Cloudflare · Cloudflare Terms of Use

Governing Law and Jurisdiction

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What it is

Any legal dispute with Cloudflare that goes to court must be heard in California courts under Delaware law, regardless of where you live — making it very inconvenient for most users to pursue claims.

Consumer impact (what this means for users)

If you have a legal dispute with Cloudflare, you must bring it in San Francisco, California courts under Delaware law — a practical barrier for users in other states or countries who cannot afford to litigate out of state.

Cross-platform context

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Why it matters (compliance & risk perspective)

Requiring disputes to be resolved under Delaware law in California courts effectively makes it impractical for most users outside California to pursue legal claims against Cloudflare, further limiting your legal options alongside the arbitration clause.

View original clause language
These Terms will be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) that has arisen or may arise between you and Cloudflare relating to or arising out of these Terms or our Services will, in the event that the agreement to arbitrate below is found inapplicable, be resolved exclusively in a state or federal court located in San Francisco, California.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Forum selection and choice-of-law clauses are governed by the FAA (for arbitration) and the Full Faith and Credit Clause for interstate disputes. Delaware corporate law governs the substantive contract interpretation. California courts (Northern District or San Francisco Superior Court) have venue. Forum selection clauses are generally enforceable under M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972), but may be overridden by consumer protection statutes (e.g., California Code of Civil Procedure §395). EU consumers retain rights to sue in their home jurisdiction under Brussels I Regulation (Recast) (EU No. 1215/2012), rendering this clause potentially unenforceable against EU consumers.

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Applicable agencies

  • FTC
    The FTC may examine forum selection clauses that in combination with arbitration requirements effectively deny consumers practical access to legal remedies, as an unfair practice under Section 5.
    File a complaint →

Provision details

Document information
Document
Cloudflare Terms of Use
Entity
Cloudflare
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-003008
Document ID
CA-D-00281
Evidence Provenance
Source URL
Wayback Machine
SHA-256
af37667e124d0363f143ca727e79c9a668751aece57f83a9121e317e2cdbdbca
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Cloudflare | Document: Cloudflare Terms of Use | Record: CA-P-003008
Captured: 2026-04-18 11:39:55 UTC | SHA-256: af37667e124d0363…
URL: https://conductatlas.com/platform/cloudflare/cloudflare-terms-of-use/governing-law-and-jurisdiction/
Accessed: May 2, 2026
Classification
Severity
Medium
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