Any legal dispute with Cerebras must be handled under California law in courts located in Santa Clara County, California, regardless of where you are located.
This analysis describes what Cerebras'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
Users outside California, including international users and businesses in other U.S. states, are required to resolve disputes in a California court, which may be geographically and financially impractical.
Interpretive note: Enforceability against non-California U.S. consumers and EU/EEA users depends on applicable jurisdiction; EU consumer law may override this clause for EU residents.
This clause means that if you have a legal dispute with Cerebras, you may be required to litigate it in Santa Clara County, California, even if you are located elsewhere, which could significantly increase the cost and difficulty of pursuing a claim.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California.— Excerpt from Cerebras's Cerebras Terms of Service
REGULATORY LANDSCAPE: Exclusive forum selection clauses designating California courts are standard in Silicon Valley technology agreements and are generally enforceable in commercial contracts. However, their enforceability against consumers varies by jurisdiction, and EU/EEA users may retain the right to litigate in their home jurisdiction under applicable EU consumer protection directives. GDPR does not permit waiver of EU data subject rights through a foreign jurisdiction clause. GOVERNANCE EXPOSURE: Low to Medium. For business customers the clause is standard and the California choice of law is predictable and well-developed for technology disputes. For individual consumers, particularly those outside the United States, the practical effect of requiring litigation in Santa Clara County may function as a de facto barrier to claims, even where the liability cap makes small claims theoretically available. JURISDICTION FLAGS: EU/EEA consumers cannot be deprived of mandatory local consumer law protections by a foreign governing law clause, making this provision of limited effect against EU residents for matters governed by EU consumer law or GDPR. UK users may similarly retain local forum rights under UK consumer law post-Brexit. Non-California U.S. residents may find the forum selection clause enforceable but practically burdensome. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether the California governing law and exclusive jurisdiction clause is acceptable in the context of their organization's standard vendor contract requirements. Organizations operating under non-U.S. legal frameworks should consider whether supplemental jurisdiction agreements or data processing addenda are required. COMPLIANCE CONSIDERATIONS: Organizations subject to GDPR should assess whether the governing law clause affects their ability to enforce data subject rights or contractual data protection obligations. Legal teams in non-U.S. jurisdictions should confirm whether the California choice of law provision is enforceable against their organization's data protection rights under local law.
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Users outside California, including international users and businesses in other U.S. states, are required to resolve disputes in a California court, which may be geographically and financially impractical.
This clause means that if you have a legal dispute with Cerebras, you may be required to litigate it in Santa Clara County, California, even if you are located elsewhere, which could significantly increase the cost and difficulty of pursuing a claim.
ConductAtlas has identified this type of provision across 201 platforms. See the full comparison.
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