Opt Out of Discord's New Mandatory Arbitration by 05/15/2024

FreezePop

I thought the GrapheneOS community would be interested in this, because many discussions are happening on Discord.

Discord's new terms of service dated April 15, 2024 now have sections requiring mandatory arbitration, unless you email written confirmation to opt out by May 15, 2024 (within 30 days of the new terms of service).

‍Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@discord.com within 30 days of April 15, 2024 or when you first register your Discord account, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Discord also will not be bound by them.

clymene

quite disgusting. every company seems to be doing this now. thanks for the post

Tryptamine

...arbitrate what disputes?

DeletedUser29

I think the main part is this:

Settling disputes between you and Discord

Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires emailing disputes@discordapp.com written notice (‘Written Notice’), which must include: (1) your name; (2) the email address or phone number associated with your Discord account; (3) a detailed description of the issue, and (4) how you’d like to resolve it. If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Discord agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to disputes@discordapp.com, while the parties attempt informal resolution.
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (‘OCDS’) mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to disputes@discordapp.com, will not toll the applicable statutes of limitations or other deadlines.
Governing law and jurisdiction. The Federal Arbitration Act, federal arbitration law and California law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in these courts.
If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.

And for US resident also this:

Agreement to arbitrate
IF YOU’RE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
You and Discord agree that the US Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the ‘informal resolution’ process (above), you and Discord agree to resolve any dispute, disagreement or claim relating to these terms or our services through final and binding arbitration in the US county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section.

Which is followed by a bunch of other arbitration related stuff for the US.

So just the usual legalese mumbo jumbo no one has time to read if they actually want to live as well?

GlytchMeister

So do we just need to send an email saying "I want to opt out of this" or do we need to include specific legalese in the email?

Too late for existing accounts now, of course :/

DeletedUser29

GlytchMeister It's probably enough to clearly state that you want to opt out since you're sending it to their opt-out email. But it likely won't hurt to use the terms and phrasings of the opt-out paragraph.