This analysis describes what Coinbase'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
The waiver eliminates users' constitutional right to have a jury decide disputes that proceed in court, limiting adjudication to a judge alone.
The updated terms expand Coinbase's authority to liquidate customer assets without notice to cover clearinghouse losses. Previously, liquidation was authorized only if you failed to pay for securities purchased or failed to deliver securities sold. The revised language now also permits liquidation if a transfer of securities into your account at CCM fails or is reversed. This means the platform can use your property to cover losses stemming from incoming transfer failures, in addition to settlement failures on your own trades. The authorization continues to require only that CCM make a demand for payment to Coinbase, without notice to you.
View change record →The updated terms establish procedures for handling protocol upgrades and define Coinbase's role in migrating customer assets to new versions. Under the revised language, by maintaining a Coinbase account, customers are deemed to have instructed Coinbase to conduct Coinbase Supported Migrations on their behalf at times and in manner Coinbase solely determines appropriate. The agreement further states that Coinbase shall not be liable or responsible for any loss resulting from inability to transfer Digital Assets during a migration or from the Asset Transformation itself. This expands Coinbase's authority to act without advance notice while eliminating liability for migration-related losses.
View change record →The updated terms now explicitly disclose Coinbase's fee structure for California residents, establishing a $10 maximum fee for transactions under $200 and a 6% maximum for larger transactions, though actual fees displayed at checkout may be lower based on payment method, order size, market conditions, and location. The revised agreement also clarifies that virtual currency transactions may be irreversible and provides links to procedures for reporting unauthorized transactions, updating contact information, and accessing transaction receipts. Coinbase commits to providing California residents at least 14 days' prior notice of material changes to fees or terms affecting their accounts.
View change record →If any dispute proceeds in court, users waive the right to have it decided by a jury and must have it resolved by a judge.
How other platforms handle this
all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator...
except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
"YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court... you and we agree to waive any right to a jury trial and have such matter resolved by a judge...Excerpt from Coinbase's User Agreement
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The waiver eliminates users' constitutional right to have a jury decide disputes that proceed in court, limiting adjudication to a judge alone.
If any dispute proceeds in court, users waive the right to have it decided by a jury and must have it resolved by a judge.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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