The agreement establishes California law and Santa Clara County courts as the default governing law and forum for disputes, with an express carve-out providing that EU/EEA, UK, Swiss, Norwegian, and Icelandic citizens are governed by the law and courts of their usual place of residence.
This analysis describes what Apple Pay'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 establishes two distinct legal regimes depending on user nationality and residence: U.S. users are subject to California law and Santa Clara County jurisdiction, while EU/EEA, UK, Swiss, Norwegian, and Icelandic citizens are subject to their local law and courts. This carve-out reflects the practical unenforceability of California choice-of-law clauses against consumers in those jurisdictions.
Under this clause, U.S. users who wish to bring claims against Apple must do so under California law in Santa Clara County courts, while EU/EEA, UK, Swiss, Norwegian, and Icelandic users may bring claims under their local law in local courts. The practical accessibility of Santa Clara County jurisdiction for non-California U.S. residents is not addressed in the Agreement.
Cross-platform context
See how other platforms handle Governing Law and Jurisdiction (California vs. Local Law for EU/UK Users) and similar clauses.
Compare across platforms →"Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.Excerpt from Apple Pay's Apple Media Services Terms
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This provision establishes two distinct legal regimes depending on user nationality and residence: U.S. users are subject to California law and Santa Clara County jurisdiction, while EU/EEA, UK, Swiss, Norwegian, and Icelandic citizens are subject to their local law and courts. This carve-out reflects the practical unenforceability of California choice-of-law clauses against consumers in those jurisdictions.
Under this clause, U.S. users who wish to bring claims against Apple must do so under California law in Santa Clara County courts, while EU/EEA, UK, Swiss, Norwegian, and Icelandic users may bring claims under their local law in local courts. The practical accessibility of Santa Clara County jurisdiction for non-California U.S. residents is not addressed in the Agreement.
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