Binding arbitration is the most sure fired sign of an organization that hates its users and is fully against the rule of law and the rights of consumers. What a deeply disappointing development.

I’d rather an organization kick puppies and kidnap babies than implement binding / opt OUT arbitration. I’m so irritated by this. It is the first major misstep by the organization and unfortunately makes you about as honorable as Microsoft.

Absolutely galled.

I hope there will be a hard fork that is properly maintained and doesn’t hate its users.

Here is a fork: https://gram.liten.app/

These are usually standard clauses in any legal contract

Yes, in the USA, largely due to the Federal Arbitration Act and generally weak consumer protections, it has become the norm to force users to give up their rights in this way, to move from publicly funded dispute resolution complete with accountability and transparency, to a private funded system which nearly always benefits corporations, prevents acting as a class, and prevents appeal. That isn't acceptable.

They are absolutely not common in Europe, and aren't even generally enforceable in consumer contracts. They're considered non-binding, as they're "unfair terms" in the Unfair Terms Directive 1993.

Funny to think about this though… since no money was exchanged, is it even binding given there was no consideration?

«ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15.2 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ZED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. ALTERNATIVELY, CUSTOMER MAY OPT OUT OF ARBITRATION PER SECTION 17.2(a).»

It's awful.

I wonder how many licenses throughout the years people have blindly clicked agree while the dispute resolution clause read:

    “Trial by Combat”

The good thing is you can still use their software without signing in and having to agree.

Well shit, alternatives?

Here is a fork: https://gram.liten.app/

Oh, cmon, code editors are plenty. I read this in my inbox and uninstalled Zed. It's not my main editor though.

Judging from the opt out section and other parts of the ToS it seems pretty clear to me that most of the terms only apply (including the arbitration clause) to if you're using their online services. I don't get what the big hooha is about

> Age requirement. You must be 18 or older to use the Service.

Terrible rule, even if effectively unenforceable.

The terms themselves don’t seem to restrict use of the editor, just “the Service”, which is defined as the subscription service (separate to “the Software”). Not sure why the email was phrased this way but it seems to be misaligned with the actual terms.

Huge self-own.

>>You must be 18 or older to use the Service.

I suspect this is because minors cannot normally be legally bound by contracts they sign.