Shopify · Shopify Terms of Service

Mandatory Arbitration and Class Action Waiver

High severity
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What it is

If you have a dispute with Shopify, you must resolve it through private arbitration rather than going to court, and you cannot join a class action lawsuit with other affected merchants.

Consumer impact (what this means for users)

US merchants who accept these terms are bound to resolve all disputes with Shopify through individual arbitration, eliminating access to jury trials and class action lawsuits that might otherwise hold Shopify accountable for systemic practices affecting large numbers of merchants.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Send a written email to Shopify's legal team within 30 days of first accepting the Terms of Service stating clearly that you are opting out of the mandatory arbitration clause. Include your full name, store name, and account email address.

How other platforms handle this

Meta Medium

These Terms and any dispute arising out of or related to them will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or related to these Terms must be brought exclusively in the state or federal courts...

Nintendo Medium

The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have revie...

PayPal Medium

To be eligible for PayPal's Purchase Protection program you must meet all of the following requirements: Have a PayPal account in good standing. Pay for the eligible item from your PayPal account. Attempt to contact the seller to resolve your issue directly before filing a claim through the Resoluti...

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Why it matters (compliance & risk perspective)

This clause means merchants give up their right to sue Shopify in court or join collective lawsuits, which are often the only practical way for individuals to challenge large corporations over smaller but widespread harms like improper fee charges or wrongful account suspensions.

View original clause language
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision is governed by the Federal Arbitration Act (9 U.S.C. §§1-16), which broadly preempts state law challenges to arbitration agreements. The class action waiver implicates FTC Act Section 5 (15 U.S.C. §45) where such waivers are used in conjunction with unfair or deceptive practices. EU merchants should note that mandatory arbitration clauses waiving court access may be unenforceable under EU Directive 93/13/EEC (Unfair Contract Terms Directive) and GDPR Article 79, which guarantees the right to an effective judicial remedy.

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Applicable agencies

  • FTC
    The FTC has enforcement authority over unfair or deceptive trade practices under Section 5 of the FTC Act, including the use of mandatory arbitration clauses that may insulate companies from accountability for systemic consumer harm.
    File a complaint →

Provision details

Document information
Document
Shopify Terms of Service
Entity
Shopify
Document last updated
March 24, 2026
Tracking information
First tracked
April 27, 2026
Last verified
April 27, 2026
Record ID
CA-P-002641
Document ID
CA-D-00123
Evidence Provenance
Source URL
Wayback Machine
SHA-256
b67629f651045b940c262577ce4059a7db1e4e138ab34c8ad6d22f727e33d763
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Shopify | Document: Shopify Terms of Service | Record: CA-P-002641
Captured: 2026-04-27 12:43:34 UTC | SHA-256: b67629f651045b94…
URL: https://conductatlas.com/platform/shopify/shopify-terms-of-service/mandatory-arbitration-and-class-action-waiver/
Accessed: April 28, 2026
Classification
Severity
High
Categories

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