Legal Work Starts Here.

Research, draft, create, collaborate.

Book a Demo or start your 7-day free trial

No credit cardTransparent pricing7-day free trial

Eric FriedmanFormer Chairman & Executive Partner, SkaddenSabih SiddiqiCo-Founder & CEO, Irys

Trusted by 300+ legal teams worldwide

One platform for your work and your team.

Book a Demo Start your 7-day free trial

Inside Irys workbench: How legal work gets done.Christian · Head of Product

Northwind Technologies, Inc.: Consumer Terms & Arbitration

My workspace · 1 member

Status

Active

Due date

Jul 2, 2026

Assignees

Publish the revised Terms before the Jul 2 release. Confirm class-waiver carve-outs.

6 Documents3 Conversations2 Notes1 Multi-Doc2 Drafts4 Insights

Documents6Upload

Customer Terms of Service, v3.docx

DOCX · 86 KB

2h ago

Existing Arbitration Clause (2023).pdf

PDF · 2 pages

2h ago

AAA Consumer Arbitration Rules.pdf

PDF · 41 pages

1d ago

Counsel Memo: Class-Waiver Enforceability.pdf

PDF · 7 pages

1d ago

View all 6 documents

Conversations3New Chat

Is our class-action waiver enforceable?

9 authorities · cite-checked

2h ago

Summarize arbitration risk across all docs

Multi-doc · 6 sources

Yesterday

Draft a delegation clause

Sent to Drafts

2d ago

View all chats

Notes & Checklists2Add Note

Pre-publication review

Checklist · 3 of 5 complete

Today

Client wants opt-out removed

Confirm enforceability impact w/ Daniel

1d ago

Tasks1 / 4New Task

Finalize class-action waiver languageJun 27

Add FAA governing-law reference

Verify FAA preemption authority (Concepcion)

Review clickwrap assent flow

Ask Irys about this matter…Send

Workbench/Northwind · Consumer terms & arbitration

DOCXCustomer Terms of Service, v3.docxPDFExisting Arbitration Clause (2023).pdfPDFAAA Consumer Arbitration Rules.pdfPDFCounsel Memo: Class-Waiver Enforceability.pdf

A client wants to put a mandatory arbitration clause with a class-action waiver in its customer terms. Is that enforceable under controlling authority, where are the limits, and how should we draft it to survive a challenge?Jul 16, 9:04 AM

Executive summary

Yes, under controlling Supreme Court precedent a mandatory, pre-dispute arbitration clause with a class-action waiver is broadly enforceable in both consumer and employment terms. The Federal Arbitration Act creates a strong federal policy favoring arbitration that preempts most state-law attempts to strike these waivers. Enforceability is not absolute: it can still fall to a general contract defense like unconscionability, and a few statutes carve specific claims out. Meticulous drafting is what makes the clause hold.

Controlling authority

The FAA makes a written agreement to arbitrate “valid, irrevocable, and enforceable” 9 U.S.C. § 2. The Court reads that to preempt state rules that obstruct arbitration, striking down California’s rule that class-waivers were unconscionable Concepcion · 563 U.S. 333, and rejected the argument that a waiver fails merely because individual claims are uneconomical to bring Italian Colors · 570 U.S. 228. The same logic reaches employment: the NLRA does not override the FAA Epic Systems · 584 U.S. 497. A waiver must be enforced as written unless a generally applicable defense invalidates the arbitration clause itself.

Limits & live challenges

Unconscionability. The FAA’s savings clause preserves it: a clause can still fall if it is both procedurally one-sided (buried, take-it-or-leave-it) and substantively harsh (prohibitive cost, a biased forum) 9 U.S.C. § 2.
Statutory carve-outs. EFASASHA lets a claimant void a pre-dispute waiver for sexual-assault or harassment claims EFASASHA · Pub. L. 117-90; a 2024 CFPB rule bars some consumer-finance providers from using waivers to block class actions CFPB 2024 Rule.
Effective vindication. Narrowed but alive: a clause that works a prospective waiver of a statutory right is void Italian Colors · 570 U.S. 236.

How to draft it to survive

Clear, conspicuous heading, “Binding Arbitration and Class Action Waiver,” set in bold or caps.
State the waiver expressly and recite that the FAA governs, to anchor preemption.
Keep procedure fair: a neutral administrator (AAA / JAMS), company-borne fees, a convenient forum.
Use clickwrap assent, not browsewrap: an affirmative “I agree” beside the term.
Add a delegation clause, a severability clause, and carve out the statutory exclusions.

Sample language for the core waiver:

“The parties agree that any dispute-resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any right to file a class action or to seek relief on a class basis.”

Deep Research · 58 authorities reviewed, citations checked against primary sources

Can a company enforce a class-action waiver in a mandatory arbitration clause in its consumer terms of service?Jurisdiction

Citable Cases from DatabaseShow results from

Court-specific, citable decisions drawn from our comprehensive legal database. Citations are checked against the primary source.

AT&T Mobility LLC v. Concepcion

Supreme Court of the United States · 563 U.S. 333

Published

Docket

No. 09-893

Date Filed

Apr 26, 2011

Author

Scalia, J. (5–4)

Excerpt

The Federal Arbitration Act provides that an arbitration agreement “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. California’s rule classifying most class-waivers as unconscionable “stands as an obstacle” to the FAA and is therefore pre-empted.

American Express Co. v. Italian Colors Restaurant

Supreme Court of the United States · 570 U.S. 228

Published

Docket

No. 12-133

Date Filed

Jun 20, 2013

Author

Scalia, J.

Excerpt

A contractual waiver of class arbitration is enforceable under the FAA even where the plaintiff’s cost of individually arbitrating a federal claim exceeds the potential recovery. The “effective vindication” exception does not reach the mere economics of pursuing a claim.

Epic Systems Corp. v. Lewis

Supreme Court of the United States · 584 U.S. 497

Published

Docket

No. 16-285

Date Filed

May 21, 2018

Author

Gorsuch, J.

Excerpt

Arbitration agreements requiring individualized proceedings must be enforced as written. The National Labor Relations Act does not displace the Federal Arbitration Act, and its “concerted activities” clause does not confer a right to class or collective procedures.

Cambria11Tracked changes · 6

Customer Terms of Service

Northwind Technologies, Inc. · Draft v3

12. Dispute Resolution: Binding Arbitration & Class Action Waiver

12.1Any dispute, claim or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

12.2Disputes will be heard on an individual basis. The parties agree that any dispute-resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Each party expressly waives any right to file a class action or to seek relief on a class basis.

12.3The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability or formation of this arbitration agreement, including any claim that it is void or voidable.

12.4Nothing in this Section limits a party’s right to bring an individual action in small claims court, or to file a claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

Irys · Strengthen Terms

Added the FAA governing-law reference and a delegation clause to anchor federal preemption and route enforceability questions to the arbitrator. Concepcion · 563 U.S. 333

Northwind ToS, v1 (Original).docxvsNorthwind ToS, v2 (Revised).docx

Customer Terms of Service

Northwind Technologies, Inc. · Last updated January 12, 2024 June 18, 2026

1. Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the websites, applications and services (the “Services”) provided by Northwind Technologies, Inc.. By accessing or using the Services, you agree to be bound by these Terms.

2. Accounts and Eligibility

You must be at least 18 years old to use the Services. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

4. Fees and Payment

Certain Services are billed on a subscription basis. Fees are non-refundable except as required by law. We may change our fees upon thirty (30) forty-five (45) days’ notice.

12. Dispute Resolution: Binding Arbitration & Class Action Waiver

Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. 12.1 Any dispute, claim or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Disputes will be heard on an individual basis. 12.2 The parties agree that any dispute-resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Each party expressly waives any right to file a class action or to seek relief on a class basis.

12.3 The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.

12.4 If the class-action waiver in Section 12.2 is found unenforceable, that waiver shall be severed and any class claim shall proceed in a court of competent jurisdiction, while all individual claims proceed in arbitration.

Nothing in this Section limits a party’s right to bring an individual action in small claims court. 12.5 Nothing in this Section limits a party’s right to bring an individual action in small claims court, or to file a claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

v1 · Original

Customer Terms of Service

Northwind Technologies, Inc. · January 12, 2024

1. Acceptance of Terms

4. Fees and Payment

Certain Services are billed on a subscription basis. Fees are non-refundable except as required by law. We may change our fees upon thirty (30) days’ notice.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

Disputes will be heard on an individual basis.

Nothing in this Section limits a party’s right to bring an individual action in small claims court.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

v2 · Revised

Customer Terms of Service

Northwind Technologies, Inc. · June 18, 2026

1. Acceptance of Terms

4. Fees and Payment

Certain Services are billed on a subscription basis. Fees are non-refundable except as required by law. We may change our fees upon forty-five (45) days’ notice.

12. Dispute Resolution: Binding Arbitration & Class Action Waiver

12.1 Any dispute, claim or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

12.2 The parties agree that any dispute-resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Each party expressly waives any right to file a class action or to seek relief on a class basis.

12.3 The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.

12.5 Nothing in this Section limits a party’s right to bring an individual action in small claims court, or to file a claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Manage Your Files

Upload, organize and keep track of every file you need.

Library › Recent7 files

NameKindSizeModifiedStatus

Northwind ToS, v2 (Revised).docxDOCX2.6 KB43 min agoProcessed

Northwind ToS, v1 (Original).docxDOCX2.1 KB44 min agoProcessed

Existing Arbitration Clause (2023).pdfPDF168 KB2 hours agoProcessed

AAA Consumer Arbitration Rules.pdfPDF1.2 MB1 day agoProcessed

Counsel Memo: Class-Waiver Enforceability.pdfPDF96 KB1 day agoProcessed

Redline: ToS v1 → v2.docxDOCX2.7 KB40 min agoProcessed

EFASASHA, Pub. L. 117-90.pdfPDF240 KB2 days agoProcessed

Irys for Microsoft WordMatter context, research, redlines and cite-checked authority beside your draft.Download Add-in

Northwind ToS, v2.docxCambriaTracked changes · 1

Customer Terms of Service

Northwind Technologies, Inc. · v2

12. Dispute Resolution: Binding Arbitration & Class Action Waiver

12.2Nothing in this Section limits a party’s right to bring an individual action in small claims court.

Meet Irys Workbench.

Let our agents do the heavy lifting. Make a request, it finds what you need, works across your systems, and brings the finished work back.

Remember

Everything your firm knows, working together.

Every document, email, and draft you add becomes context Irys reuses on the next request.

Start Free

Reason

It plans the work before it starts.

Irys Agent plans the work then intelligently selects the tools, models, and skills the job needs.

Book a Demo

Act

It works where your work already lives.

Connects to the apps you already use: Gmail, Outlook, Slack, Drive, and more. It searches, reads, and drafts right where the work already happens.

More coming.

Start Free

Deliver

Work product, formatted and done.

Word documents, spreadsheets, redlines, and research finished and ready. It also works beside your draft inside Microsoft Word.

Get the Word Add-In

Collaborate

Workspaces for your team.

Permission controlled workspaces so everyone works on the same matters at the same time.

Book a Demo

10 hrs+

recovered per attorney, per week

subscriptions replaced

300+

legal teams rely on Irys

Unlimited AIEvery workflowNo usage billing

Use Irys. Don't count tokens.

Irys includes the full platform with unlimited professional use. One predictable price.

Book a Demo

Start your 7-day free trial

No credit cardTransparent pricing7-day free trial

No hidden pricing, just the best tech and service.

The three tools every firm compares, on the dimensions that decide a deal.

What decides a deal	Irys	Claude	Harvey
Published monthly price	$299 flat	$20 to $200/mo, published plans*	Not publicly listed
What that price includes	Unlimited professional use on Irys One. No per-token or per-query overage	A defined usage capacity. Heavy matters draw it down*	Usage terms not publicly disclosed; temporary throttling may apply
Citation checking	Built-in checks via connected legal databases	No built-in legal citator	Via research integrations
Persistent matter memory	Persists across sessions	Projects, not matters	Vault workspaces
Word add-in (tracked changes)	✓	—	Word add-in available
Hands-on human support	Email + live office hours	Help center	Not publicly detailed
7-day free trial	No credit card	—	Sales-led evaluation

The question is not what the plan costs. It is what the plan includes when the work gets heavy.

* Claude public plans are $20 (Pro) and $100 or $200 (Max) per month. Each plan carries defined usage capacities published by Anthropic; sustained document-heavy legal work can reach those capacities, and what happens then (waiting for the limit to reset, or paying for additional usage where offered) is governed by Anthropic's plan terms. The plan price does not include a legal citator, matter system, or legal workflow tooling. Confirm current terms with Anthropic. Harvey standard pricing and usage terms are not publicly listed; Harvey discloses that excessive use may result in temporary throttling. "Not publicly listed" means no standard public price was found on the vendor's official materials as of the review date; actual pricing and contract terms may vary. Unlimited professional use is a term of the advertised Irys One plan. Irys Lite is usage-capped. Based on publicly available information reviewed August 13, 2026. Product names are trademarks of their respective owners; no affiliation or endorsement is implied. Before you buy, ask each vendor the same questions: what is included in the quoted price, what usage terms apply, and what happens at renewal. See the full cost breakdown.

See every head to head comparison

What lawyers are saying.

“It understands how we work. Real, nuanced drafts, suggestions, strategy.”

Omer ErPartner, Michelman & Robinson

Privilege and data control

Uncompromising security.

Enterprise-grade security on every plan, including Free. It's built into the architecture, not gated behind a tier.

See the full privilege & security breakdown

SOC 2 Type II

ISO 27001

HIPAA Compliant

GDPR Compliant

CPRA Compliant

Client data

Client data never touches a frontier model's training pipeline.

Zero retention

Our AI systems do not retain your data, your tenant profile; your data is yours on Irys.

Thinking Trail

Every chat action has an auditable thinking trail attached.

Tenant isolation

Tenant isolation means your data is cryptographically separated from other chats, matters, and users.

One product. One price. No meter.

Start Free Trial Compare all plans

$299per seat / month, flat

Transparent pricing, published for everyone.

No token billing. No seat minimum.

7-day free trial, no credit card.

35% time saved on legal work

Put Irys to work today.

Start Free Trial Book a Demo

No credit cardTransparent pricing7-day free trial

Platform

By practice area

By firm

AI-native platforms

Research + add-on

General AI

Partner with Irys

Learn

Company

Research

Legal Work Starts Here.

One platform for your work and your team.

Meet Irys Workbench.

Everything your firm knows, working together.

It plans the work before it starts.

It works where your work already lives.

Work product, formatted and done.

Workspaces for your team.

Use Irys. Don't count tokens.

No hidden pricing, just the best tech and service.

What lawyers are saying.

Uncompromising security.

Client data

Zero retention

Thinking Trail

Tenant isolation

One product. One price. No meter.

Put Irys to work today.