Any legal dispute with Waze will be governed by California law and must be brought in courts in San Francisco, California.
This analysis describes what Waze'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 provision designates the substantive law applicable to the agreement and establishes exclusive territorial jurisdiction, which determines where legal proceedings must be filed and which state's statutes apply to interpretation and enforcement of the contract.
Interpretive note: Enforceability of the forum selection and choice of law clause against EU and non-US consumers depends on applicable mandatory consumer protection law in the user's home jurisdiction.
If a user has a legal dispute with Waze, they may need to bring it in California courts under California law, which could be impractical for users in other states or countries.
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 the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco, California.— Excerpt from Waze's Waze Terms of Use
1) REGULATORY LANDSCAPE: Forum selection and choice of law clauses are standard in US software agreements. However, in EU jurisdictions, consumer protection laws generally prohibit clauses that deprive consumers of the protections of their home jurisdiction's mandatory law or require consumers to litigate disputes in foreign courts. EU Regulation 593/2008 (Rome I) and Regulation 1215/2012 (Brussels Recast) limit the enforceability of such clauses against EU consumers. 2) GOVERNANCE EXPOSURE: Medium for EU and non-US users. The clause is largely operative for US users. For EU consumers, the governing law and jurisdiction clause may be unenforceable to the extent it displaces mandatory consumer protection rights under the law of the consumer's habitual residence. 3) JURISDICTION FLAGS: EU and EEA users are most affected, as Rome I and Brussels Recast regulations protect consumers from being stripped of home jurisdiction protections. UK users retain similar protections under retained EU law. Non-US users generally face practical barriers to California litigation regardless of enforceability. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprises operating in multiple jurisdictions should not assume California law and forum selection clauses will be enforced uniformly. Dispute resolution planning for EU-based operations should account for local mandatory consumer law. 5) COMPLIANCE CONSIDERATIONS: EU-facing legal teams should assess whether the governing law clause adequately preserves consumers' rights under applicable mandatory law, and whether local dispute resolution mechanisms satisfy regulatory expectations.
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The provision designates the substantive law applicable to the agreement and establishes exclusive territorial jurisdiction, which determines where legal proceedings must be filed and which state's statutes apply to interpretation and enforcement of the contract.
If a user has a legal dispute with Waze, they may need to bring it in California courts under California law, which could be impractical for users in other states or countries.
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
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