Gemini applies two different versions of its user agreement depending on which US state is listed in your account profile address, with New York, Texas, Louisiana, Idaho, and Ohio residents subject to a separate set of terms.
This analysis describes what Gemini'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 rights, dispute resolution mechanisms, fees, and protections available to you as a Gemini user may differ materially depending on which of the two agreements applies to your account.
Interpretive note: The substantive differences between the two agreements are not disclosed on this landing page, so the practical impact of the bifurcation cannot be fully assessed without reviewing both linked documents.
If you live in New York, Texas, Louisiana, Idaho, or Ohio, you are bound by a distinct agreement that may include different arbitration terms, fee structures, or regulatory protections compared to users in other states. Confirming your registered state and reading the correct agreement is the only way to know what terms actually govern your account.
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We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent.
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...
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"Residents of ID, LA, NY, OH, TX are subject to the terms of the [linked agreement]. Residents of AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OK, OR, PA, PR, RI, SC, SD, TN, UT, VT, VA, WA, DC, WV, WI, WY are subject to the [linked agreement].— Excerpt from Gemini's Gemini User Agreement
(1) REGULATORY LANDSCAPE: The bifurcation of user agreements by state engages state money transmission laws and, most significantly for New York residents, the NYDFS BitLicense framework, which imposes prescriptive consumer protection, disclosure, and operational requirements on virtual currency businesses. The FTC Act's prohibition on unfair or deceptive practices may also apply if users are routed to an incorrect agreement due to address verification failures. State attorneys general in the five designated states retain enforcement authority over consumer protection violations within their jurisdiction. (2) GOVERNANCE EXPOSURE: Medium-High. The routing mechanism creates operational risk if users have inaccurate or outdated state information in their account profiles, potentially binding users to the wrong agreement. Compliance teams should evaluate whether the address-based determination is legally sufficient to establish jurisdictional applicability, particularly in states with specific disclosure or consent requirements for digital financial services. (3) JURISDICTION FLAGS: New York creates the highest exposure given the NYDFS BitLicense regime's detailed requirements. Texas and other listed states have their own money transmission licensing frameworks that may impose distinct obligations. California residents, though routed to the general agreement, face heightened scrutiny under the CCPA and California's consumer financial protection statutes. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should obtain both linked agreements in full before completing due diligence. The landing page alone does not disclose whether the two agreements differ on indemnification, liability caps, arbitration scope, or data sharing, all of which are material to B2B and institutional assessments. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should map which employee, customer, or counterparty accounts are registered under each state and ensure the correct agreement version is tracked for each. Address change processes should be reviewed to confirm that agreement version updates are triggered appropriately upon relocation.
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The rights, dispute resolution mechanisms, fees, and protections available to you as a Gemini user may differ materially depending on which of the two agreements applies to your account.
If you live in New York, Texas, Louisiana, Idaho, or Ohio, you are bound by a distinct agreement that may include different arbitration terms, fee structures, or regulatory protections compared to users in other states. Confirming your registered state and reading the correct agreement is the only way to know what terms actually govern your account.
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