This analysis describes what Replit'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 updated terms establish mandatory arbitration for all disputes, with a 30-day opt-out window from the date you first agree to the new terms. Unless you opt out, you waive your right to resolve disputes in court or before a jury, and you cannot participate in class actions or consolidated claims. The agreement also lowers the minimum age to 13 years old (with parental consent for users under 18), expanding who can use the platform. If you publish content that collects personal information from others, you are now responsible for complying with applicable privacy laws, obtaining user consent, and providing privacy notices. You can opt out of arbitration by submitting a written notice to Replit within 30 days of first agreeing to these updated terms.
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These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws.
"If any provision of these Terms are found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the parties will modify or reform the Terms to give as much effect as possible to that provision.Excerpt from Replit's Terms of Service
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The clause states: “If any provision of these Terms are found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the parties will modify or reform the Terms to give as much effect as possible to that provision.”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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