So, there's an automation tool for a well-known US-based online platform.

Can that platform sue a non-US-based company (or an individual residing outside of the USA) over a breach of its Terms of Services (or, rather, for providing services that facilitate other people, including US residents, breach ToS).

I've read that a court summons should be served to the defendant, which would not be possible unless they visit USA. Is that true?


1 Answer 1


Yes, they can

The terms probably include a choice of law and a choice of venue for lawsuits which will usually be the state of domicile if the US company. They probably also include a dispute resolution clause that probably requires arbitration and nominates the seat of that arbitration.

Assuming this is so, the US company will bring an action in accordance with the contract. The user can either participate or not. Notwithstanding, if the US company is successful they take their US court order to a court of competent jurisdiction where the user is and it will be enforced. (Assuming the user is in a country which follows the rule of law e.g. not North Korea.)

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