This clause requires US-based users to resolve virtually all disputes with Superhuman through binding individual arbitration administered by NAM under the Federal Arbitration Act, rather than through court litigation, with limited exceptions for small claims court and IP injunctive relief. EEA users and users in jurisdictions that prohibit such clauses are explicitly excluded from this requirement.
This analysis describes what Grammarly'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
This provision establishes that disputes must proceed through individual arbitration, which forecloses class action litigation and jury trials for US users who do not opt out within 30 days. The clause covers disputes arising under prior versions of the Terms, extending its scope retroactively.
Under this clause, US users who do not opt out within 30 days of accepting the Terms are required to resolve disputes with Superhuman through binding individual arbitration, waiving the ability to participate in class action lawsuits or jury trials. The agreement preserves small claims court access and IP injunctive relief as limited exceptions.
How other platforms handle this
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
"You and Superhuman agree to mandatory individual arbitration for all claims arising out of or relating in any way to your access to or use of the Services, the Apps or the Site, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, the Apps or the Site and actions or statements by Superhuman, in each case including disputes that arose before the effective date of these Terms (each, a "Dispute"). The exception is that we each may (1) bring qualifying individual claims in "small claims" court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights.Excerpt from Grammarly's Terms of Service
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Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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This provision establishes that disputes must proceed through individual arbitration, which forecloses class action litigation and jury trials for US users who do not opt out within 30 days. The clause covers disputes arising under prior versions of the Terms, extending its scope retroactively.
Under this clause, US users who do not opt out within 30 days of accepting the Terms are required to resolve disputes with Superhuman through binding individual arbitration, waiving the ability to participate in class action lawsuits or jury trials. The agreement preserves small claims court access and IP injunctive relief as limited exceptions.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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