What can I do about this clause?

{'method': 'EMAIL', 'recipient': 'arbitration-opt-out@cloudflare.com', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': "Send a written notice to Cloudflare's designated arbitration opt-out address within 30 days of first accepting the agreement. Include your name, account email address, and a clear statement that you are opting out of the arbitration provision.", 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority to challenge mandatory arbitration clauses combined with class action waivers as unfair or deceptive practices under Section 5 of the FTC Act.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Mandatory Arbitration and Class Action Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Mandatory Arbitration and Class Action Waiver clauses across approximately 41 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Mandatory Arbitration and Class Action Waiver — Cloudflare

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What it is

Instead of going to court if you have a dispute with Cloudflare, you must resolve it through a private arbitration process, and you cannot join other customers in a class action lawsuit against Cloudflare.

Consumer impact (what this means for users)

If Cloudflare harms you financially or violates your rights, you cannot join other affected customers in a class action — you must individually arbitrate, which is expensive and rarely practical for small claims.

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
Send a written notice to Cloudflare's designated arbitration opt-out address within 30 days of first accepting the agreement. Include your name, account email address, and a clear statement that you are opting out of the arbitration provision.

Cross-platform context

See how other platforms handle Mandatory Arbitration and Class Action Waiver and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

This clause strips away your right to sue Cloudflare in court or participate in group lawsuits, which are often the only practical way to hold large companies accountable for small-dollar harms.

View original clause language

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Cloudflare agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You and Cloudflare expressly waive a trial by jury. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location we both agree to.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: The arbitration clause is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §1 et seq., which preempts most state-law challenges to arbitration agreements. The class action waiver implicates FTC Act Section 5 enforcement posture on unfair practices and has been scrutinized under CFPB rulemaking authority (12 C.F.R. Part 1040, though currently stayed). State consumer protection statutes in California (Cal. Civ. Code §1751, which voids arbitration clauses in CLRA disputes) and other jurisdictions may present enforceability challenges.

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Applicable agencies

FTC

The FTC has authority to challenge mandatory arbitration clauses combined with class action waivers as unfair or deceptive practices under Section 5 of the FTC Act.
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-003000

Document ID

CA-D-00281

Evidence Provenance

Source URL

https://www.cloudflare.com/terms/

Wayback Machine

View archived versions →

SHA-256

af37667e124d0363f143ca727e79c9a668751aece57f83a9121e317e2cdbdbca

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Cloudflare | Document: Cloudflare Terms of Use | Record: CA-P-003000
Captured: 2026-04-18 11:39:55 UTC | SHA-256: af37667e124d0363…
URL: https://conductatlas.com/platform/cloudflare/cloudflare-terms-of-use/mandatory-arbitration-and-class-action-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Mandatory Arbitration and Class Action Waiver