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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Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflict of law analysis.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of New York, without reference to its choice of law principles.
The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., exclusively governs the interpretation and enforcement of this Arbitration Agreement and preempts state laws...
"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 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 …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
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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.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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