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The agreement requires disputes that cannot be resolved informally within 60 days to proceed through individual JAMS arbitration rather than court litigation. Users may opt out of this requirement by emailing legal@writer.com within 30 days of account creation or within 30 days of any update to the arbitration terms.
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
This provision requires disputes to proceed through individual JAMS arbitration, which is a private adjudication process with different procedural rules and appeal rights compared to court proceedings. The 30-day opt-out window is time-sensitive and applies both at account creation and upon subsequent updates to the arbitration clause.
Interpretive note: Enforceability of the clause against EU consumers and in certain U.S. states depends on applicable local law and may vary by jurisdiction.
Added reference to exceptions clause and restructured language to separate arbitration mechanics from class action waiver, while adding 'final' and changing 'give up the ability' phrasing.
View full change record →Under this clause, users who do not opt out within 30 days of account creation must resolve disputes through individual JAMS arbitration rather than through court proceedings. The agreement also specifies that any statute of limitations is tolled during the 60-day informal resolution period preceding arbitration.
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"If we are unable to resolve potential disputes informally, to the extent legally permitted, the parties agree to proceed with mandatory arbitration, which the parties agree will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated, and under the rules set forth in these Terms. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by contacting us at legal@writer.com.Excerpt from Writer's Terms of Service
REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer-facing agreements are subject to scrutiny under the FTC Act regarding unfair or deceptive practices and may engage state consumer protection statutes in California, which has specific rules governing arbitration clauses in consumer contracts under the California Arbitration Act. EU consumer protection law, including the Unfair Contract Terms Directive, may render mandatory arbitration clauses unenforceable against EU consumers. The FTC is the primary federal enforcement authority for consumer-facing arbitration disclosure practices. GOVERNANCE EXPOSURE: Medium. The clause includes an explicit opt-out mechanism with a defined 30-day window, which partially mitigates enforceability concerns in some jurisdictions. However, the clause's application to updates, requiring a new 30-day opt-out period upon each arbitration-related amendment, creates ongoing compliance tracking obligations for users who have previously opted in. JURISDICTION FLAGS: EU and EEA users may have statutory rights that limit or override mandatory arbitration clauses under applicable consumer protection law. California users should be aware that state law may impose additional constraints on the enforceability of arbitration clauses, including notice and procedural requirements. The clause states it applies only to the extent legally permitted, which acknowledges jurisdictional variability without specifying which jurisdictions are affected. CONTRACT AND VENDOR IMPLICATIONS: Organizations deploying Writer under non-Enterprise terms should assess whether mandatory arbitration terms are compatible with their own vendor contract requirements. The clause asserts that Writer may assume exclusive defense and control of disputes, which may affect how organizational users coordinate legal responses. Procurement teams should confirm whether the Enterprise Platform Services Agreement contains different dispute resolution terms. COMPLIANCE CONSIDERATIONS: Legal teams should track the 30-day opt-out deadline for newly created accounts and establish a process for monitoring arbitration clause updates. Organizations in EU jurisdictions should assess whether the clause is enforceable against their users or employees under local law. Document the opt-out method and deadline in vendor risk assessments for any organizational account.
This provision requires disputes to proceed through individual JAMS arbitration, which is a private adjudication process with different procedural rules and appeal rights compared to court proceedings. The 30-day opt-out window is time-sensitive and applies both at account creation and upon subsequent updates to the arbitration clause.
Under this clause, users who do not opt out within 30 days of account creation must resolve disputes through individual JAMS arbitration rather than through court proceedings. The agreement also specifies that any statute of limitations is tolled during the 60-day informal resolution period preceding arbitration.
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