are subject to significant regulatory constraints in the EU under Rome I Regulation and Brussels I Recast Regulation, which preserve consumers' rights to rely on the mandatory provisions of their home jurisdiction and to litigate in their home courts. UK consumer law similarly protects consumers' access to local courts and local law. The clause as stated may be enforceable as between sophisticated commercial parties but is likely unenforceable against EU and UK consumers under applicable mandatory law. (2) GOVERNANCE EXPOSURE: Medium. For EU and UK enterprise customers and consumers, the practical enforceability of this clause is limited by mandatory EU and UK jurisdictional and choice-of-law rules. For US-based enterprise customers, Delaware is a neutral and commercially common choice of law jurisdiction, and the clause is likely enforceable in a commercial B2B context. (3) JURISDICTION FLAGS: EU residents retain mandatory rights to litigate in their home jurisdiction under Brussels I Recast and to rely on home-country mandatory consumer protections under Rome I. UK residents have equivalent protections. Israeli law may also impose mandatory jurisdiction rights in certain contexts. Non-US enterprise customers should assess whether this clause is enforceable in their home jurisdiction before agreeing to it without modification. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers outside the US should seek a negotiated amendment to the governing law and jurisdiction clause, or at minimum confirm that mandatory home-jurisdiction rights are preserved. B2B customers in the EU should also address GDPR data processing requirements in a separate DPA, which may incorporate EU governing law for data protection matters. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should note that GDPR and EU AI Act obligations cannot be displaced by a Delaware choice of law clause; EU regulatory requirements apply independently of contractual governing law. Legal teams should flag this clause in contract reviews for non-US entities and assess whether a carve-out for regulatory compliance matters is needed.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Monitor: 25 platforms + same-day alerts. No credit card required.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
Non-US users, including EU and UK customers, may find that this clause conflicts with their local mandatory consumer protection laws, and the practical burden of litigating in Delaware may discourage legitimate claims.
If you have a dispute with AI21 Labs, the agreement requires you to pursue it in Delaware under Delaware law, which may be impractical for individual users or non-US businesses and may limit access to local consumer rights.
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AI21 Labs.