Tech Arbitration Clause Repository

Discover a collection of arbitration clauses used in the tech industry. Each excerpt offers a peek into the key arbitration clause. If you wish to further delve into an arbitration clause of a company, simply click on the provided links. Whether you are an expert or simply intrigued by the complexities of arbitration clauses this repository offers an overview with seamless access to these clauses.

Google

Arbitration clause for Devices, related accessories, and related subscription services

“….If any dispute arises that relates to these Arbitration Terms or your device(s), related accessories or related subscription services for your Google device (if applicable) (“Google Device”) (regardless of the type of dispute, but subject to a few exceptions below), you and Google LLC (“Google”) agree to resolve it through binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. These Arbitration Terms are subject to and governed by the Federal Arbitration Act (“FAA”) and are intended to be broadly interpreted…”

For the complete arbitration terms, visit: https://support.google.com/store/answer/9427031?hl=en

Arbitration clause for advertising programs and services

“…Google, Customer, and Advertiser agree to arbitrate all disputes and claims between Google and Customer or between Google and Advertiser that arise out of or relate in any way to the Programs or these Terms. This agreement to arbitrate (“Dispute Resolution Agreement” or “Section 13”) is intended to be broadly interpreted and includes, for example:

claims brought under any legal theory;

claims that arose before Customer or Advertiser first accepted any version of these Terms containing an arbitration provision;

claims that may arise after the termination of Customer’s or Advertiser’s Use of the Programs;

claims brought by or against Google, Google affiliates that provide the Programs to Customer or Advertiser, Google parent companies, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities; and

claims brought by or against Customer or Advertiser, the respective affiliates and parent companies of Customer or Advertiser, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities.

This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that, as limited by Section 13(C) below, the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. Nor does this Dispute Resolution Agreement bar any party from bringing issues to the attention of federal, state, or local agencies.

Google, Customer, and Advertiser agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. With respect to all disputes or claims that arise out of or relate in any way to the Programs or these Terms, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties...”

For the complete arbitration terms, visit: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldi=31373

Meta

Arbitration clause for using Meta products for ads, selling products, developing apps, managing a page, managing a group for business purposes, or using measurement services regardless of the entity type.

“The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: Meta Platforms, Inc. 1601 Willow Rd. Menlo Park, CA 94025. The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Commercial Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party.

To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your Commercial Claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b))...”

For the complete arbitration terms, visit: https://www.facebook.com/legal/commercial_terms

Microsoft

Arbitration clause for any claim concerning the Microsoft services, the software related to the services, the services’ or software’s price, users’ Microsoft account, marketing, communications, your purchase transaction, billing, or the “Terms of Use,” except disputes relating to the enforcement or validity of intellectual property rights

“…we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties…”

For the complete arbitration terms, visit: https://www.microsoft.com/en-us/servicesagreement#15_bindingArbitration

Apple

Arbitration clause for Direct Payment Terms between the user and Apple Payment Inc.

“…any dispute, claim, or controversy (whether based in contract,tort, statute, fraud, misrepresentation, or any other legal theory)arising out of or relating to these Direct Payments Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Direct Payments Service (hereinafter “Claim” or “Claims”)shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Apple Payments, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section C below, you and Apple Payments hereby waive the right to assert any Claim in any court. As set out in Section D below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration…”

For the complete arbitration terms, visit:  https://www.apple.com/legal/applepayments/direct-payments/

Arbitration clause for Apple card customer agreement

“…THIS AGREEMENT REQUIRES CLAIMS TO BE ARBITRATED AND FORBIDS CLASS ACTIONS UNLESS YOU (1) ARE SUBJECT TO THE
PROTECTIONS OF THE MILITARY LENDING ACT OR (2) EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED IN THE
ARBITRATION PROVISION, WHICH IS SET FORTH AT THE END OF THIS AGREEMENT.
..”

For the complete arbitration terms, visit:  https://www.goldmansachs.com/terms-and-conditions/Apple-Card-Customer-Agreement.pdf

Amazon

Arbitration clause for Content Usage Agreement

“…​​Any dispute or claim relating in any way to your content will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights…”

For the complete arbitration terms, visit: https://www.amazon.com/gp/help/customer/display.html?nodeId=G32FY5ENBRR4CL42

CISCO

Arbitration clause for services purchased directly from CISCO

“…any claim arising under this Agreement shall be submitted to the Hong Kong International Arbitration Centre (“HKIAC”) for final and binding arbitration in Hong Kong upon the request of either party with a Notice to the other party. For any claim submitted to the HKIAC as set forth in this Section, the following terms shall apply. There shall be a sole arbitrator appointed in accordance with the rules of the HKIAC prevailing as of the Effective Date, except to the extent as modified in this Agreement. If the parties fail to agree on the choice of sole arbitrator within twenty (20) days from the date on which the respondent receives the notice of arbitration, the HKIAC shall make the appointment. The arbitrator will be bound by the provisions of this Agreement and shall be made aware of the terms hereof prior to his appointment. The arbitrator(s) shall have no power or authority to make or issue any award that provides for punitive or exemplary damages. The arbitration proceedings shall be conducted in English and in accordance with the HKIAC Procedures for the Administration of International Arbitration in force as of the Effective Date. However, if any rules are in conflict with the provisions of this Section, including the provisions concerning the appointment of a sole arbitrator, the provisions of this Section shall prevail. Upon rendering a decision, the arbitrator shall state in writing the basis for the decision. The arbitrator’s decision shall be final and binding upon the parties. Application may be made by a party to a court of competent jurisdiction for the recognition and enforcement of an arbitral award rendered by the sole arbitrator pursuant to this Section. The costs of arbitration and attorneys’ fees and disbursements shall be borne by the losing party, unless otherwise determined by the arbitration award. Except for the matters under dispute, the parties shall each continue to fulfill their respective obligations (and shall be entitled to exercise their rights) under this Agreement…”

For the complete arbitration terms, visit: https://www.cisco.com/c/dam/en_us/about/doing_business/legal/docs/SOW_Terms_and_Conditions.pdf

Samsung

Arbitration clause in the Terms of Use agreement for Samsung.com website, any associated mobile sites, services, applications, or platforms

“…There is a limited 30 day right to opt out of the arbitration provision. If a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers have timely opted out of the provision) or in small claims court where the customers reside. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone…”

For the complete arbitration terms, visit: https://www.samsung.com/us/common/legal/

Uber

Arbitration clause for the Uber agreement which governs the access and use of applications, websites, content, products, and services that enable users to arrange and schedule the delivery of packages to a designated address

“…any dispute, claim or controversy arising out of or relating to (a) the Connect Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Delivery Marketplace at any time, whether before or after the date you agreed to the Connect Terms, will be settled by binding arbitration between you and Uber, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Delivery Marketplace, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Uber agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you and Uber are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Uber otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Uber each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights….”

For the complete arbitration terms, visit: https://www.uber.com/legal/en/document/?name=uber-connect-terms-and-conditions&country=united-states&lang=en

Airbnb

Arbitration clause of Terms of Service agreement

“…Airbnb is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Airbnb each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration…”

For the complete arbitration terms, visit: https://www.airbnb.com/help/article/2908

Netflix

Arbitration clause of Terms and Conditions for Netflix.shop

“…Where permitted by law, you accept that any dispute arising from these terms of service may be resolved by binding arbitration, which replaces the right to go to the court. If your local laws do not allow for you to be bound by arbitration in this fashion, alternative dispute resolution mechanisms may be available to you…”

For the complete arbitration terms, visit: https://www.netflix.shop/pages/terms-conditions

AT&T

Arbitration clause for Service Agreement

“…arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted. This means that you and AT&T will neither file a lawsuit (in any court other than a small claims court), nor pursue or participate in an action seeking relief on behalf of others…”

For the complete arbitration terms, visit: https://www.att.com/legal/terms.consumerServiceAgreement.html

Shazam

User agreement

“…In the United States. You and Shazam agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York, NY or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Shazam will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Shazam will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or Shazam may assert claims, if they qualify, in small claims court in New York, NY or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Shazam agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, NY. Both you and Shazam consent to venue and personal jurisdiction there…”

For the complete arbitration terms, visit: https://www.shazam.com/terms

Spotify

Arbitration clause for the use of Spotify’s services for streaming music and other content, including all of the websites and software applications and any music, videos, podcasts, audiobooks, or other material that is made available through the Spotify Service 

Subject to the exceptions set forth in the “Exceptions to arbitration” section below, you and Spotify agree that any Dispute between you and Spotify (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and Spotify have complied with the pre-arbitration filing requirements (including the requirements described in the “Pre-arbitration notice of dispute and informal resolution period” section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys’ fees and costs where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

For the complete arbitration terms, visit: https://www.spotify.com/us/legal/end-user-agreement/

Twitter

Arbitration clause for Twitter’s Audience Insights and mobile app conversation tracker

Developer and X shall attempt to resolve 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, through informal discussions or by mediation. If Developer and X are unable to promptly resolve a dispute informally or by mediation, the party alleging a material breach may initiate arbitration by promptly providing the other party with written notice of its intent to arbitrate. Arbitration of all disputes shall take place in San Francisco, CA before one mutually agreed upon arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude X from seeking equitable or similar relief from any court of competent jurisdiction to prevent or restrain any breach or threatened breach of this Agreement by Developer.

For the complete arbitration terms, visit:  https://help.twitter.com/en/rules-and-policies/enhanced-features-agreement


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