Blog post from 2018: https://discord.com/safety/terms-of-service-feedback-and-cha... Archived version of ToS from may 2020: https://discord.com/terms/terms-of-service-may-2020
Blog post from 2018: https://discord.com/safety/terms-of-service-feedback-and-cha... Archived version of ToS from may 2020: https://discord.com/terms/terms-of-service-may-2020
On the plus side, if you didn’t opt out before, you get a new opportunity to opt out, which according to the new terms will remove all disputes that have not yet been filed from the scope of previous arbitration agreements with Discord.
Since the clause only applies if you are a US resident, it’s very unclear how that opt-out deadline applies to existing Discord accounts for people who relocate into the US after the deadline. The conservative approach is to opt out wherever in the world you live, in case you later move to the US.
Disclosure: I work on it.
Such agreements should not be enforceable in the first place.
At least no constitutional amendment is required to fix this. These US Supreme Court rulings have been based on the Federal Arbitration Act, a regular statue, not on the Constitution (except as the source of Congress’s authority to override state law on this issue).