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.
the indemnifying party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the indemnifying party's prior written consent
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...
"The foregoing indemnification obligation of xAI shall not apply to the extent that the alleged infringement arises from: (1) any modification of the Services...other than by or on behalf of xAI...Excerpt from xAI's Enterprise Terms of Service
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The clause states: “The foregoing indemnification obligation of xAI shall not apply to the extent that the alleged infringement arises from: (1) any modification of the Services...other than by or on behalf of xAI...”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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