Last Updated: August 19, 2026

Mutual Arbitration Agreement

Please Read This Arbitration Agreement Carefully. It Applies To You And Roku, Inc.

This Agreement is a contract and covers important information relating to your rights. You are responsible for reading and understanding it. You may (but are not required to) seek help from independent advisors outside Roku.

By signing below, you agree to this Arbitration Agreement (the "Agreement") and to arbitrate all the claims and disputes it covers. This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA").

This Agreement applies to both you and Roku, Inc. and its parents, subsidiaries, affiliates and their successors (together, "Roku"), and is intended to benefit and be enforceable by those parties (including their employees and agents), provided the dispute arises out of the subject matter of this Agreement and involves any signatory to this Agreement. A single arbitrator—not a court or jury—will decide all Covered Claims in a final and binding arbitration just between you and Roku.

Covered Claims. Unless excluded below, this Agreement is as broad as the law allows. It covers all past, present, and future legal disputes that would otherwise go to court and that arise from or relate to your application, consideration for hiring, employment, or termination (including post-termination obligations) (the "Covered Claims"). Without limitation, this covers all federal, state, and local statutory, common law, and other applicable legal claims concerning:

  • Wages & Compensation (e.g., minimum wage, sick time, overtime, meal and rest breaks, expense reimbursement, pay statements, leave entitlements, classification, etc.)
  • Workplace Practices (e.g., hiring, background checks, promotions, compensation, discrimination, harassment, retaliation, accommodations, health and safety, payroll transparency, whistleblowing, etc.)
  • Contracts & Torts (e.g., background checks, breach of fiduciary duty, breach of contract, privacy, fraud, negligence, trade secrets, unfair competition, etc.)

This Agreement is mutual: it applies to Covered Claims you have against Roku and to Covered Claims Roku has against you.

Excluded Claims. By law, certain claims cannot be arbitrated. This Agreement does not cover:

  • State Insurance Benefits: Claims for workers’ compensation, state disability, or unemployment insurance benefits are excluded. Claims for discrimination or retaliation relating to those benefits remain covered.
  • ERISA Plans: Claims for benefits under employee benefit plans governed by Employee Retirement Income Security Act.
  • Federal Statutory Exceptions: Whistleblower claims under the Sarbanes-Oxley Act, claims protected by the Department of Defense Appropriations Act, and any other dispute that a federal statute keeps out of arbitration.
  • Sexual Harassment & Assault: Under federal law, you may choose whether to arbitrate claims involving sexual assault or sexual harassment, or take them to court instead.

Mixed Claims. When a dispute includes both Covered and Excluded Claims, the Covered Claims will proceed in arbitration to the extent permitted by law.

Nonwaivable Rights. Nothing in this Agreement prevents you from reporting issues to, or participating in proceedings with, government agencies. You continue to have the right to:

  • File Agency Charges: File a claim, charge, or complaint with the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Department of Labor (DOL), Securities and Exchange Commission (SEC), Occupational Safety and Health Administration (OSHA), or any similar federal, state, or local agency.
  • Participate in Investigations: Assist with or participate in an investigation or proceeding conducted by any of these agencies.
  • Whistleblower Awards: Receive a financial award from a government agency (such as the SEC) for providing information. Roku prohibits retaliation against you for exercising these administrative rights or reporting legal violations to the government.
  • Report Harassment: Report, disclose, or communicate about discrimination, harassment, retaliation, or sexual abuse.

Duplicative Claims. To the fullest extent the law allows, claims that arise from the same facts and seek substantially similar relief will not proceed simultaneously in more than one forum as the applicable law allows. If those claims are filed in both arbitration and another forum (including a court or government agency proceeding that can decide the dispute), one proceeding will be stayed or dismissed until the other is resolved, as the arbitrator or court with jurisdiction decides. Even so, either party may still compel arbitration of Covered Claims after any administrative process ends (including the issuance of a right-to-sue notice), and neither party is excused from any required administrative steps.

Delegation Provision of Arbitrability.

Who Decides if this Agreement is Valid? Only the arbitrator—not a judge or government agency—has authority to decide whether this Agreement is valid, enforceable, or applies to a specific claim (including claims that the Agreement is void), subject to the exceptions below. This is known as the “Delegation Provision.”

Exceptions: Despite the Delegation Provision, only a court (and not the arbitrator) can decide disputes regarding:

  • the validity or enforceability of the Class Action Waiver;
  • the validity or enforceability of the California PAGA Individual Action Requirement; and
  • the applicability of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act to any claim.

Provisional Relief. Either party may ask a court for temporary or preliminary injunctive relief (“Provisional Relief”) in connection with an arbitrable dispute if (a) any award the party might win could be made ineffective without that relief, or (b) the request is needed to enforce performance of an agreement and prevent irreparable harm. The court may consider the merits only to assess likelihood of success and irreparable harm under applicable law. All final relief will be decided in arbitration, and seeking Provisional Relief does not waive any rights under this Agreement.

How to Initiate a Claim, Cooling-Off Period, and Informal Settlement Conference.

Filing a Claim: To start a claim, the claiming Party must send a written and signed demand before the statute of limitations expires. The certified mail postmark date controls. The demand must explain the claim, the supporting facts, and the remedy the Party seeks.

  • Your personally signed notice to Roku must be sent both by certified mail to: General Counsel, Roku, Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112, and by email to: arb.intake@roku.com.
  • Roku’s notice to you will be sent by certified mail to the last home address on file.

The 30-Day Cooling-Off Period: After the demand is sent, a 30-day “Cooling-Off Period” begins. During this time, either party may request an Informal Settlement Conference by phone or video to try to resolve the dispute.

If either party requests the conference, it is mandatory. You and a Roku representative must personally take part (lawyers may also attend).

Enforcement: The arbitrator selection process may not begin until the 30-day period (and the Informal Settlement Conference, if requested) is complete. No arbitration fee will be billed until this step is complete. If a party skips these steps, unless otherwise prohibited by applicable law, the arbitration provider (e.g., JAMS) is without authority to accept or administer any arbitration demand, and the party that skipped them may owe fees and costs.

CLASS ACTION WAIVER. You and Roku agree to bring any claims or disputes on an individual basis only. BOTH PARTIES WAIVE THE RIGHT TO BRING, HEAR, OR ARBITRATE ANY DISPUTE AS A CLASS OR COLLECTIVE ACTION. The arbitrator cannot preside over group claims, and no arbitration under this Agreement may be combined with the claims of other employees or applicants. You are not entitled to receive notice of any class or collective actions involving Covered Claims, and you may not opt in to or join them. If a court makes a final determination that this Class Action Waiver is invalid or unenforceable, it will be removed from this Agreement. If that happens, the class or collective action must go to civil court—not arbitration—but any enforceable part of this waiver still applies in arbitration.

(California) Private Attorneys General Act (“PAGA”) and Individual Action Requirement.

Individual Action Requirement: You and Roku agree that any PAGA claim you bring for yourself—for unpaid wages, civil penalties, or other relief—must be resolved through individual arbitration.

No Group Claims in Arbitration: The arbitrator may not hear any PAGA claims you bring for others, and may not combine your claim with anyone else’s. If you file a PAGA claim in court for a group of employees (a non-individual claim), the court proceeding will be stayed. The arbitrator (not a judge) must first decide whether you qualify as an aggrieved employee under PAGA. This rule applies even if you say you are only representing others and seeking no relief for yourself.

Severability. If a court decides that this individual-claims-only rule is unenforceable, the rule will be severed from this Agreement. Any group PAGA claims will then be handled in civil court, not in arbitration. Any parts of this rule that remain enforceable will still apply in arbitration.

Arbitration Procedures.

Arbitrator Selection & Qualifications: You and Roku will try to jointly select a neutral arbitrator with appropriate experience deciding labor and employment disputes. If joint selection fails, the parties will exchange lists of 5 proposed arbitrators. The arbitrator has a continuing obligation to promptly disclose any conflicts of interest or bias.

JAMS Administration & Fallback Selection: If mutual selection fails, JAMS will administer the arbitration under its Employment Rules and, if applicable, its Mass Arbitration Procedures and Guidelines (“JAMS Mass Rules”). If this Agreement conflicts with the JAMS rules, this Agreement controls. JAMS will provide a list of 7 arbitrators. Within 10 days, each party will “strike” any names it finds unacceptable. If more than one name remains on both lists, the parties will take turns striking arbitrator names (a coin toss decides who goes first) until one remains. If no names remain on both lists, JAMS will issue a new list of 7, and the parties will take turns striking arbitrator names again, but with no peremptory challenges. If JAMS cannot or will not administer the arbitration, a court with jurisdiction will appoint the arbitrator.

Costs & Fees: Your filing fee will not be more than the local civil court filing fee; Roku will pay anything above that, plus all arbitration-specific costs (e.g., the arbitrator’s fees). Each side pays its own attorneys’ fees and costs, unless applicable law lets the arbitrator award them to the prevailing party.

Discovery: Both parties are entitled to reasonable discovery, including:

  • Depositions of 3 fact witnesses and any designated experts;
  • 12 interrogatories and standard document requests; and
  • Subpoenas for witnesses and documents.

The arbitrator may grant more discovery if the parties agree or if deemed material and likely to affect the outcome.

Motions, Remedies, & Award: The arbitrator will apply the substantive law relevant to the claim asserted and may award any individual remedy a court could award. Parties may file dispositive motions (e.g., motions to dismiss or for summary judgment) under Federal Rules of Civil Procedure standards. The arbitrator will set a briefing schedule for any dispositive motion and will issue a written decision explaining the facts and legal reasoning. Awards in your case will not preclude or set precedent for other employees’ or applicants’ claims against Roku. A court with jurisdiction may enter judgment on the award.

Governing Law, Jurisdiction, and Venue: Your last assigned Roku office determines arbitration location and governing law if the FAA does not apply. For applicants:

  • if the role is filled, use that office;
  • if not, use the closest Roku office.

Any related court actions must be filed in the federal court covering that location, or—if the federal court lacks jurisdiction—in the state court covering that location. Any non-arbitrable claims will be separated out and stayed until the arbitration is complete.

Scope & Beneficiaries: This Agreement covers all arbitrable claims between you and Roku, including those relating to your application, hiring, employment, and termination (and post-termination obligations). Roku’s past, present, and future affiliates, officers, directors, agents, benefit plans, and successors are also covered by this Agreement as third-party beneficiaries and may enforce this Agreement in their capacity as such. The Delegation Provision applies to all future agreements between you and Roku. Except as further specified in the Class Action Waiver and PAGA Individual Action Requirement, if any provision of this Agreement is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, any invalid provision contained in this Agreement will be severed, and the rest of the Agreement will remain in effect.

AGREED BY YOU AND ROKU (IMPORTANT!)

ACKNOWLEDGMENT AND AGREEMENT: I have carefully read this Agreement, understand it, and expressly agree to it. By submitting my application, clicking “I agree,” or typing my name in the space below, I acknowledge and agree to the following:

  • Waiver of Jury Trial: Roku and I both give up our right to a court or jury trial and agree to resolve all Covered Claims through binding arbitration.
  • Electronic Signature: I agree that selecting an option indicating my agreement to this Agreement and clicking "Submit" constitutes my electronic signature and my affirmative acceptance of this Agreement. I further agree that my electronic signature, including selecting an agreement option, clicking "I Have Read and Agree to the Mutual Arbitration Agreement," clicking "Submit," typing my name, checking a box, or taking another electronic action indicating acceptance, has the same legal force and effect as my handwritten signature.
  • Validity: This is a binding, enforceable provision. It remains fully valid and effective even if I provide my E-Signature on a separate screen and my name and the date do not physically appear on this document.

By issuing this Mutual Arbitration Agreement, Roku agrees to be bound by it without having to sign.
AGREED: Roku, Inc.