y'all discord users ought to send an email to them saying you opt out of their arbitration clause in case they ever need sued

if you don't trust me read the eula yourself and decide if not having your right to sue them taken away is worth an email

(or, you know, maybe avoid the service entirely if you're able and willing)

@ky0ko I wanna see more of this. It's unionising, but for shitty EULAs

@ky0ko can't I just make up a counter-eula on my website where collecting and selling my data makes me immune to their EULA?

@ky0ko Are these kind of terms even legal? I don't think this works in the EU.

@nutomic yep, the us supreme court ruled that terms like this are binding, in 2011

@ky0ko no idea about US, I was talking only about EU.

@nutomic @ky0ko Absolutly not in the EU. Multiple laws against that, most prominantly there's a clause in the new GDPR against crazy stuff like this.

@ky0ko ELI5: What will be the impact to me if I didn't opt out of their arbitration?

And what does this paragraph "This Arbitration section shall survive any termination of your account or the Service" mean? If I don't opt out but deleted my Discord account, will I still be binded in the arbitration provisions?

@reymarkus this means, in short, you are no longer allowed to sue them, but can only resolve disputes via arbitration.

this means you, a discord representative, and some third party arbitrator in a room, talking it out. if you don't like what happens, there's no appeals.

this is a situation that has been shown to favor the big company in basically all cases, even if it is usually easier and faster.

the survival clause in the eula means even if you delete your account, you are still bound by all of it.

@reymarkus disclaimer, i'm not a lawyer, but, i mean, that's what the eula says

@ky0ko Thanks for the summary. Sent them an email to their arbitration opt-out address, and will likely delete my Discord account some time.

@ky0ko Shit you aren't even able to erase your own messages on discord... No way to see and manage your data etc. What are they gonna do with all my extra sultry messages?!

@ky0ko The contract may be unenforceable anyway.

Silence cannot constitute acceptance of a contractual provision (Felthouse v Bindley) and a lack of consensus ad idem, if users have not comprehended that they agreed to arbitration, means there is no contract formation in any case, Smith v Hughes notwithstanding.

Discord's lawyers should be fired.

@ky0ko What is this "arbitration clause" and why should I opt-out ? (not a native english speaker)

@nanocryk @ky0ko basically if you don't choose to opt-out you won't be able to sue an appeal in case something happens and you will have to pay for a third person to talk to them and solve the problem by legally ways... That's what I understood (I'm not a native English speaker too)

That's what I would call "disgusting". I already have a bad view of Discord's [intruisive ?] data collection. Now it's getting kinda worse --'

@ky0ko @Gargron It‘s more than 30 days after the TOS taking effect. So if you didn’t just create your account, you’d have to create a new one for this opt-out to work.



the tos doesn't take place for another week, as started in the tos itself.

also, it has a clause starting it still applies and if you delete your account and create a new one, so that doesn't work.

@ky0ko The email I used for my opt-out, in case anyone wants to copy+paste and edit for their own purposes:


Subject: Opt out of provisions in Terms of Service requiring arbitration

I am sending this email as the owner of the account associated with the email address [email] - which, within Gmail, registers as an identical address to the [email] address from which I am sending this message, as described in - to officially opt out of the provisions in the official Discord Terms of Service requiring arbitration in the case of disputes with the platform.

- [wallet name]

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