After an Uber driver murdered Ryan Thornton, his mother sued Uber for wrongful death and negligence. Uber moved to compel arbitration under terms displayed during the app-registration process. The trial court found that Thornton had assented to the arbitration clause and stayed the action. The Court of Appeals of Georgia reversed because the record left material factual questions about whether an on-screen keyboard concealed the notice and hyperlink to Uber’s terms when Thornton entered his payment information. A user cannot assent without an opportunity to see the terms, and whether the notice was displayed long enough to be seen could not be resolved as a matter of law. Uber also argued that Thornton’s continued use of the service after an email announcing updated terms established assent. The court rejected that argument at this stage because Uber’s evidence did not identify the email address or show that Thornton received the message. The court reversed the order compelling arbitration and remanded for proceedings consistent with its opinion.