Risk Score
0 = very fair · 100 = very risky
Summary
This is Uber's U.S. Terms of Service governing use of the Uber app and marketplace platform. The document contains several highly aggressive provisions, including a broad mandatory arbitration clause with class action and mass action waivers that effectively strip users of most traditional legal remedies. Uber reserves the right to terminate accounts at any time for any reason and to modify terms unilaterally with only posting-as-notice. The arbitration agreement is unusually expansive, covering personal injury and death claims, binding third parties like guests, and delegating enforceability questions to arbitrators rather than courts. Overall, the document is heavily weighted in Uber's favor.
Flagged Clauses
By using Uber, you give up the right to sue Uber in court or have a jury hear your case. Almost all disputes must go through private arbitration instead.
“IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.”
The arbitration clause applies retroactively — even disputes that arose before you agreed to these terms are subject to mandatory arbitration. This is unusually broad.
“You and Uber agree that any dispute, claim, lawsuit, or controversy in any way arising between you and Uber will be settled by binding individual arbitration... regardless of whether the dispute, claim, lawsuit, or controversy occurred or accrued before or after the date you agreed to these Terms.”
Even if you are seriously injured or killed while using Uber's services, your (or your estate's) claims must go through private arbitration rather than a public court. This is an exceptionally aggressive provision.
“Any dispute, claim, lawsuit, or controversy arising out of or relating to incidents or accidents resulting in personal injury or death... shall be resolved by binding individual arbitration.”
The arbitration clause extends to people who never personally agreed to these terms — including guests you book rides for, your spouse, and even your heirs in the event of your death.
“This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your guests, spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns.”
You cannot join with other Uber users to bring a class action lawsuit or arbitration. Each person must pursue claims entirely on their own, which makes small individual claims economically impractical to pursue.
“The parties expressly waive the right to have any dispute, claim, lawsuit, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action.”
Even coordinated individual arbitrations (so-called 'mass arbitrations') are restricted. If your lawyer represents too many Uber claimants at once, Uber can trigger special procedures that slow down or complicate your claim.
“The parties expressly waive the right to have any dispute, claim, lawsuit, or controversy brought, heard, administered, resolved, or arbitrated as a mass action... instances in which you or Uber are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days.”
Even questions about whether the arbitration agreement itself is valid or fair are decided by the arbitrator — not a court. This 'delegation clause' makes it very difficult to challenge the arbitration requirement.
“Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement.”
Uber can deactivate your account instantly, for any reason, with no advance notice and no explanation required. There is no appeal process described in this section.
“Uber, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.”
Uber can change the terms at any time simply by posting an update online. Continuing to use the app counts as acceptance, even if you never read the new terms. There is no obligation to directly notify you of changes.
“Uber reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or Uber's website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.”
For non-California users, there is no pre-specified arbitration provider. The parties must agree on one, and if they can't, a court picks one. This adds uncertainty and potential delay to the dispute process.
“The arbitration will be administered by ADR Services, Inc. ('ADR') [for California] ... For disputes arising outside of California, the parties shall be required to meet and confer to select a neutral arbitration provider.”
Section 8 (not fully reproduced in the provided text) appears to contain disclaimers, caps on damages Uber owes you, and a requirement that you defend and cover Uber's legal costs in certain situations. The full text was not available for detailed analysis.
“Section 8 is referenced as 'Disclaimers; Limitation of Liability; and Indemnity' — this section title signals broad liability limitations and a user indemnification obligation.”
Simply using the app — even without clicking 'I agree' — is treated as acceptance of all terms, including the arbitration clause and class action waiver.
“These Terms govern your access or use... By accessing or using the Services, you confirm your agreement to be bound by these Terms.”
Sexual assault and sexual harassment claims, and small claims court matters, are carved out from mandatory arbitration. These are court-required exceptions under recent U.S. law (Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act).
“Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court... (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services.”
Missing Protections
- No explicit process or timeline for appealing account termination decisions
- No direct notification requirement when terms are materially changed (only posting to website required)
- No description of what happens to account credits, stored payment methods, or ride history upon termination
- No explicit data deletion rights or opt-out mechanisms described in this document (referenced Privacy Notice is a separate document)
- No fee-shifting or cost protection for users who prevail in arbitration against a larger company
- No grace period or cure opportunity before account termination
- No clear dispute escalation path before arbitration for non-California users (meet-and-confer on provider is required but process is vague)
- No transparency about how arbitration provider is compensated or conflict-of-interest safeguards
Fair Terms
- Sexual assault and sexual harassment claims are explicitly exempted from mandatory arbitration, allowing victims to pursue court action (Section 2(b)(ii))
- Small claims court remains available for qualifying individual disputes (Section 2(b)(i))
- In Mass Action scenarios where the Mass Action Waiver is violated, users may opt out of arbitration entirely within 30 days (Section 2(a)(3)(b))
- Uber bears the cost of arbitration administration fees, arbitrator fees, and Special Master fees in mass action proceedings (Section 2(a)(3)(b) and (c))
- The arbitration agreement requires a pre-arbitration good-faith informal dispute resolution attempt, which may resolve issues without formal proceedings (Section 2(d) referenced)
- Injunctive relief for intellectual property violations can still be sought in court (Section 2(b)(iii))
Document information only — not legal advice.