If you have a legal dispute with W&B, you must resolve it through private arbitration — not a court — and you cannot join other users in a class action lawsuit.
Consumer impact (what this means for users)
If W&B harms you or many other users in the same way, you cannot participate in a class action and must individually arbitrate your claim, which is expensive and time-consuming for smaller disputes.
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
Within 30 days of first accepting the MSA, send a written notice to W&B (legal or support contact) stating your name, account information, and that you are opting out of the arbitration provision. Keep a copy of the sent email for your records.
Cross-platform context
See how other platforms handle Mandatory Arbitration and Class Action Waiver and similar clauses.
This clause eliminates your right to sue W&B in court or band together with other affected users, dramatically reducing your practical legal leverage in any dispute.
View original clause language
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. YOU AND W&B AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(1) REGULATORY FRAMEWORK: Mandatory arbitration clauses in B2B SaaS agreements are governed by the Federal Arbitration Act (FAA), 9 U.S.C. §1 et seq. Class action waivers are evaluated under Epic Systems Corp. v. Lewis (2018). California courts have occasionally scrutinized JAMS arbitration clauses under Cal. Civil Code §1670.5 (unconscionability). The FTC has ongoing rulemaking interest in arbitration clauses under FTC Act Section 5. (2)
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Regulatory citations, enforcement risk, and due diligence action items.
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Applicable agencies
FTC
The FTC has authority under FTC Act Section 5 to investigate arbitration clauses that functionally eliminate consumer or business recourse and constitute unfair or deceptive acts or practices.
California Attorney General has authority to enforce consumer protection laws including Cal. Civil Code §1670.5 regarding unconscionable contract terms such as class action waivers.