This analysis describes what DocuSign'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
If you need to take DocuSign to court for a matter outside arbitration, you would need to litigate in California, which may be impractical and costly for users located elsewhere.
Interpretive note: Enforceability of the forum selection clause against consumers outside California varies by jurisdiction; EU and UK consumer law may preserve the right to litigate in the consumer's home jurisdiction.
Users outside California who have a dispute with DocuSign that reaches court must litigate in San Francisco, creating a practical geographic and financial barrier to pursuing claims.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to or application of its conflict of law provisions or your state or country of residence. All claims and disputes that cannot be resolved through arbitration will be brought exclusively in the federal and state courts located in San Francisco County, California.Excerpt from DocuSign's Terms and Conditions
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If you need to take DocuSign to court for a matter outside arbitration, you would need to litigate in California, which may be impractical and costly for users located elsewhere.
Users outside California who have a dispute with DocuSign that reaches court must litigate in San Francisco, creating a practical geographic and financial barrier to pursuing claims.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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