As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-procedural
Except as explicitly set forth in this Agreement to Arbitrate, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these terms, including any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration ... Either Party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a Party’s claims are time-barred or may be brought in small claims court. ... Either Party may elect to have Disputes regarding whether a complaining Party has satisfied the Informal Dispute Resolution procedures set forth above resolved by a court as a precursor to arbitration
Company’s fee promise
Reviewed category: pays-only-if-company-initiates
If Discord is the Party initiating an arbitration against you, Discord will pay all costs associated with the arbitration, including the entire filing fee.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
Offer of Judgment. At least 14 days before the date set for an arbitration hearing, any Party may serve an offer in writing upon the other Party to allow judgment on specified terms. If the offer made by the offering Party is not accepted by the other Party, and the other Party fails to obtain a more favorable award, the other Party will not recover its post-offer costs and will pay the offering Party’s costs from the time of the offer.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
This Informal Dispute Resolution process, including your personal participation in the meet and confer is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding.
Mass-arbitration terms
Reviewed category: batching
For arbitrations before NAM (or any substitute provider for NAM that is agreed upon by the Parties or appointed by a court, due to NAM’s unavailability for any reason), to increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Discord within reasonably close temporal proximity ("Mass Filing"), the Parties agree (i) to administer the Mass Filing in batches of 100 demands per batch
Small-claims carve-out
Reviewed category: available-standard-carve-out
You or Discord may still pursue claims, if they qualify, exclusively in a small claims court in the United States on an individual basis for Disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing Party initially chose, and you and Discord both consent to venue and personal jurisdiction in that court. The small claims court, and not any arbitrator or arbitration provider, shall have the exclusive authority to resolve Disputes regarding whether a Dispute is properly within the jurisdiction of a small claims court.
Opt-out
Reviewed category: general-but-class-waiver-survives
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW: ... Class Action Waiver. You agree that any Dispute between you and Discord that for any reason is not subject to the “Agreement to Arbitrate” section below may only be pursued by you on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, collective, or representative action. ... You can decline this Agreement to Arbitrate –and no other provision of these terms–by emailing an opt-out notice to [email protected] within 30 days of September 29, 2025 or when you first register your Discord account, whichever is later ... If you opt out of the Agreement to Arbitrate, you will not be opting out of any other provision of these terms
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
Discord will provide 30 days’ notice of the date of any material changes to this Agreement to Arbitrate. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the site after the 30th day, you agree that any unfiled claims of which Discord does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If you reject any such changes by opting out of the Agreement to Arbitrate, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but there shall be deemed to be no arbitration agreement between you and Discord and any prior existing agreement to arbitrate Disputes under a prior version of the Agreement to Arbitrate will not apply to claims not yet filed. If Discord changes this Agreement to Arbitrate after the date you first accepted this agreement (or accepted any subsequent changes to this agreement), you agree that your continued use of the Discord product(s) or services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Agreement to Arbitrate by emailing an opt-out notice to [email protected] before the 30 day period expires.
Scope
Reviewed category: broad-plus-survives-termination
“Disputes” means all disagreements between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, these terms, or your use of the services ... This Agreement to Arbitrate is intended to be interpreted broadly, and it applies to all Disputes between the Parties, including: (1) claims that arose, were asserted, or involve facts occurring before the existence of this Agreement to Arbitrate or any prior agreement; (2) claims that may arise after the termination of this Agreement to Arbitrate. ... Survival. Any part of these terms that by their nature should survive after termination of these terms will survive. As permitted under applicable law, this includes but may not be limited to the following: ... Any dispute resolution provisions, including the arbitration agreement
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Shortened limitations period
Reviewed category: shortened-to-1-year
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW: ... Time for Initiating a Claim. No action, regardless of form, arising out of or relating to a Dispute may be brought by either Party more than one (1) year after the cause of action has accrued.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
If the paragraph titled “Class Arbitration and Collective Relief Waiver,” the paragraph titled “Mass Filings,” or ADR Service’s Mass Arbitration rules are found unenforceable, then the “Agreement to Arbitrate” section will be null and void.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
This notice must be provided on an individual basis and you, along with your counsel if you have one, must be available personally for a telephone or videoconference to resolve your claims, unless Discord states in writing that you are not personally required to attend.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “100 or more” similar arbitration demands — recorded as 100
Window, as reviewed: within reasonably close temporal proximity (no fixed number of days given)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Discord within reasonably close temporal proximity (“Mass Filing”)