Disputes with Stability AI that are not handled through arbitration are governed by Delaware law and must be brought in courts located in Delaware.
This analysis describes what Stability AI'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 clause requires users who pursue non-arbitration disputes to litigate in Delaware under Delaware law, which may be geographically and financially inaccessible for many users, particularly those outside the United States.
Interpretive note: EU and UK consumer protection law may limit the enforceability of the Delaware forum selection and choice of law provisions for users in those jurisdictions; applicability depends on the user's location and relevant mandatory local law.
Users who have disputes with Stability AI that fall outside the arbitration provision must litigate in Delaware courts under Delaware law, regardless of where the user is located, which may create a practical barrier to pursuing legal claims.
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 shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.— Excerpt from Stability AI's Stability AI Terms of Service
1. REGULATORY LANDSCAPE: Choice of law and forum selection clauses in consumer contracts may require evaluation under EU Regulation 593/2008 (Rome I) and Regulation 44/2001 (Brussels I), which may require that consumers in EU member states benefit from mandatory protections of their home jurisdiction law. UK conflicts of law principles similarly may limit the enforceability of a Delaware choice of law clause against UK consumers. In the US, forum selection clauses are generally enforceable in commercial contexts but may face challenge in consumer contracts. 2. GOVERNANCE EXPOSURE: Medium. The Delaware forum selection may be operationally inaccessible for individual consumers and non-US users, creating a de facto barrier to dispute resolution for those not subject to the arbitration clause. For enterprise users, Delaware jurisdiction is standard and generally unproblematic. 3. JURISDICTION FLAGS: EU users may retain the right to litigate in their home jurisdiction courts under EU private international law regardless of this clause. UK users may have similar protections under UK retained EU law or domestic consumer protection statutes. Non-US users should obtain local legal advice on whether this clause is enforceable in their jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise contracts negotiated with Stability AI should confirm whether the governing law and forum selection clause is modified for non-US customers. Multinational organizations should assess the practical implications of a Delaware forum for dispute resolution. 5. COMPLIANCE CONSIDERATIONS: Legal teams advising non-US users should assess whether the Delaware choice of law clause is compatible with mandatory consumer protection provisions in the relevant local jurisdiction. EU and UK compliance teams should document this clause as requiring jurisdictional assessment before relying on the ToS as the complete statement of user rights.
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This clause requires users who pursue non-arbitration disputes to litigate in Delaware under Delaware law, which may be geographically and financially inaccessible for many users, particularly those outside the United States.
Users who have disputes with Stability AI that fall outside the arbitration provision must litigate in Delaware courts under Delaware law, regardless of where the user is located, which may create a practical barrier to pursuing legal claims.
ConductAtlas has identified this type of provision across 201 platforms. See the full comparison.
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