This analysis describes what xAI'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
How other platforms handle this
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
Failure by the indemnified party to notify the indemnifying party of the claim under Section 9.3(i) will not relieve the indemnifying party of its obligations under this Section 9; however, the indemnifying party will not be liable for...
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
"xAI shall have received from Customer: (a) prompt written notice of such claim; (b) the exclusive right to control and direct the investigation, defense, or settlement...Excerpt from xAI's Enterprise Terms of Service
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The clause states: “xAI shall have received from Customer: (a) prompt written notice of such claim; (b) the exclusive right to control and direct the investigation, defense, or settlement...”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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