Legal disputes about these terms are governed by Delaware law and must be brought in courts in New Castle County, Delaware, unless they go through arbitration instead.
This analysis describes what Duolingo'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 clause specifies the substantive law governing the contractual relationship and designates the exclusive forum for litigation, which determines the procedural rules and venue for any non-arbitrated disputes between the parties.
Interpretive note: Enforceability of choice-of-law and forum selection clauses in consumer contracts varies by jurisdiction; EU, UK, and some US state consumer protection laws may limit their application.
For the narrow categories of disputes not covered by the arbitration clause, users must bring legal claims under Delaware law in courts located in New Castle County, Delaware, regardless of where the user is located.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. For any actions not subject to Section 11 (Dispute Resolution), you and Duolingo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New Castle County, Delaware.— Excerpt from Duolingo's Duolingo Terms of Service
(1) REGULATORY LANDSCAPE: Forum selection and choice-of-law clauses in consumer contracts may interact with consumer protection laws in the user's home state or country, particularly in the EU and UK where mandatory consumer protection provisions cannot be contractually waived. California courts have at times declined to enforce forum selection clauses that effectively deprive California residents of their California consumer protection rights. (2) GOVERNANCE EXPOSURE: Low. Delaware choice of law and jurisdiction is a standard corporate practice for US companies incorporated in Delaware, and the practical impact is limited given the mandatory arbitration clause covers most disputes. The carve-out for injunctive relief related to intellectual property preserves Duolingo's ability to seek emergency relief in Delaware courts. (3) JURISDICTION FLAGS: EU and UK users are subject to Duolingo Ireland Limited's terms, and EU and UK consumer protection law may override choice-of-law clauses in consumer contracts, preserving the application of local mandatory consumer protection rules. California residents may be able to assert California law rights notwithstanding the Delaware choice-of-law clause in certain contexts. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise contracts or B2B relationships may require negotiation of forum selection and governing law, as the standard consumer terms designate Delaware exclusively. (5) COMPLIANCE CONSIDERATIONS: Legal teams operating in multiple jurisdictions should assess whether Delaware choice-of-law clauses are enforceable in their relevant geographies, particularly for EU/UK deployments where local consumer protection law may apply regardless of contractual choice.
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The clause specifies the substantive law governing the contractual relationship and designates the exclusive forum for litigation, which determines the procedural rules and venue for any non-arbitrated disputes between the parties.
For the narrow categories of disputes not covered by the arbitration clause, users must bring legal claims under Delaware law in courts located in New Castle County, Delaware, regardless of where the user is located.
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