This provision designates California law as the governing law for the terms and establishes exclusive jurisdiction in the state and federal courts of San Francisco County, California, for any disputes not subject to arbitration.
This analysis describes what Writer'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 California governing law and San Francisco County exclusive jurisdiction clause establishes the legal framework and venue for non-arbitrated disputes. EU and non-US users should be aware that this choice of law may not be enforceable against them in certain circumstances under applicable local law.
Interpretive note: The enforceability of the California governing law and San Francisco County jurisdiction clause against EU and other non-US users may be constrained by applicable mandatory consumer protection law in those jurisdictions.
Added 'any action related thereto' and 'exclusive jurisdiction' language, changed 'conflict of law principles' to 'conflict of laws provisions', and cross-referenced the arbitration agreement.
View full change record →Under this provision, disputes not resolved through arbitration are subject to California law and must be litigated in San Francisco County courts. Users located outside California or outside the United States should assess whether this forum selection is enforceable in their jurisdiction.
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 and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction for any action or proceeding arising out of or related to these Terms (other than as set forth in the arbitration agreement) will be the state and federal courts located in San Francisco County, California.— Excerpt from Writer's Writer Terms of Service
(1) REGULATORY LANDSCAPE: Forum selection and choice of law clauses in commercial agreements are assessed under applicable conflict of laws principles. In the EU, Regulation (EC) No 593/2008 (Rome I) and Regulation (EC) No 44/2001 (Brussels I) may limit the enforceability of choice of law and jurisdiction clauses against EU consumers. California courts may apply California consumer protection law regardless of contractual choice of law in some circumstances. (2) GOVERNANCE EXPOSURE: Low to Medium. The California governing law clause is standard for US-headquartered technology companies and creates manageable exposure for most enterprise customers. Non-US users, particularly EU residents, face greater uncertainty about enforceability. (3) JURISDICTION FLAGS: EU users may retain the right to litigate in their home jurisdiction under EU consumer protection law, which may limit the enforceability of the San Francisco County exclusive jurisdiction clause. UK users are subject to analogous protections under retained EU law and UK consumer contract regulations. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers in non-US jurisdictions should seek legal advice on whether the California governing law and forum selection clause is enforceable in their jurisdiction and whether local law imposes mandatory protections that supersede these terms. (5) COMPLIANCE CONSIDERATIONS: Global enterprise deployments should assess the governing law clause in the context of local regulatory requirements and ensure that any supplemental data processing agreements specify applicable law for data protection disputes separately from the general terms of use governing law.
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The California governing law and San Francisco County exclusive jurisdiction clause establishes the legal framework and venue for non-arbitrated disputes. EU and non-US users should be aware that this choice of law may not be enforceable against them in certain circumstances under applicable local law.
Under this provision, disputes not resolved through arbitration are subject to California law and must be litigated in San Francisco County courts. Users located outside California or outside the United States should assess whether this forum selection is enforceable in their jurisdiction.
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