California law governs your agreement with Medium, and any court disputes that are not sent to arbitration must be filed in courts in San Francisco, California.
This analysis describes what Medium'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
If you live outside California and have a dispute with Medium that is not resolved through arbitration, you may be required to litigate in California courts, which creates practical barriers for out-of-state users.
The updated terms expand a data collection warranty to apply to all personal information users provide to Medium, not limited to newsletter editor submissions. Users now represent and warrant that any personal information they submit has been lawfully collected and that all required notices and consents were obtained before collection. This means the warranty applies whether data is provided through newsletters, account profiles, submissions, or other Medium features. If a user provides personal information collected without proper notice or consent, they may be in breach of this representation.
View change record →Minor wording refinement from 'conflict of law provisions' to 'its conflict of laws provisions' and from 'personal jurisdiction and venue' to 'exclusive jurisdiction.'
View full change record →Non-California users who have a dispute with Medium that falls outside the arbitration clause would need to litigate in San Francisco courts, which may be practically inaccessible and cost-prohibitive for most individuals.
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 laws provisions. Any disputes not subject to arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.— Excerpt from Medium's Medium Terms of Service
(1) REGULATORY LANDSCAPE: California governing law clauses are standard in technology platform agreements. However, EU and UK consumer protection law generally does not allow mandatory foreign governing law clauses to strip consumers of protections afforded by their home jurisdiction's mandatory rules. GDPR enforcement, for example, is not limited by a platform's choice of California law. (2) GOVERNANCE EXPOSURE: Low for U.S. users in most circumstances, given the prevalence of California law clauses in technology contracts and the combined effect of the arbitration clause (which handles most disputes). Medium for international users, particularly EU and UK residents, where home jurisdiction mandatory consumer protections may override the California choice-of-law clause. (3) JURISDICTION FLAGS: EU and UK users should be aware that their statutory consumer and data protection rights are not waived by a California governing law clause. Cross-border dispute resolution for non-U.S. users may engage EU consumer ODR (Online Dispute Resolution) frameworks independent of Medium's arbitration and governing law provisions. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations contracting with Medium outside California should assess whether the exclusive jurisdiction clause creates litigation burden if a commercial dispute arises. The clause applies only to non-arbitrable disputes, which limits its practical scope given the breadth of the arbitration agreement. (5) COMPLIANCE CONSIDERATIONS: International users and organizations with EU or UK operations should assess whether California governing law is compatible with their applicable regulatory obligations and whether GDPR-based claims can be pursued through EU supervisory authorities independently of this clause.
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If you live outside California and have a dispute with Medium that is not resolved through arbitration, you may be required to litigate in California courts, which creates practical barriers for out-of-state users.
Non-California users who have a dispute with Medium that falls outside the arbitration clause would need to litigate in San Francisco courts, which may be practically inaccessible and cost-prohibitive for most individuals.
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