The Privacy Probe

How to Opt Out of Niantic's New Arbitration Agreement

Effective on the 17th of July 2024, Niantic have published an updated version of their Terms of Service.

The new version extends on many existing provisions, with one focus in particular - binding arbitration.

Niantic's new terms of service introduce a more comprehensive arbitration agreement, which includes provisions for binding arbitration and waivers of class action and jury trials.

While arbitration can offer a faster and more private way to resolve disputes, it also limits your ability to take legal action in court.

For those who prefer to retain the option of pursuing disputes through traditional legal channels, Niantic provides an opt-out process.

To opt out of the arbitration agreement, you must send a written notice to Niantic via termsofservice@nianticlabs.com within 30 days of agreeing to the new terms.

We've written this notice for you. All you have to do is fill in your details and hit send:

Subject: Opt-Out of Arbitration Agreement

Dear Niantic Team,

I am writing to formally notify you that I am opting out of the arbitration agreement as outlined in the latest version of Niantic’s Terms of Service, effective July 17, 2024.

- Full Name: [Your Full Name]

- Address: [Your Full Address]

- Email Address Associated with Niantic Account: [Your Email Address]

- Niantic Account Username (if applicable): [Your Username]

Please acknowledge receipt of this notice and confirm that my opt-out request has been processed.

Thank you for your attention to this matter.

Sincerely,

[Your Full Name]

Once Niantic receives your opt-out notice, they should acknowledge receipt and confirm that your opt-out request has been processed. Keep this confirmation for your records.

We also created a color-coded summary of Niantic's new Terms of Service, to help you understand it without digging through the legalese:

  • badYour account can be terminated at any time without notice if you breach the terms.
  • badYou waive your right to participate in a class action lawsuit or class-wide arbitration.
  • badNo refunds for virtual goods or virtual money once purchased.
  • badNiantic can employ mechanisms to detect and respond to cheating, including checking your device for unauthorized software.
  • badNiantic is not liable for any damages or losses resulting from the use of the services.
  • badNiantic can change or remove virtual money or virtual goods at any time without liability.
  • badNiantic can use your data for event features and may share it with third parties.
  • badNiantic can refuse admission or remove you from events without refund for non-compliance with terms or misconduct.
  • badNiantic can use your likeness and data for promotional purposes without compensation.
  • badNiantic is not responsible for third-party websites or resources linked through the services.
  • badYou assume all risks associated with attending or participating in events.
  • badNiantic can change event features or cancel events without compensation.
  • badNiantic can employ security measures and searches at events, and refusal may result in denied entry.
  • badNiantic can terminate inactive accounts after a period of inactivity.
  • badNiantic can use your data for emergency notifications and public event leaderboards.
  • badNiantic is not liable for any damages resulting from third-party services affecting your use of the services.
  • badNiantic can refuse admission or remove minors from events without a parent or guardian.
  • badNiantic can use your feedback and analytic data collected during beta programs without compensation.
  • badNiantic can change or remove any virtual money or virtual goods without liability.
  • badNiantic can use your data for demonstration, promotion, and advertising of services.
  • badNiantic can terminate your account for suspected fraud, cheating, or misuse of content or services.
  • neutralNiantic can modify the terms at any time, and continued use implies acceptance of changes.
  • neutralYou must use the services at your own risk and be aware of your surroundings.
  • neutralCertain country-specific terms apply, which may affect your rights and obligations.
  • neutralYou must create an account to use certain services and are responsible for all activities under your account.
  • neutralYou must comply with all applicable laws and event policies while using the services.
  • neutralNiantic provides a limited, nonexclusive license to use the apps and services.
  • neutralYou must use the services in a safe and appropriate manner, avoiding any unlawful or inappropriate content.
  • neutralYou must provide accurate information when registering for events or purchasing tickets.
  • neutralYou must not use the services for commercial purposes without permission.
  • neutralNiantic can monitor and remove content that violates the terms or is objectionable.
  • neutralYou must use supported devices and internet connections to access the services.
  • neutralYou must not share your account password and must notify Niantic of any unauthorized use.
  • neutralYou must not engage in any activity that may result in injury, death, property damage, or liability.
  • neutralYou must comply with all health and safety policies at events.
  • neutralYou must not use unauthorized software or techniques to alter or falsify your device's location.
  • neutralYou must not collect or share personally identifiable information of other users without permission.
  • neutralYou must not reverse engineer, decompile, or disassemble the apps or services.
  • neutralYou must not use the services to violate any applicable law or regulation.
  • neutralYou must not use the services to harass, threaten, or violate the legal rights of others.
  • neutralYou must not use the services to gain unauthorized access to any property or location.
  • goodYou can opt out of the arbitration agreement within 30 days.
  • goodParents can monitor their child's online activity and use of the service through the Niantic Kids Parent Portal.
  • goodYou can terminate your account at any time through the app help centers.
  • goodNiantic respects intellectual property rights and complies with the DMCA process.
  • goodYou can submit feedback and suggestions to Niantic, which they may use to improve services.

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Finally understand what you're actually agreeing to online.