Any legal dispute you have with Apple must be resolved under California law in California courts — even if you live in another state or country.
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 clause requires non-California consumers to litigate in California courts under California law, which may be more expensive and burdensome for individual consumers and may be overridden by mandatory local consumer protection laws in other jurisdictions.
Consumers outside California who have a legal dispute with Apple face the practical burden of litigating in Santa Clara County, California, under California law, which may effectively deter many individual consumers from pursuing legitimate claims.
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This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law provisions. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California.— Excerpt from Apple Pay's Apple Media Services Terms
REGULATORY FRAMEWORK: Forum selection and choice-of-law clauses in consumer contracts are subject to challenge under multiple frameworks. In the EU, Brussels I Regulation (Recast) (EU 1215/2012) and Rome I Regulation (EU 593/2008) provide that mandatory consumer protection laws of the consumer's home country cannot be displaced by choice-of-law clauses — rendering this clause unenforceable against EU residents with respect to mandatory EU consumer rights. In the US, the enforceability of forum selection clauses against consumers is assessed under M/S Bremen v. Zapata Off-Shore Co. (407 U.S. 1) and state-specific consumer protection statutes. California's own CLRA (Civil Code §1751) voids any waiver of California rights in consumer contracts.
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This clause requires non-California consumers to litigate in California courts under California law, which may be more expensive and burdensome for individual consumers and may be overridden by mandatory local consumer protection laws in other jurisdictions.
Consumers outside California who have a legal dispute with Apple face the practical burden of litigating in Santa Clara County, California, under California law, which may effectively deter many individual consumers from pursuing legitimate claims.
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