Unilateral Terms Modification

What it is

DraftKings can change these terms at any time, and simply continuing to use the platform counts as your agreement to whatever the new terms say.

Why it matters (compliance & governance perspective)

This means the rules governing your account, your rights, and DraftKings' obligations to you can change without requiring your explicit agreement, which makes it difficult to rely on the terms as you understood them when you signed up.

Consumer impact (what this means for users)

Material changes to the terms, including changes to arbitration, fees, eligibility, or withdrawal rights, could take effect without your affirmative consent simply because you continue using DraftKings, which may catch users off guard particularly if notice is not prominently communicated.

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: Unilateral modification clauses that deem continued use as acceptance have faced regulatory scrutiny, particularly in the EU under GDPR and the Unfair Contract Terms Directive, but also in US jurisdictions under FTC consumer protection authority and state consumer protection statutes. Courts have in some cases required that material modifications, particularly to arbitration clauses or financial terms, be accompanied by more affirmative consent mechanisms. GOVERNANCE EXPOSURE: Medium. The provision is common in consumer service agreements, but its interaction with the mandatory arbitration clause is significant: if arbitration terms are modified, the adequacy of notice-by-continued-use as a consent mechanism may face legal challenge. The document does not specify the type or prominence of notice to be provided before changes take effect. JURISDICTION FLAGS: European and UK users, if any are covered by these terms, would be subject to stricter modification consent requirements under GDPR and consumer contract regulations. California consumers may have heightened protections under CCPA and state consumer protection law regarding material contract modifications. The absence of a specified notice period or form creates potential exposure in jurisdictions requiring meaningful notice. CONTRACT AND VENDOR IMPLICATIONS: Affiliate partners and B2B relationships that reference these consumer terms should track modification history and assess whether changes affect their own obligations or exposures under separate commercial agreements. COMPLIANCE CONSIDERATIONS: Compliance teams should establish a process to document all material modifications to the terms, the notice provided to users before changes take effect, and records of user activity post-change. For modifications to arbitration or financial provisions specifically, the adequacy of constructive consent through continued use should be reviewed against applicable law in key user jurisdictions. A proactive affirmative consent mechanism for material changes would reduce enforcement risk.

Applicable agencies

Provision details

Other risks in this policy

• Mandatory Arbitration and Class Action Waiver high
• No-Refund Policy on Deposits high
• Account Termination Without Notice high
• User Indemnification of DraftKings medium
• Geographic Eligibility Restrictions medium
• Segregated Player Funds Account low

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