Any legal disputes not sent to arbitration will be handled in New York courts and under New York law, regardless of where you live.
This analysis describes what Noom'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
New York governing law means consumer protections under your home state's laws may not apply, and pursuing litigation would require engaging with New York courts even if you live in another state or country.
Interpretive note: Whether the New York choice-of-law clause overrides home state consumer protection provisions depends on the specific law at issue and the jurisdiction of the consumer; mandatory consumer protection statutes in certain states and the EU may apply regardless of this clause.
Noom's updated terms make clearer that the platform provides behavioral support, not medical treatment, and that coaching and food data features may not be fully accurate. This clarification is important for users who might view Noom as a substitute for medical advice or treatment. The terms now explicitly reserve Noom's right to suspend or revoke your access at any time, which expands the company's unilateral control over your account. Review the updated terms carefully, especially if you rely on Noom for health management or have shared sensitive health information on the platform.
View change record →Previous version had no excerpt text available; current version now specifies New York law and New York County courts, with carve-out for arbitrable disputes.
View full change record →If you have a dispute that falls outside arbitration, you would need to bring it in a New York court under New York law, which could make it impractical to pursue claims if you live elsewhere.
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 New York, without regard to its conflict of laws provisions. You and Noom agree to submit to the personal and exclusive jurisdiction and venue of the courts located in New York County, New York for any claims not subject to arbitration.— Excerpt from Noom's Noom Terms of Service
REGULATORY LANDSCAPE: Governing law clauses selecting New York law may not override mandatory consumer protection provisions of a consumer's home state where those provisions cannot be contractually waived. Courts have applied home state consumer protection laws in some cases despite contractual choice-of-law clauses. The FTC Act and applicable state consumer protection statutes may apply regardless of contractual choice-of-law. GOVERNANCE EXPOSURE: Low to Medium. New York governing law is a standard choice for US companies and provides a well-developed commercial law framework. The practical concern is for non-New York residents, particularly international users, for whom New York venue imposes access barriers. JURISDICTION FLAGS: EU and UK users may have non-waivable rights under GDPR and applicable consumer protection directives that cannot be displaced by New York choice-of-law clauses. California residents may retain rights under California consumer protection statutes regardless of the governing law clause. CONTRACT AND VENDOR IMPLICATIONS: B2B agreements referencing Noom's terms should assess whether New York governing law is appropriate for the contracting parties' jurisdiction and whether any local law requirements should be separately addressed. COMPLIANCE CONSIDERATIONS: Legal teams serving non-US users should assess whether the New York governing law clause is enforceable in their jurisdiction, particularly for EU and UK users with GDPR-based rights that require local enforcement mechanisms.
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New York governing law means consumer protections under your home state's laws may not apply, and pursuing litigation would require engaging with New York courts even if you live in another state or country.
If you have a dispute that falls outside arbitration, you would need to bring it in a New York court under New York law, which could make it impractical to pursue claims if you live elsewhere.
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
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