This analysis describes what PlanetScale'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
The claim establishes that binding arbitration is available only as a last resort, after two prior resolution steps have failed, limiting when this right can be exercised.
You have the right to pursue binding arbitration through the Data Privacy Framework Panel, but only after both PlanetScale and its third-party dispute resolution provider have failed to resolve your complaint.
How other platforms handle this
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns...
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...
"If neither PlanetScale nor our third-party dispute resolution provider resolves your complaint, you may pursue binding arbitration through the Data Privacy Framework Panel.Excerpt from PlanetScale's Privacy Policy
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.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The claim establishes that binding arbitration is available only as a last resort, after two prior resolution steps have failed, limiting when this right can be exercised.
You have the right to pursue binding arbitration through the Data Privacy Framework Panel, but only after both PlanetScale and its third-party dispute resolution provider have failed to resolve your complaint.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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