xAI · xAI Terms of Service · View original document ↗

Liability Cap At Amounts Paid Or $100

High severity High confidence Explicitdocumentlanguage Common · 289 of 352 platforms
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Regardless of the magnitude of harm suffered, users cannot recover more than $100 or amounts already paid to xAI, significantly limiting practical legal recourse.

Consumer impact (what this means for users)

Users can recover no more than the greater of what they paid xAI or $100, no matter the size of the harm.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

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▸ View Original Clause Language DOCUMENT RECORD
"
TO YOU FOR ANY CLAIMS, DAMAGES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.

— Excerpt from xAI's xAI Terms of Service

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

Provision details

Document information
Document
xAI Terms of Service
Entity
xAI
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 12, 2026
Record ID
CA-P-040398
Document ID
CA-D-00327
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
fbcda0ec0bb33eba1935039e132a19676af37212d42f1dfa3668d5a855803878
Analysis generated
May 8, 2026 10:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: xAI
Document: xAI Terms of Service
Record ID: CA-P-040398
Captured: 2026-05-08 10:51:01 UTC
SHA-256: fbcda0ec0bb33eba…
URL: https://conductatlas.com/platform/xai/xai-terms-of-service/provision/CA-P-040398/liability-cap-at-amounts-paid-or-100/
Accessed: July 13, 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 xAI's Liability Cap At Amounts Paid Or $100 clause do?

Regardless of the magnitude of harm suffered, users cannot recover more than $100 or amounts already paid to xAI, significantly limiting practical legal recourse.

How does this clause affect you?

Users can recover no more than the greater of what they paid xAI or $100, no matter the size of the harm.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.

Is ConductAtlas affiliated with xAI?

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