US and Canadian users must resolve disputes with Stability through binding individual arbitration administered by NAM, and waive the right to participate in class actions or jury trials, subject to a 30-day opt-out window from account creation.
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 provision requires that disputes between US and Canadian users and Stability proceed through individual arbitration rather than court, and forecloses class action participation and jury trials. The 30-day opt-out window from account creation or from the effective date of any arbitration term update is operationally significant for onboarding and compliance workflows.
Interpretive note: Enforceability of mandatory arbitration and class action waivers against consumers varies by jurisdiction, particularly in Canada and certain US states, and applicable law may limit or override the clause as asserted.
Under this clause, US and Canadian users who do not opt out within 30 days of account creation or within 30 days of an arbitration term update are bound to resolve all claims through individual arbitration administered by NAM. The agreement also requires both parties to irrevocably waive the right to a jury trial in any action or proceeding.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
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...
"YOU AND STABILITY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. You and Stability agree to resolve any claims relating to these Terms or our Services through final and binding arbitration. The activities in these Terms relate to interstate commerce and the Federal Arbitration Act will govern this Arbitration Agreement. We both agree that disputes must be brought on an individual basis only, and not as a class action, class arbitration, or representative action. We both irrevocably waive any right to trial by jury in any action or proceeding.Excerpt from Stability AI's Terms of Service
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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.
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This provision requires that disputes between US and Canadian users and Stability proceed through individual arbitration rather than court, and forecloses class action participation and jury trials. The 30-day opt-out window from account creation or from the effective date of any arbitration term update is operationally significant for onboarding and compliance workflows.
Under this clause, US and Canadian users who do not opt out within 30 days of account creation or within 30 days of an arbitration term update are bound to resolve all claims through individual arbitration administered by NAM. The agreement also requires both parties to irrevocably waive the right to a jury trial in any action or proceeding.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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