California law governs the terms, and any court disputes (those not handled through arbitration) must be resolved in courts in San Mateo County, California, regardless of where you live.
This analysis describes what Khan Academy'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
Being required to litigate in California courts may be impractical for users in other states or countries, effectively creating a geographic barrier to legal recourse even when arbitration does not apply.
Non-California users who successfully opt out of arbitration or who bring disputes outside the arbitration process must still resolve them in California courts, which may be geographically and financially impractical for many users. EU and UK users may find this clause unenforceable under local consumer protection law that guarantees access to courts in the consumer's home jurisdiction.
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 are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in San Mateo County, California, and you consent to personal jurisdiction in those courts.— Excerpt from Khan Academy's Khan Academy Terms of Service
REGULATORY LANDSCAPE: Forum selection clauses designating California courts are standard for California-based companies and generally enforceable in U.S. commercial contexts. For consumer contracts, some states and countries impose limits on the enforceability of distant forum selection clauses. EU consumer protection law generally requires that consumers be able to access courts in their home jurisdiction, making this clause potentially unenforceable against EU/EEA residents. GOVERNANCE EXPOSURE: Low to Medium. For U.S. users who opt out of arbitration, the California forum requirement is a meaningful practical barrier. For EU/EEA users, the clause is likely unenforceable as a matter of applicable consumer law, creating a gap between the document's assertion and likely legal outcome. JURISDICTION FLAGS: EU/EEA users retain the right to sue in their home jurisdiction under EU consumer protection rules, regardless of what this clause states. UK users have similar protections. For U.S. users outside California, the practical barrier of litigating in San Mateo County may effectively deter legal action on smaller claims. CONTRACT AND VENDOR IMPLICATIONS: Institutional customers outside California should assess whether the forum selection clause is acceptable in the context of their School Agreement and, if not, negotiate a more neutral forum or arbitration seat. Government entities and public school districts may have sovereign immunity or public procurement constraints that interact with this clause. COMPLIANCE CONSIDERATIONS: EU/EEA legal teams should note that the governing law and forum selection clauses cannot override mandatory consumer protection rights in EU member states. A choice of California law provision may still be respected for contractual interpretation purposes, but EU mandatory laws will apply to the extent they provide stronger consumer protections.
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Being required to litigate in California courts may be impractical for users in other states or countries, effectively creating a geographic barrier to legal recourse even when arbitration does not apply.
Non-California users who successfully opt out of arbitration or who bring disputes outside the arbitration process must still resolve them in California courts, which may be geographically and financially impractical for many users. EU and UK users may find this clause unenforceable under local consumer protection law that guarantees access to courts in the consumer's home jurisdiction.
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