This analysis describes what Descript'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 informal resolution requirement creates a mandatory 30-day waiting period before arbitration can be initiated, and binds the user to arbitration as the dispute resolution mechanism if informal efforts fail.
The reader must attempt to resolve disputes with Descript informally before initiating arbitration, and must wait up to 30 days before either party can submit the dispute to binding arbitration.
How other platforms handle this
except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns...
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"for any Dispute that you have against us, you agree to first contact us and attempt to resolve the claim informally...If you and us cannot reach an agreement to resolve the Dispute within thirty (30) days...either party may submit the Dispute to binding arbitration...— Excerpt from Descript's Descript Terms of Service
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The informal resolution requirement creates a mandatory 30-day waiting period before arbitration can be initiated, and binds the user to arbitration as the dispute resolution mechanism if informal efforts fail.
The reader must attempt to resolve disputes with Descript informally before initiating arbitration, and must wait up to 30 days before either party can submit the dispute to binding arbitration.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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