Provision record
X · X Terms of Service · View original document ↗

Liquidated Damages for Excessive Post Access

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Document Record

What it is

The terms assert that accessing more than 1,000,000 posts in any 24-hour period in violation of the terms triggers a liquidated damages obligation of $15,000 USD (or 15,000 EUR for EU/UK users) per 1,000,000 posts, in addition to other available legal remedies, with joint and several liability for users who facilitate or induce violations.

This analysis describes what X's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes a specific financial exposure threshold tied to post-volume access, applicable to developers, researchers, automated systems, and any user or organization accessing X data at scale without a separately authorized agreement. The clause preserves X's right to pursue additional remedies beyond the stated liquidated damages amount and to seek injunctive relief.

If You Do Nothing

Users or organizations accessing more than 1,000,000 posts per 24-hour period in violation of the terms remain subject to the stated liquidated damages obligation as written

X retains the right to pursue injunctive relief and additional legal remedies beyond the liquidated damages amount

Cross-platform context

See how other platforms handle Liquidated Damages for Excessive Post Access and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
You further agree that, to the extent permitted by applicable law, if you violate the Terms, or you induce or knowingly facilitate others to do so, in addition to all other legal remedies available to us, you will be jointly and severally liable to us for liquidated damages as follows for requesting, viewing, or accessing more than 1,000,000 posts (including reply posts, video posts, image posts, and any other posts) in any 24-hour period - $15,000 USD per 1,000,000 posts. You agree that these amounts are (i) a reasonable estimate of our damages; (ii) not a penalty; and (iii) not otherwise limiting of our ability to recover from you or others under any legal or equitable theory or claim, including but not limited to statutory damages and/or equitable relief. You further agree that repeated violations of these Terms will irreparably harm and entitle us to injunctive and/or other equitable relief, in addition to monetary damages.

Excerpt from X's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: The enforceability of liquidated damages clauses is a matter of applicable state or national contract law; under Texas law (governing non-EU users), liquidated damages clauses are generally enforceable if the amount represents …

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive commercial practices, including contractual terms that may affect competition in data access markets.
    File a complaint →
  • State AG
    State attorneys general have authority over consumer protection issues arising from contractual damages clauses, particularly in states with heightened consumer contract protections.
    File a complaint →

Provision details

Document information
Document
X Terms of Service
Entity
X
Document last updated
May 5, 2026
Tracking information
First tracked
May 7, 2026
Last verified
Sept. 8, 2026
Record ID
CA-P-00029001
Document ID
CA-D-00029
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
436b3f9c4cdebe0406beb518cf02d7e97323b5f95cd1df78627d8891102b7279
Analysis generated
May 7, 2026 22:56 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: X
Document: X Terms of Service
Record ID: CA-P-00029001
Captured: 2026-05-07 22:56:42 UTC
SHA-256: 436b3f9c4cdebe04…
URL: https://conductatlas.com/platform/x/x-terms-of-service/liquidated-damages-for-excessive-post-access/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does X's Liquidated Damages for Excessive Post Access clause do?

This provision establishes a specific financial exposure threshold tied to post-volume access, applicable to developers, researchers, automated systems, and any user or organization accessing X data at scale without a separately authorized agreement. The clause preserves X's right to pursue additional remedies beyond the stated liquidated damages amount and to seek injunctive relief.

Is ConductAtlas affiliated with X?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by X.