The Terms require most non-Australian users to resolve all disputes with Kick through individual binding arbitration, waiving the right to jury trial and class action participation, including for claims that arose before the user agreed to these Terms. An opt-out mechanism is available under Section 11.4.
This analysis describes what Kick'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 clause requires individual arbitration for all disputes and asserts retroactive application to pre-agreement claims, which may face enforceability scrutiny under unconscionability doctrine and consumer protection statutes in multiple jurisdictions. The class action waiver limits users' ability to aggregate claims in collective proceedings, which is a procedurally significant restriction on dispute resolution pathways.
Interpretive note: Enforceability of the retroactive application scope and class action waiver varies significantly by jurisdiction; EU, UK, and Australian frameworks may render these provisions unenforceable for users in those regions.
Under this clause, users who do not opt out are required to resolve disputes with Kick through individual arbitration rather than court proceedings, and cannot participate in class, collective, or representative actions. The agreement states this applies to claims that arose before the user agreed to the Terms, though enforceability of this retroactive scope may vary by jurisdiction.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration with Retroactive Application and similar clauses.
Compare across platforms →"THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 11.3 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 11.7 THAT REQUIRE, UNLESS YOU ARE AN AUSTRALIAN USER OR YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 11.4, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AND UNLESS YOU ARE AN AUSTRALIAN USER, YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.Excerpt from Kick's Terms of Service
1.
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
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This clause requires individual arbitration for all disputes and asserts retroactive application to pre-agreement claims, which may face enforceability scrutiny under unconscionability doctrine and consumer protection statutes in multiple jurisdictions. The class action waiver limits users' ability to aggregate claims in collective proceedings, which is a procedurally significant restriction on dispute resolution pathways.
Under this clause, users who do not opt out are required to resolve disputes with Kick through individual arbitration rather than court proceedings, and cannot participate in class, collective, or representative actions. The agreement states this applies to claims that arose before the user agreed to the Terms, though enforceability of this retroactive scope may vary by jurisdiction.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Kick.