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
The updated terms establish mandatory dispute resolution in Texas courts under Texas law, with arbitration as a fallback, and require users to waive class action rights. X credential login data now transfers automatically to SpaceXSI accounts rather than requiring opt-in election. The terms introduce new provisions for beta features (provided as-is without warranty or support) and business domain accounts (subject to employer administrator access). Parents and guardians are explicitly responsible for minor use, though the terms state that age-appropriate controls are applied as required by law. You can review the updated Privacy Policy to understand how personal information is handled, and you may choose whether to use beta or trial features.
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Nothing in these terms will limit our (or the Service Provider's) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct.
OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES
"For European-Consumers, provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Terms or is reasonably foreseeable at the time of entering into these Terms.Excerpt from xAI's Terms of Service
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The clause states: “For European-Consumers, provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Terms or is reasonably foreseeable at the time of entering into these Terms.”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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