A notice telling users that by registering for a company’s app they are agreeing to arbitrate any future claim does not create an enforceable arbitration agreement, a Pennsylvania appeals court has ruled in allowing a personal injury lawsuit to proceed to trial against the ridesharing giant Uber.

In a precedential decision issued Wednesday, a split three-judge panel ruled in Chilutti v. Uber Technologies that the notice Uber gave to one of its users who later sued the company was not substantial enough to show the plaintiff had agreed to arbitrate her claims.