Provision record
Binance.US · Binance.US Terms of Use · View original document ↗

Mandatory Binding Arbitration with Delegation Clause

High severity High confidence Explicit document language Unique · 0 of 352 platforms
Stay ahead of the changes
Track Binance.US and get the diff the day its terms change.
Share 𝕏 Share in Share 🔒 PDF
Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

High Jun 6, 2026

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 →

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Consumer impact (what this means for users)

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.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Review the Arbitration section of the Terms for the specific opt-out procedure, deadline, and mailing address. Submit written notice of opt-out within 30 days of first becoming subject to the arbitration agreement.

Cross-platform context

See how other platforms handle Mandatory Binding Arbitration with Delegation Clause and similar clauses.

Compare across platforms →
▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Consumer Financial Protection Bureau (cfpb)
    Regulates consumer financial products and services. Can investigate companies for unfair, deceptive, or abusive financial practices including improper fees, billing errors, and data misuse.
    Who can file: Anyone who has used a consumer financial product or service in the US
    What you need: Account number or details, dates of transactions or events, description of the issue, and any supporting documents
    What to expect: The company must respond within 15 days. The CFPB forwards your complaint and may use it in enforcement actions. Individual compensation is possible in some cases.
    File a complaint →
  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
Binance.US Terms of Use
Entity
Binance.US
Document last updated
March 14, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-013754
Document ID
CA-D-00064
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
cffde825480cc7798cd48c5eac416daf6ce31b4da32b254aa56b0b980ecba4bf
Analysis generated
July 9, 2026 03:54 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Binance.US
Document: Binance.US Terms of Use
Record ID: CA-P-013754
Captured: 2026-07-09 03:54:20 UTC
SHA-256: cffde825480cc779…
URL: https://conductatlas.com/platform/binanceus/binanceus-terms-of-use/provision/CA-P-013754/mandatory-binding-arbitration-with-delegation-clause/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Get the research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.

Frequently Asked Questions

What does Binance.US's Mandatory Binding Arbitration with Delegation Clause clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Binance.US?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Binance.US.