Provision record
Gemini · Gemini User Agreement · View original document ↗

State-Based Agreement Bifurcation

Medium severity Medium confidence Explicit document language Common · 267 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Clause Stability Stable

0
Changes
5
Months Monitored
Apr 3, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 1500 other provisions on other platforms.

Consumer impact (what this means for users)

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.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Export Your Data
    Sign in to your Gemini account, navigate to your profile or account settings, and verify that the state listed in your address matches your actual state of residence to confirm which user agreement applies to you.

How other platforms handle this

Tinder Medium

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.

Datadog Medium

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.

Instacart Medium

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...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(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 …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
Gemini User Agreement
Entity
Gemini
Document last updated
May 5, 2026
Tracking information
First tracked
April 27, 2026
Last verified
May 10, 2026
Record ID
CA-P-000545
Document ID
CA-D-00066
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
e8b5bf111a2e5cd34888a16cf24675c30e228f9b1c29c5b20c26cccf5a6125f4
Analysis generated
April 27, 2026 11:53 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Gemini
Document: Gemini User Agreement
Record ID: CA-P-000545
Captured: 2026-04-27 11:53:11 UTC
SHA-256: e8b5bf111a2e5cd3…
URL: https://conductatlas.com/platform/gemini/gemini-user-agreement/provision/CA-P-000545/state-based-agreement-bifurcation/
Accessed: Aug. 18, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Gemini's State-Based Agreement Bifurcation clause do?

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.

How does this clause affect you?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.

Is ConductAtlas affiliated with Gemini?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Gemini.