The agreement requires users and Skillshare to resolve disputes through individual binding arbitration administered by JAMS, rather than through court proceedings, and prohibits participation in class action lawsuits or class-wide arbitration.
This analysis describes what Skillshare'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
This provision requires disputes to proceed through individual JAMS arbitration under New York law, which determines the procedural forum and applicable rules for any legal claims between users and Skillshare. The class action waiver component means that users cannot aggregate claims with other users, which may be relevant to the practical viability of small-value claims.
Under this clause, users who have a dispute with Skillshare must pursue it individually through JAMS arbitration rather than in court. The agreement waives participation in class actions or class-wide arbitration proceedings for covered disputes.
How other platforms handle this
You and Superhuman agree to mandatory individual arbitration for all claims arising out of or relating in any way to your access to or use of the Services, the Apps or the Site, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmit...
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH XAI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM XAI. EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS EQUITABLE AND OTHER RELIEF FOR THE ALLEGED UNLAWFUL USE OF COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"You and Skillshare agree to resolve any disputes between us through binding individual arbitration rather than in court. This means you waive your right to have your disputes decided by a judge or jury. You also waive your right to participate in a class action lawsuit or class-wide arbitration.— Excerpt from Skillshare's Skillshare Terms of Service
1. REGULATORY LANDSCAPE: This provision engages the Federal Arbitration Act (FAA), which generally governs the enforceability of arbitration agreements in commerce. State-level scrutiny applies in California (where courts and the legislature have imposed procedural requirements on consumer arbitration agreements) and New Jersey. The FTC and State Attorneys General retain authority to pursue enforcement actions independent of arbitration provisions. The Consumer Financial Protection Bureau has also issued rules in related contexts, though Skillshare is not a financial services provider. 2. GOVERNANCE EXPOSURE: High. Mandatory consumer arbitration clauses with class action waivers are subject to ongoing judicial and legislative challenge, particularly in California under state consumer protection statutes. The application of these terms to Superpeer users who may not have previously agreed to arbitration creates additional exposure regarding notice adequacy and consent. 3. JURISDICTION FLAGS: California users face heightened exposure; California courts have in some instances declined to enforce arbitration provisions that do not meet procedural standards under state law. EU users may have additional protections under consumer protection frameworks that could limit enforceability of mandatory arbitration clauses in those jurisdictions. The governing law is New York, which may create tension with user rights in other jurisdictions. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B or institutional procurement teams using Skillshare for employee training should assess whether this arbitration clause applies to enterprise agreements, or whether separate commercial terms govern those relationships. The clause as written appears to apply to all users, which may warrant negotiation of carve-outs in enterprise contracts. 5. COMPLIANCE CONSIDERATIONS: Legal teams should audit whether adequate notice and opt-out mechanisms were provided to Superpeer users transitioning to Skillshare's terms. The 30-day opt-out window should be documented as part of the onboarding consent flow. Review whether JAMS consumer arbitration rules are current and whether fee-allocation provisions comply with applicable state requirements for consumer arbitration.
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This provision requires disputes to proceed through individual JAMS arbitration under New York law, which determines the procedural forum and applicable rules for any legal claims between users and Skillshare. The class action waiver component means that users cannot aggregate claims with other users, which may be relevant to the practical viability of small-value claims.
Under this clause, users who have a dispute with Skillshare must pursue it individually through JAMS arbitration rather than in court. The agreement waives participation in class actions or class-wide arbitration proceedings for covered disputes.
ConductAtlas has identified this type of provision across 111 platforms. See the full comparison.
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