The agreement requires that substantially all disputes between users and BAM be resolved through binding individual arbitration rather than court proceedings, and delegates questions about the arbitration clause's scope and applicability to an arbitrator rather than a judge.
This analysis describes what Binance.US'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 disputes to proceed through individual arbitration under the stated terms, and the delegation clause means that challenges to whether a dispute is arbitrable are also resolved by the arbitrator. This provision operates alongside the class action waiver, meaning users cannot aggregate claims with other users in a single proceeding.
The updated terms introduce automatic enrollment in Soft-Staking for eligible tokens held in user accounts, meaning assets will be staked on Binance.US's behalf with third-party providers unless users opt out before the policy takes effect. Previously, the terms stated staking was optional and required explicit designation. The revised language also establishes that starting July 1, 2026, users will receive at least 14 days' notice before material changes to fee schedules, terms, or account policies take effect. Users can avoid automatic staking by opting out before July 1, 2026, or by withdrawing or designating specific tokens as ineligible for Soft-Staking.
View change record →Under this clause, users who have disputes with BAM are required to pursue those disputes through individual binding arbitration rather than court litigation or class proceedings. The delegation clause establishes that the arbitrator, not a court, determines whether a given dispute falls within the arbitration agreement's scope.
Cross-platform context
See how other platforms handle Mandatory Binding Arbitration with Delegation Clause and similar clauses.
Compare across platforms →"PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS REGARDING THE RESOLUTION OF DISPUTES BETWEEN YOU AND BAM, INCLUDING AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND BAM SHALL BE RESOLVED BY BINDING ARBITRATION. THESE TERMS ALSO CONTAIN A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE READ THESE SECTIONS OF THE TERMS CAREFULLY. ... Contain a clause that delegates decisions regarding the interpretation and application of the arbitration clause to an arbitrator and not to a court or judge.Excerpt from Binance.US's Terms of Use
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This provision requires disputes to proceed through individual arbitration under the stated terms, and the delegation clause means that challenges to whether a dispute is arbitrable are also resolved by the arbitrator. This provision operates alongside the class action waiver, meaning users cannot aggregate claims with other users in a single proceeding.
Under this clause, users who have disputes with BAM are required to pursue those disputes through individual binding arbitration rather than court litigation or class proceedings. The delegation clause establishes that the arbitrator, not a court, determines whether a given dispute falls within the arbitration agreement's scope.
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