Pokémon Go Terms Of Service Rules Rip Off Consumers If The Game Damages Cell Phone Due To Data Breaches Or Glitches

Before you download the Pokémon Go app for your smartphone you better read the game’s terms and conditions. The terms and conditions agreement in the game app contains what is known as a “ripoff clause.”

As a result, you can’t take Pokémon Go to court in the event of a data breach or a glitch. The agreement states that all disputes between the consumer and the game’s owner must be decided by a private arbitration. Niantic, the game’s owner gets to pick the arbitrator.

Ripoff clauses are very common in smartphone apps. Arbitration agreements make the consumer trade away their day in court to use a company’s app.

Pokémon Go’s arbitration agreement allows you to opt out as long as you do it within 30 days of using its app. The agreement also requires the consumer to hold the company harmless due to damages playing the game. The user agreement also makes the consumer pay any “reasonable legal and accounting fees” in any way connected to their use of Pokémon Go. 

You have probably already waived your right to sue if something goes wrong chasing Pikachu and his pals. After all, what is likely to go wrong playing a cartoon augmented reality mobile game? 

Plenty. The game has been out less than a week and it’s already been linked to data breaches, security risks, an armed robbery, and a dead body.

To opt out of Pokémon Go’s forced arbitration agreement, email the company within 30 days at termsofservice@nianticlabs.com or mail it an opt-out request at 2 Bryant Ste. 220, San Francisco, CA 94105.