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
The clause establishes the procedural framework for dispute resolution and modifies the default judicial forum. By mandating arbitration and class action waiver, the provision concentrates dispute resolution in a bilateral arbitration process rather than collective litigation or jury-based court proceedings.
Interpretive note: Enforceability of the class action waiver may vary by jurisdiction, particularly in California, where courts have found certain consumer arbitration waivers unconscionable; applicable law may limit how fully these terms apply in practice.
Users are required to pursue disputes through individual binding arbitration rather than court litigation, and are precluded from participating in class actions or collective proceedings against Apple. Claims eligible for small claims court remain subject to that exception.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLE MEDIA SERVICES WILL BE SETTLED BY BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision. YOU HEREBY AGREE THAT YOU AND APPLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.— Excerpt from Apple Pay's Apple Media Services Terms
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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The clause establishes the procedural framework for dispute resolution and modifies the default judicial forum. By mandating arbitration and class action waiver, the provision concentrates dispute resolution in a bilateral arbitration process rather than collective litigation or jury-based court proceedings.
Users are required to pursue disputes through individual binding arbitration rather than court litigation, and are precluded from participating in class actions or collective proceedings against Apple. Claims eligible for small claims court remain subject to that exception.
ConductAtlas has identified this type of provision across 133 platforms. See the full comparison.
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