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xAI Terms of Service Diff - Jan 2, 2025 → Feb 14, 2025

Created 2 months agoDiff never expires

129 lines

125 lines

Effective: January 2, 2025 (previous version)

Effective: February 14, 2025 (previous version)

Welcome to xAI!

These Terms of Service (”Terms”) apply to your use of Grok and xAI’s other services for individuals, along with any associated software applications and websites (collectively, the “Service”). These Terms form an agreement between you and xAI, L.L.C., a Nevada company (“xAI,” “we,” “our,” or “us”). By using our Service, you agree to these Terms.

These Terms of Service (”Terms”) apply to your use of Grok and xAI’s other services for individuals, along with any associated software applications and websites (collectively, the “Service”). These Terms form an agreement between you and X.AI LLC, a Nevada company (“xAI,” “we,” “our,” or “us”). By using our Service, you agree to these Terms.

Please note:

We reserve the right to modify these Terms.

Our Enterprise Terms of Use govern the use of our services for developers and businesses, including APIs and PromptIDE.

Our Enterprise Terms of Use govern the use of our services for developers and businesses, including xAI APIs and PromptIDE.

If you reside in the European Economic Area, European Union, or the United Kingdom, your use of the Service is governed by the EU/UK Specific Terms below.

If you reside in the European Economic Area, United Kingdom, or Switzerland (collectively, “Europe”), your use of the Service is governed by the Europe Specific Terms below.

Please read our Privacy Policy, which describes how we collect and use personal information. Although it does not form part of these Terms, it is an important document you should read.

Please read our Privacy Policy, which describes how we collect and use personal information. Although it does not form part of these Terms, it is an important document you should read. Another document that is helpful but not part of these Terms is our Consumer FAQs that give further information about our Service.

Who we are

xAI is a company working on building artificial intelligence to accelerate human scientific discovery. We are guided by our mission to advance our collective understanding of the universe. As part of our mission, we have developed “Grok,” a conversational generative AI powered by xAI’s large language models. For more information about xAI, please visit https://x.ai/.

xAI is a separate company from X Corp ("X", previously Twitter).

Registration and access

Minimum age. You must be at least 13 years old or the minimum age required in your country to use the Service. If you are a teenager between 13 and 18 years old, you must have your parent or legal guardian’s permission to use the Service. Parents of teenagers between 13 and 18 years old must agree to these Terms, and are urged to exercise care in monitoring the use of this Service. Depending on how a user interacts with the Service, the Service may have content such as some suggestive dialogue, coarse language, crude humor, sexual situations, or violence.

Minimum age. You must be at least 13 years old or the minimum age required in your country to use the Service. To use the Service, you must confirm that you meet the minimum age requirement. If you are a teenager between the ages of 13 and 17 years old, you must have your parent or legal guardian’s permission to use the Service, and they must agree to our Terms of Service. While we have taken measures to limit undesirable training data and outputs, the Service could produce output that is not appropriate for all ages. Depending on how you choose to interact with the Service, the Service may respond with some suggestive dialogue, coarse language, crude humor, sexual situations, or violence. We urge parents to exercise care in monitoring the use of the Service by their teenagers.

Registration. You must provide accurate and complete information to register for an account to use our Service. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Connecting Via Third-Party Service. By connecting to the Service via a third-party service, including via your X account, you give us permission to access, use, and store your information from that service, as permitted by that service, which may include log-in credentials and/or access tokens for that service. If connecting to xAI using your X account, you may elect (opt-in) to bring your X activity, X post history, and Grok in X conversation history to your xAI account.

Logging in through a third-party service. By choosing to login to our Service by using a third-party service, such as Google, Apple, or X, you give us permission to access, use, and store your information from that service, as permitted by that service, which may include log-in credentials and/or access tokens for that service. If connecting to our Service using your X credentials, you may elect (opt-in) to bring your X user profile, X account and location information, X preferences, X post history (your X posts viewable on your X account including posts to and from all accounts (public or protected) that you can view), and your Grok in X conversation history to your xAI account.

Using our Service

What you can do. Subject to your compliance with these Terms, you may access and use our Service. You must comply with all applicable laws as well as our Acceptable Use Policy and any other documentation, guidelines, or policies we make available to you.

What you cannot do. You are prohibited from using our Service for any illegal, harmful, or abusive activity, including but not limited to:

Detrimentally impacting the Service, including by:

Modifying, copying, leasing, selling, distributing, reverse engineering, or decompiling our Service.

Modifying, copying, leasing, selling, distributing, reverse engineering, or decompiling our Service

Using the Service or any Output, to develop models or services that compete with xAI

Disrupting, interfering, or unauthorized access to the Service or its safety systems

Causing harm or engaging in abusive activity, including by:

Critically harming or promoting critically harming human life (yours or anyone else’s)

Violating copyright, trademark, or other intellectual property law

Violating a person’s privacy or their right to publicity

The sexualization or exploitation of children

Espionage, hacking, defrauding, defamation, scamming, spamming, or phishing

Not complying with laws or regulations, including by:

Taking unauthorized actions on behalf of others

Operating in a regulated industry or region without complying with those regulations

Making high-stakes automated decisions that affect a person’s safety, legal or material rights, or well-being (such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about or for them).

Misleading others or not being transparent regarding your use of AI

Who the Service is not available to.

Anyone who violates these Terms, Acceptable Use Policy, other documentation, guidelines, or policies we make available to you.

Anyone who has been previously removed from the Service.

Downloadable software. Our Service may allow you to download software, such as mobile applications, which may update automatically to ensure you are using the latest version.

Content

Your content. You may provide input to the Service (”Input”) and receive output from the Service based on the Input (”Output”). Collectively, Input and Output are “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service.

You own your Content. You may provide input to the Service (”Input”) and receive output from the Service based on the Input (”Output”). Collectively, Input and Output are “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service. To the extent permitted by applicable law and as between you and xAI: you retain your ownership rights to the Input, and you own the Output. We ask that when using Output, that you attribute the Service as having generated the Output, as detailed in our Brand Guidelines on the xAI website.

Ownership of Content. To the extent permitted by applicable law and as between you and xAI: you retain your ownership rights to the Input, and you own the Output.

Our use of Content. You grant, an irrevocable, perpetual, transferable, sublicensable, royalty-free, and worldwide right to xAI to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, aggregate, and display your Content): (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer and market research, developing new products or features, and identifying usage trends; and (iii) to perform such other actions to enforce these Terms, comply with our Privacy Policy, comply with applicable law, keep our Service safe, or as authorized by you in connection with your use of the Service.

Our use of Content. You grant, an irrevocable, perpetual, transferable, sublicensable, royalty-free, and worldwide right to xAI to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, and display your Content): (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer and market research, developing new products or features, and identifying usage trends; and (iii) to perform such other actions to enforce these Terms, comply with our Privacy Policy, comply with applicable law, keep our Service safe, or as authorized by you in connection with your use of the Service. For safety and compliance purposes, Temporary Chat Content and Content that you request to be deleted is maintained on our backend systems for up to 30 days before deletion.

Automated systems that analyze your use of the Service and Content may be used for safety and compliance purposes. A limited number of our authorized personnel may review how you use the Service and your Content for specific business purposes, including improving model performance, investigating security incidents and potential misuse of our Services, and complying with our legal obligations.

Temporary Chat Content and Content that you request to be deleted is maintained on our backend systems for up to 30 days before deletion.

Accuracy. Artificial intelligence is rapidly evolving and is probabilistic in nature; it may therefore sometimes result in Output that contains “hallucinations,” may be offensive, may not accurately reflect real people, places or facts, may be objectionable, inappropriate, or otherwise not be suitable for your intended purpose.

Similarity of content. Due to the nature of artificial intelligence, outputs may not be unique and users may receive similar output from our Service. Your rights to Output does not extend to other’s rights.

Sharing of Content. Certain features of the Service may allow you to share Input and Output with others, including through your social networks or other third-party services, such as X. If you share Input or Output from the Service with others, you authorize xAI to share those materials with the applicable third-party. Please review the policies of any third-party service providers you share Input or Output with or through for additional information about how they may use those materials.

Connecting to third-party services. Certain features of the Service may facilitate your ability to connect to a third-party service, such as X. If you choose to send your Content to such a third-party service, you are instructing and authorizing xAI to send your Content out of the Service. Please review the policies of any third-party service providers for additional information about how they may use those materials.

Opt out of training. If you do not want us to use your Content to train our models and improve our services, you can go to your account settings to opt out.

Electing whether your Content is used for training. When logged into our Service, you can select whether or not you want us to use your Content to train our models and improve our services. Where available, you may access our Service without logging in. When doing so, where permitted, you grant us the rights to use any data you provide to or obtain from our Service for model training purposes. Further details are available in the Privacy Policy and Consumer FAQs.

When you use our Service, you understand and agree that:

Output may not always be accurate. Output from our services is not professional advice. You should conduct your own thorough research and should not rely on Output as the truth.

You are responsible for evaluating the Output for accuracy and appropriateness for your use, including using human review and supervision, before using or sharing Output.

Our Service may provide incomplete, incorrect, or offensive Output that does not represent xAI’s views. Outputs are not meant to endorse a person or third-party’s views.

At our sole discretion, we may implement rate limitations to accommodate system resources or usage needs.

Beta technologies

We continue to add features to our Service, many in beta testing, which you accept “AS IS.”

We continue to add new models and other features, some which may be in beta testing where indicated; and you accept that they are provided “AS IS.”

We may implement rate limitations to accommodate system resources or usage needs.

“Temporary Chat” is beta technology where your conversation will not appear in your conversation history, and is removed from our system in about 30 days.

“Unhinged Mode” is a beta technology where the responses Grok provides are intended to be objectionable, inappropriate, and offensive, much like an amateur stand-up comic who is still learning the craft. You are not permitted to use “Unhinged Mode,” where available, unless you agree to interact with such material.

We may, where available, allow users to access Grok without logging in. When doing so, you agree that we will use any data you provide to or obtain from Grok for model training purposes, as further detailed in the Privacy Policy. Also, we may limit the number of requests you may send or responses you may receive from Grok. If you do not agree to these additional terms, you may not access or use Grok without logging in.

Grok conversation history from your X account. You may share your Grok conversation history from when you accessed Grok from your X account to the Grok mobile app or grok.com website by opting in when you sign into your xAI account using your X account credentials. You remain responsible for your use and activities on X, and xAI does not assume any of those responsibilities.

xAI’s Intellectual Property Rights

We and our affiliates own all rights, title, and interest in and to the Service.

We own our Service. We and our affiliates own all rights, title, and interest in and to the Service.

Usage data relating to our Service. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer or market research; and (e) to share analytics and other derived Usage Data with third-parties, solely in de-identified or aggregated form.

Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other xAI products or services (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third-party, for any purpose whatsoever, although we are not required to use any Feedback.

Privacy and Data Security

Privacy. We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or de-identified data as set forth in our Privacy Policy, and that your personal information will be transferred to, and/or processed in, the United States.

Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk. You will notify us immediately of any breach of security or unauthorized use of your User Account.

Paid accounts

Fees; Payments; Cancellation.

If you purchase any aspect of the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each periodic renewal until you cancel. We will charge tax when required. If your payment is not successful, we may downgrade your account or suspend your access to the Service until payment is received. You can cancel your paid subscription at any time; however, payments already made are non-refundable, except where required by law.

Upon 30 days’ notice we may increase our subscription prices; any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Price changes. We may change our subscription prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Certain aspects of the Service may also be accessed via a third-party, such as X . If you chose to access such aspects of the Service via your X account, you must also agree to the X Terms of Service.

Paid subscriptions through X. X has a version of Grok that is available on the X platform that is not covered by these Terms. If you chose to access Grok in X, you must also agree to the X Terms of Service.

Termination, suspension, discontinuation

Termination. You are free to stop using our Service at any time.

Your choice to terminate. You are free to stop using our Service at any time and close your account. See the Paid Accounts section above for details on payments already made.

We may terminate or suspend your access to our Service or delete your account at any time without notice to you if we determine, at our sole discretion, that:

Our choice to terminate. We may terminate or suspend your access to our Service or delete your account at any time without notice to you if we determine, at our sole discretion, that:

You breached these Terms or our Acceptable Use Policy, guidelines, or other policies

We must do so to comply with the law

Your use of our Service could cause risk or harm to xAI, our users, or anyone else

Your account has been inactive for over a year and you do not have a paid account

If we terminate your access to the Services due to a violation of these Terms or our Acceptable Use Policy, you will not be entitled to any refund.

No refund. If we terminate your access to the Services due to a violation of these Terms or our Acceptable Use Policy, you will not be entitled to any refund.

Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting support@x.AI

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting support@x.ai.

We may decide to discontinue our Service. If we do, we will provide you notice and any applicable refund for prepaid, unused services.

Discontinuation of our Service. We may decide to discontinue our Service. If we do, we will provide you notice and any applicable refund for prepaid, unused services.

Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. XAI DOES NOT GUARANTEE THAT THE FUNCTIONS OR FEATURES OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS PROFESSIONAL ADVICE.

Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including xAI, the “xAI Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or xAI Intellectual Property Right; (d) your violation of any Applicable Law; (e) Input or any content that is submitted via your User Account, including, without limitation, any misleading, false, defamatory, or inaccurate information; (f) your willful misconduct; or (g) any third-party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s).

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL XAI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XAI OR ANY XAI INDEMNITEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY INPUT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights.

If you believe that your copyrighted work has been infringed and is accessible via the Service, please notify our copyright agent by following these instructions. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers at our sole discretion.

If you believe that your copyrighted work or other right to your work or image has been infringed and is accessible via the Service, please notify our copyright agent by following these instructions. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers at our sole discretion.

Written claims concerning copyright infringement must include all of the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner

A description of the copyrighted work that you claim has been infringed upon

A description of where the allegedly infringing material is located on our Service, so we can find it

Your address, telephone number, and e-mail address

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

The above information must be submitted to our Copyright Agent at:

Attn: Legal - Copyright Agent X.AI LLC 1450 Page Mill Road Palo Alto, CA 94304 USA

Attn: Legal - Copyright Agent, X.AI LLC, 1450 Page Mill Road Palo Alto, CA 94304 USA

Dispute resolution

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER THAT YOU CAN SEEK RELIEF FROM XAI.

You and xAI agree to the following mandatory arbitration and class action waiver provisions:

MANDATORY ARBITRATION. You and xAI agree to resolve any claims arising out of or relating to these Terms or our Service, regardless of when the claim arose, even if it was before these Terms existed (a “Claim”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by emailing us at legal@x.ai with your full, legal name and stating your intent to opt out of this Arbitration Agreement. If you opt out of an update, the last set of agreed upon arbitration terms will apply. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

MANDATORY ARBITRATION. You and xAI agree to resolve any claims arising out of or relating to these Terms or our Service, regardless of when the claim arose, even if it was before these Terms existed (a “Claim”), through final and binding arbitration (this “Arbitration Agreement”). You may opt out of arbitration within 30 days of account creation or of any updates to these Terms within 30 days after the update has taken effect by emailing us at legal@x.ai with your full, legal name and stating your intent to opt out of this Arbitration Agreement. If you opt out of an update, the last set of agreed upon Terms will apply. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

Dispute-Resolution Process. For any Claim, you will first contact us at legal@x.ai and meet and confer to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Arbitration Procedures then in effect for AAA (the “Rules”), except as provided herein. AAA may be contacted at www.adr.org, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted by videoconference, unless the Arbitrator determines it must be in person, in which case it will be conducted in the U.S. county where you live (if applicable) or Palo Alto, California, unless you and xAI agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Service or intellectual property infringement or misappropriation.

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THESE TERMS, YOU AND XAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND XAI AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO

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Terms of Service - Consumer (Jan 2, 2025)
Effective: January 2, 2025  (previous version)
Welcome to xAI!
These Terms of Service (”Terms”) apply to your use of Grok and xAI’s other services for individuals, along with any associated software applications and websites (collectively, the “Service”).  These Terms form an agreement between you and xAI, L.L.C., a Nevada company (“xAI,” “we,” “our,” or “us”).  By using our Service, you agree to these Terms.
Please note:

We reserve the right to modify these Terms.
Our Enterprise Terms of Use govern the use of our services for developers and businesses, including APIs and PromptIDE.
If you reside in the European Economic Area, European Union, or the United Kingdom, your use of the Service is governed by the EU/UK Specific Terms below.
Please read our Privacy Policy, which describes how we collect and use personal information. Although it does not form part of these Terms, it is an important document you should read.

Who we are
xAI is a company working on building artificial intelligence to accelerate human scientific discovery. We are guided by our mission to advance our collective understanding of the universe.  As part of our mission, we have developed “Grok,” a conversational generative AI powered by xAI’s large language models.  For more information about xAI, please visit https://x.ai/.
xAI is a separate company from X Corp ("X", previously Twitter).
Registration and access
Minimum age.  You must be at least 13 years old or the minimum age required in your country to use the Service. If you are a teenager between 13 and 18 years old, you must have your parent or legal guardian’s permission to use the Service. Parents of teenagers between 13 and 18 years old must agree to these Terms, and are urged to exercise care in monitoring the use of this Service. Depending on how a user interacts with the Service, the Service may have content such as some suggestive dialogue, coarse language, crude humor, sexual situations, or violence.
Registration.  You must provide accurate and complete information to register for an account to use our Service. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Connecting Via Third-Party Service.  By connecting to the Service via a third-party service, including via your X account, you give us permission to access, use, and store your information from that service, as permitted by that service, which may include log-in credentials and/or access tokens for that service.  If connecting to xAI using your X account, you may elect (opt-in) to bring your X activity, X post history, and Grok in X conversation history to your xAI account.
Using our Service
What you can do.  Subject to your compliance with these Terms, you may access and use our Service.  You must comply with all applicable laws as well as our Acceptable Use Policy and any other documentation, guidelines, or policies we make available to you.
What you cannot do.  You are prohibited from using our Service for any illegal, harmful, or abusive activity, including but not limited to:

Detrimentally impacting the Service, including by:

Modifying, copying, leasing, selling, distributing, reverse engineering, or decompiling our Service.
Using the Service or any Output, to develop models or services that compete with xAI
Disrupting, interfering, or unauthorized access to the Service or its safety systems

Causing harm or engaging in abusive activity, including by:

Critically harming or promoting critically harming human life (yours or anyone else’s)
Violating copyright, trademark, or other intellectual property law
Violating a person’s privacy or their right to publicity
The sexualization or exploitation of children
Espionage, hacking, defrauding, defamation, scamming, spamming, or phishing

Not complying with laws or regulations, including by:

Taking unauthorized actions on behalf of others
Operating in a regulated industry or region without complying with those regulations
Making high-stakes automated decisions that affect a person’s safety, legal or material rights, or well-being (such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about or for them).
Misleading others or not being transparent regarding your use of AI

Who the Service is not available to.

Anyone who violates these Terms, Acceptable Use Policy, other documentation, guidelines, or policies we make available to you.
Anyone who has been previously removed from the Service.

Third-party services and software.  Our Service may include or be integrated with third-party software, products, or services that are subject to their own terms.  Our software may include open source software that is governed by its own licenses.
Downloadable software. Our Service may allow you to download software, such as mobile applications, which may update automatically to ensure you are using the latest version.
Content
Your content. You may provide input to the Service (”Input”) and receive output from the Service based on the Input (”Output”).  Collectively, Input and Output are “Content.”  You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms.  You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service.
Ownership of Content.  To the extent permitted by applicable law and as between you and xAI:  you retain your ownership rights to the Input, and you own the Output.
Our use of Content.  You grant, an irrevocable, perpetual, transferable, sublicensable,  royalty-free, and worldwide right to xAI to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, and display your Content): (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer and market research, developing new products or features, and identifying usage trends; and (iii) to perform such other actions to enforce these Terms, comply with our Privacy Policy, comply with applicable law, keep our Service safe, or as authorized by you in connection with your use of the Service.  For safety and compliance purposes, Temporary Chat Content and Content that you request to be deleted is maintained on our backend systems for up to 30 days before deletion.
Accuracy.  Artificial intelligence is rapidly evolving and is probabilistic in nature; it may therefore sometimes result in Output that contains “hallucinations,” may be offensive, may not accurately reflect real people, places or facts, may be objectionable, inappropriate, or otherwise not be suitable for your intended purpose.
Similarity of content.  Due to the nature of artificial intelligence, outputs may not be unique and users may receive similar output from our Service.  Your rights to Output does not extend to other’s rights.
Sharing of Content.  Certain features of the Service may allow you to share Input and Output with others, including through your social networks or other third-party services, such as X. If you share Input or Output from the Service with others, you authorize xAI to share those materials with the applicable third-party. Please review the policies of any third-party service providers you share Input or Output with or through for additional information about how they may use those materials.
Opt out of training.  If you do not want us to use your Content to train our models and improve our services, you can go to your account settings to opt out.
When you use our Service, you understand and agree that:

Output may not always be accurate.  Output from our services is not professional advice.  You should conduct your own thorough research and should not rely on Output as the truth.
You are responsible for evaluating the Output for accuracy and appropriateness for your use, including using human review and supervision, before using or sharing Output.
Our Service may provide incomplete, incorrect, or offensive Output that does not represent xAI’s views.  Outputs are not meant to endorse a person or third-party’s views.

Beta technologies
We continue to add features to our Service, many in beta testing, which you accept “AS IS.”
We may implement rate limitations to accommodate system resources or usage needs.
“Temporary Chat” is beta technology where your conversation will not appear in your conversation history, and is removed from our system in about 30 days.
“Unhinged Mode” is a beta technology where the responses Grok provides are  intended to be objectionable, inappropriate, and offensive, much like an amateur stand-up comic who is still learning the craft.  You are not permitted to use “Unhinged Mode,” where available, unless you agree to interact with such material.
We may, where available, allow users to access Grok without logging in. When doing so, you agree that we will use any data you provide to or obtain from Grok for model training purposes, as further detailed in the Privacy Policy.  Also, we may limit the number of requests you may send or responses you may receive from Grok.  If you do not agree to these additional terms, you may not access or use Grok without logging in.
Grok conversation history from your X account.  You may share your Grok conversation history from when you accessed Grok from your X account to the Grok mobile app or grok.com website by opting in when you sign into your xAI account using your X account credentials.  You remain responsible for your use and activities on X, and xAI does not assume any of those responsibilities.
xAI’s Intellectual Property Rights
We and our affiliates own all rights, title, and interest in and to the Service.
Usage data relating to our Service. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer or market research; and (e) to share analytics and other derived Usage Data with third-parties, solely in de-identified or aggregated form.
Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other xAI products or services (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third-party, for any purpose whatsoever, although we are not required to use any Feedback.
Privacy and Data Security
Privacy. We care about your privacy.  By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or de-identified data as set forth in our Privacy Policy, and that your personal information will be transferred to, and/or processed in, the United States.
Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.  You will notify us immediately of any breach of security or unauthorized use of your User Account.
Paid accounts
Fees; Payments; Cancellation.
If you purchase any aspect of the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each periodic renewal until you cancel. We will charge tax when required. If your payment is not successful, we may downgrade your account or suspend your access to the Service until payment is received. You can cancel your paid subscription at any time; however, payments already made are non-refundable, except where required by law.
Upon 30 days’ notice we may increase our subscription prices; any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Certain aspects of the Service may also be accessed via a third-party, such as X . If you chose to access such aspects of the Service via your X account, you must also agree to the X Terms of Service.
Termination, suspension, discontinuation
Termination. You are free to stop using our Service at any time.
We may terminate or suspend your access to our Service or delete your account at any time without notice to you if we determine, at our sole discretion, that:

You breached these Terms or our Acceptable Use Policy,  guidelines, or other policies
We must do so to comply with the law
Your use of our Service could cause risk or harm to xAI, our users, or anyone else
Your account has been inactive for over a year and you do not have a paid account

If we terminate your access to the Services due to a violation of these Terms or our Acceptable Use Policy, you will not be entitled to any refund.
Appeals:  If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting support@x.AI
We may decide to discontinue our Service.  If we do, we will provide you notice and any applicable refund for prepaid, unused services.
Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. XAI DOES NOT GUARANTEE THAT THE FUNCTIONS OR FEATURES OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS PROFESSIONAL ADVICE.
Indemnity
To the fullest extent permitted by law, you will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including xAI, the “xAI Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or xAI Intellectual Property Right; (d) your violation of any Applicable Law; (e) Input or any content that is submitted via your User Account, including, without limitation, any misleading, false, defamatory, or inaccurate information; (f) your willful misconduct; or (g) any third-party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s).
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF.  UNDER NO CIRCUMSTANCES WILL XAI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XAI OR ANY XAI INDEMNITEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY INPUT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights.
Copyright complaints
If you believe that your copyrighted work has been infringed and is accessible via the Service, please notify our copyright agent by following these instructions.  We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers at our sole discretion.
Written claims concerning copyright infringement must include all of the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our Service, so we can find it
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

The above information must be submitted to our Copyright Agent at:
Attn: Legal - Copyright Agent X.AI LLC 1450 Page Mill Road Palo Alto, CA 94304 USA
Dispute resolution
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and xAI agree to the following mandatory arbitration and class action waiver provisions:
MANDATORY ARBITRATION.  You and xAI agree to resolve any claims arising out of or relating to these Terms or our Service, regardless of when the claim arose, even if it was before these Terms existed (a “Claim”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by emailing us at legal@x.ai with your full, legal name and stating your intent to opt out of this Arbitration Agreement. If you opt out of an update, the last set of agreed upon arbitration terms will apply.  Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
Dispute-Resolution Process. For any Claim, you will first contact us at legal@x.ai and meet and confer to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Arbitration Procedures then in effect for AAA (the “Rules”), except as provided herein. AAA may be contacted at www.adr.org, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted by videoconference, unless the Arbitrator determines it must be in person, in which case it will be conducted in the U.S. county where you live (if applicable) or Palo Alto, California, unless you and xAI agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Service or intellectual property infringement or misappropriation.
CLASS ACTION AND JURY TRIAL WAIVERS.  BY ENTERING INTO THESE TERMS, YOU AND XAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND XAI AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
Governing Law. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
General Provisions
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Notification Procedures and Changes to these Terms. We may provide notifications, whether such notifications are required by applicable law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Service, as we determine, at our sole discretion.  When we change these Terms in a material manner, we will update the ‘Effective’ date at the top of this page. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
Entire Agreement; Severability. These Terms, together with any amendments and any additional written agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Contact. If you have any questions about these Terms and/or the Service, please contact us at support@x.ai.
Export Controls
U.S. Government Restricted Rights.  To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable.
Export Controls.  You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.
Mobile Apps
Additional Terms for Mobile Apps. To use any mobile App, you must have a mobile device that is compatible with such App. xAI does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof.  You consent to such automatic upgrading on your mobile device.
iOS App. This paragraph applies to any App you acquire from the Apple App Store (such App, “iOS App”). You and xAI understand and acknowledge that these Terms are solely between you and xAI, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to xAI as provider of the iOS App. You and xAI acknowledge that Apple is not responsible for addressing any claims of you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third-party’s intellectual property rights, xAI, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and xAI acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.
Android App. This paragraph applies to any App you acquire from the Google Play Store (such App, “Android App”): (a) you acknowledge that these Terms are between you and xAI only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) xAI, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.
EU/UK - Specific Terms
Special Terms for Residents of the European Economic Area (EEA), United Kingdom (UK) and Switzerland ("EU/UK-Specific Terms")
Definition of Consumer. For the purposes of these EU/UK-Specific Terms "EU/UK-Consumers" are those natural persons with a habitual place of residence in the EEA, UK or Switzerland who enter into a contract subject to these Terms for a purpose outside their trade, business or profession.
Governing Law. ****These Terms and any action related thereto will be governed by the laws of the State of California, excluding its conflict of laws principles. If you are an EU-Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident as well as of the provisions of these EU specific terms.
Venue of jurisdiction. If you are an EU-Consumer, the arbitration agreement in Section 14 shall not apply to you. As an EU-Consumer, you may bring any dispute which may arise under these Terms or in connection with the use of the Service, at your discretion, in your local courts. We shall bring any dispute which may arise under these Terms or in connection with your use of the Service to the competent court of your country of habitual residence if that country is within the EEA, the UK or Switzerland.
Online Dispute Resolution. If you are an EU-Consumer resident in the EEA and have a dispute with x.AI (and not another User), you can also raise the dispute with an alternative dispute resolution body via the European Commission's Online Dispute Resolution (ODR) Platform, which you can access at: http://ec.europa.eu/consumers/odr/. We are not obliged to participate in online dispute resolution and have chosen not to do so.
Right of Withdrawal.  As an EU-Consumer with residence in the EEA, you have the right to close your account and withdraw from this contract within 14 days of accepting them without giving any reason. The withdrawal period is 14 days and commences upon the conclusion of the contract.
To exercise your right of withdrawal, you must inform us, x.AI, LLC, 1450 Page Mill Road, Palo Alto, CA 94304 U.S.A., legal@x.ai, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or by email). You may use the Model Withdrawal Form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal.  If you withdraw from this contract and you have signed-up for a paid subscription, we must repay you all payments that we have received from you, without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Please note this does not include an X Premium or X Premium+ account charges. Please refer to the X Premium Terms of Use for further details of how to claim a refund for those charges.
If you requested to begin the performance of Service during the withdrawal period and you have signed-up for a paid subscription, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Exceptions to the right of withdrawal.
The right of withdrawal does not apply to contracts:

for events which have been put together individually at your request and which are adapted to your personal need,
which we conclude with entrepreneurs,
which are not concluded exclusively using means of distance communication (e.g., e-mail, post).

Model Withdrawal Form. (If you wish to withdraw from the contract, you can fill in this form and return it to us.)

To x.AI LLC, 1450 Page Mill Road, Palo Alto, CA 94304 U.S.A., legal@x.ai:

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Name of the consumer(s)
Address of the consumer(s)
Ordered on ()/received on ()
Signature of consumer(s) (only in case of paper communication)
Date

(*) Delete where inapplicable.

Limitation of Liability. The limitation of liability provided for in Section 13 does not apply to EU/UK-Consumers; instead, the following limitation of liability applies:  xAI's liability to you for damages caused by mere negligence, irrespective of its legal ground, shall be limited as follows: (a)  for any breach of a material contractual obligation, xAI will be liable up to the amount of foreseeable damages typically occurring for this type of contract; and (b) for a breach of any non-material contractual obligations nor for the merely negligent breach of any other applicable duty of care xAI will not be liable. The aforementioned limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory obligation, in particular to statutory obligation under applicable product liability laws, and any liability for death or personal injury caused by negligence. Additionally, such limitations of liability will not apply if and to the extent that xAI has made a specific guarantee. The foregoing exclusions and limitations of liability shall also apply to the same extent in favor of xAI's executive bodies, legal representatives, employees and vicarious agents.
Information regarding Warranty and Compatibility/interoperability. Section 13 is not applicable to EU/UK-Consumers. The Service, as a digital product, is subject to a statutory warranty for defects. xAI will inform and supply you with updates that are necessary to keep the Service in conformity during the relevant contractual term.
No Release; Indemnity. The release according to Section 10 and the indemnity obligations according to Section 11 of the Terms shall not be applicable to EU/UK-Consumers subject to these EU/UK-Specific Terms.
Changes to the Terms and the EU/UK-Specific Terms. Contrary to Section 17(2), with respect to EU/UK-Consumers, xAI may unilaterally make changes to these Terms (including the EU/UK-Specific Terms) only when it is necessary to do so, particularly as a result of changes of law or to ensure a better functionality of the Service. xAI shall take proportionate measures to notify Users of such changes to the Terms and when the changes will take effect on our websites and in our Apps. xAI will provide this notice at least 14 calendar days prior to the date on which the changes will take effect. However, if the change is particularly significant, xAI shall notify you of the changes at least one month in advance. If you do not agree to the amended Terms, you may object and must discontinue your use of the Service. If you do not object and continue to use the Service, you will be deemed to have acknowledged the amendment and agreed to be bound by it.

Texto alterado

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Terms of Service - Consumer
Effective: February 14, 2025  (previous version)
Welcome to xAI!
These Terms of Service (”Terms”) apply to your use of Grok and xAI’s other services for individuals, along with any associated software applications and websites (collectively, the “Service”).  These Terms form an agreement between you and X.AI LLC, a Nevada company (“xAI,” “we,” “our,” or “us”).  By using our Service, you agree to these Terms.
Please note:

We reserve the right to modify these Terms.
Our Enterprise Terms of Use govern the use of our services for developers and businesses, including xAI APIs and PromptIDE.
If you reside in the European Economic Area, United Kingdom, or Switzerland (collectively, “Europe”), your use of the Service is governed by the Europe Specific Terms below.
Please read our Privacy Policy, which describes how we collect and use personal information. Although it does not form part of these Terms, it is an important document you should read.  Another document that is helpful but not part of these Terms is our Consumer FAQs that give further information about our Service.

Who we are
xAI is a company working on building artificial intelligence to accelerate human scientific discovery. We are guided by our mission to advance our collective understanding of the universe.  As part of our mission, we have developed “Grok,” a conversational generative AI powered by xAI’s large language models.  For more information about xAI, please visit https://x.ai/.
xAI is a separate company from X Corp ("X", previously Twitter).
Registration and access
Minimum age.  You must be at least 13 years old or the minimum age required in your country to use the Service. To use the Service, you must confirm that you meet the minimum age requirement. If you are a teenager between the ages of 13 and 17 years old, you must have your parent or legal guardian’s permission to use the Service, and they must agree to our Terms of Service.  While we have taken measures to limit undesirable training data and outputs, the Service could produce output that is not appropriate for all ages.  Depending on how you choose to interact with the Service, the Service may respond with some suggestive dialogue, coarse language, crude humor, sexual situations, or violence.  We urge parents to exercise care in monitoring the use of the Service by their teenagers.
Registration.  You must provide accurate and complete information to register for an account to use our Service. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Logging in through a third-party service.  By choosing to login to our Service by using a third-party service, such as Google, Apple, or X, you give us permission to access, use, and store your information from that service, as permitted by that service, which may include log-in credentials and/or access tokens for that service.  If connecting to our Service using your X credentials, you may elect (opt-in) to bring your X user profile, X account and location information, X preferences, X post history (your X posts viewable on your X account including posts to and from all accounts (public or protected) that you can view), and your Grok in X conversation history to your xAI account.
Using our Service
What you can do.  Subject to your compliance with these Terms, you may access and use our Service.  You must comply with all applicable laws as well as our Acceptable Use Policy and any other documentation, guidelines, or policies we make available to you, including on our website.
What you cannot do.  You are prohibited from using our Service for any illegal, harmful, or abusive activity, including but not limited to:

Detrimentally impacting the Service, including by:

Modifying, copying, leasing, selling, distributing, reverse engineering, or decompiling our Service
Using the Service or any Output, to develop models or services that compete with xAI
Disrupting, interfering, or unauthorized access to the Service or its safety systems

Causing harm or engaging in abusive activity, including by:

Not complying with laws or regulations, including by:

Taking unauthorized actions on behalf of others
Operating in a regulated industry or region without complying with those regulations
Making high-stakes automated decisions that affect a person’s safety, legal or material rights, or well-being (such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about or for them)
Misleading others or not being transparent regarding your use of AI

Who the Service is not available to.

Anyone who violates these Terms, Acceptable Use Policy, other documentation, guidelines, or policies we make available to you.
Anyone who has been previously removed from the Service.

Third-party services and software.  Our Service may include or be integrated with third-party software, products, or services that are subject to their own terms.  Our software may include open source software that is governed by its own licenses.
Content
You own your Content. You may provide input to the Service (”Input”) and receive output from the Service based on the Input (”Output”).  Collectively, Input and Output are “Content.”  You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms.  You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service.  To the extent permitted by applicable law and as between you and xAI:  you retain your ownership rights to the Input, and you own the Output.  We ask that when using Output, that you attribute the Service as having generated the Output, as detailed in our Brand Guidelines on the xAI website.
Our use of Content.  You grant, an irrevocable, perpetual, transferable, sublicensable,  royalty-free, and worldwide right to xAI to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, aggregate, and display your Content): (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer and market research, developing new products or features, and identifying usage trends; and (iii) to perform such other actions to enforce these Terms, comply with our Privacy Policy, comply with applicable law, keep our Service safe, or as authorized by you in connection with your use of the Service.
Automated systems that analyze your use of the Service and Content may be used for safety and compliance purposes.  A limited number of our authorized personnel may review how you use the Service and your Content for specific business purposes, including improving model performance, investigating security incidents and potential misuse of our Services, and complying with our legal obligations.
Temporary Chat Content and Content that you request to be deleted is maintained on our backend systems for up to 30 days before deletion.
Accuracy.  Artificial intelligence is rapidly evolving and is probabilistic in nature; it may therefore sometimes result in Output that contains “hallucinations,” may be offensive, may not accurately reflect real people, places or facts, may be objectionable, inappropriate, or otherwise not be suitable for your intended purpose.
Similarity of content.  Due to the nature of artificial intelligence, outputs may not be unique and users may receive similar output from our Service.  Your rights to Output does not extend to other’s rights.
Connecting to third-party services.  Certain features of the Service may facilitate your ability to connect to a third-party service, such as X. If you choose to send your Content to such a third-party service, you are instructing and authorizing xAI to send your Content out of the Service. Please review the policies of any third-party service providers for additional information about how they may use those materials.
Electing whether your Content is used for training.  When logged into our Service, you can select whether or not you want us to use your Content to train our models and improve our services.   Where available, you may access our Service without logging in. When doing so, where permitted, you grant us the rights to use any data you provide to or obtain from our Service for model training purposes. Further details are available in the Privacy Policy and Consumer FAQs.
When you use our Service, you understand and agree that:

Beta technologies
We continue to add new models and other features, some which may be in beta testing where indicated; and you accept that they are provided “AS IS.”
xAI’s Intellectual Property Rights
We own our Service.  We and our affiliates own all rights, title, and interest in and to the Service.
Usage data relating to our Service. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer or market research; and (e) to share analytics and other derived Usage Data with third-parties, solely in de-identified or aggregated form.
Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other xAI products or services (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third-party, for any purpose whatsoever, although we are not required to use any Feedback.
Privacy and Data Security
Privacy. We care about your privacy.  By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or de-identified data as set forth in our Privacy Policy, and that your personal information will be transferred to, and/or processed in, the United States.
Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.  You will notify us immediately of any breach of security or unauthorized use of your User Account.
Paid accounts
Fees; Payments; Cancellation.
If you purchase any aspect of the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each periodic renewal until you cancel. We will charge tax when required. If your payment is not successful, we may downgrade your account or suspend your access to the Service until payment is received. You can cancel your paid subscription at any time; however, payments already made are non-refundable, except where required by law.
Price changes.  We may change our subscription prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Paid subscriptions through X.  X has a version of Grok that is available on the X platform that is not covered by these Terms.  If you chose to access Grok in X, you must also agree to the X Terms of Service.
Termination, suspension, discontinuation
Your choice to terminate. You are free to stop using our Service at any time and close your account.  See the Paid Accounts section above for details on payments already made.
Our choice to terminate.  We may terminate or suspend your access to our Service or delete your account at any time without notice to you if we determine, at our sole discretion, that:

No refund. If we terminate your access to the Services due to a violation of these Terms or our Acceptable Use Policy, you will not be entitled to any refund.
Appeals.  If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting support@x.ai.
Discontinuation of our Service.  We may decide to discontinue our Service.  If we do, we will provide you notice and any applicable refund for prepaid, unused services.
Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. XAI DOES NOT GUARANTEE THAT THE FUNCTIONS OR FEATURES OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS PROFESSIONAL ADVICE.
Indemnity
To the fullest extent permitted by law, you will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including xAI, the “xAI Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or xAI Intellectual Property Right; (d) your violation of any Applicable Law; (e) Input or any content that is submitted via your User Account, including, without limitation, any misleading, false, defamatory, or inaccurate information; (f) your willful misconduct; or (g) any third-party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s).
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF.  UNDER NO CIRCUMSTANCES WILL XAI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XAI OR ANY XAI INDEMNITEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY INPUT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights.
Copyright complaints
If you believe that your copyrighted work or other right to your work or image has been infringed and is accessible via the Service, please notify our copyright agent by following these instructions.  We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers at our sole discretion.
Written claims concerning copyright infringement must include all of the following information:

The above information must be submitted to our Copyright Agent at:
Attn: Legal - Copyright Agent, X.AI LLC, 1450 Page Mill Road Palo Alto, CA 94304 USA
Dispute resolution
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER THAT YOU CAN SEEK RELIEF FROM XAI.
You and xAI agree to the following mandatory arbitration and class action waiver provisions:
MANDATORY ARBITRATION.  You and xAI agree to resolve any claims arising out of or relating to these Terms or our Service, regardless of when the claim arose, even if it was before these Terms existed (a “Claim”), through final and binding arbitration (this “Arbitration Agreement”). You may opt out of arbitration within 30 days of account creation or of any updates to these Terms within 30 days after the update has taken effect by emailing us at legal@x.ai with your full, legal name and stating your intent to opt out of this Arbitration Agreement. If you opt out of an update, the last set of agreed upon Terms will apply.  Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
Dispute-Resolution Process. For any Claim, you will first contact us at legal@x.ai and meet and confer to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Arbitration Procedures then in effect for AAA (the “Rules”), except as provided herein. AAA may be contacted at www.adr.org, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted by videoconference, unless the Arbitrator determines it must be in person, in which case it will be conducted in the U.S. county where you live (if applicable) or Palo Alto, California, unless you and xAI agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Service or intellectual property infringement or misappropriation.
CLASS ACTION AND JURY TRIAL WAIVERS.  BY ENTERING INTO THESE TERMS, YOU AND XAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND XAI AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
General Provisions
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Governing Law. These Terms will be governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles.
Notification Procedures and Changes to these Terms. We may provide notifications, whether such notifications are required by applicable law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Service, as we determine, at our sole discretion.  When we change these Terms in a material manner, we will update the ‘Effective’ date at the top of this page. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
Entire Agreement; Severability. These Terms, together with any amendments and any additional written agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Contact. If you have any questions about these Terms and/or the Service, please contact us at support@x.ai.
Export Controls
U.S. Government Restricted Rights.  To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable.
Export Controls.  You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.
Mobile Apps
Additional Terms for Mobile Apps. To use any mobile App, you must have a mobile device that is compatible with such App. xAI does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. Mobile Apps may update automatically to ensure you are using the latest version.  We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof.  You consent to such automatic upgrading on your mobile device.
iOS App. This paragraph applies to any App you acquire from the Apple App Store (such App, “iOS App”). You and xAI understand and acknowledge that these Terms are solely between you and xAI, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to xAI as provider of the iOS App. You and xAI acknowledge that Apple is not responsible for addressing any claims of you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third-party’s intellectual property rights, xAI, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and xAI acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.
Android App. This paragraph applies to any App you acquire from the Google Play Store (such App, “Android App”): (a) you acknowledge that these Terms are between you and xAI only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) xAI, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.
EUROPE Specific Terms
Special Terms for Residents of the European Economic Area (EEA), United Kingdom (UK) or Switzerland ("Europe Specific Terms")
Definition of Consumer. For the purposes of these Europe Specific Terms "European Consumers" are individuals with a habitual place of residence in the EEA, UK or Switzerland acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
Order process. The order process allows you to check and amend any errors before submitting your registration. Please check your information carefully before confirming it, as once it is submitted we will begin processing it immediately. You are responsible for ensuring that your information is complete and accurate.  We will not file a copy of any contract formed between you and us.
Governing Law. These Terms and any action related thereto will be governed by the laws of the State of California, excluding its conflict of laws principles. If you are an European-Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
Venue of jurisdiction. The Section titled “Dispute Resolution” does not apply if you are a European-Consumer. As a European-Consumer, you may bring any dispute which may arise under these Terms or in connection with the use of the Service, at your discretion, in the applicable courts of the country in which you are habitually resident. We shall bring any dispute which may arise under these Terms or in connection with your use of the Service to the competent court of your country of habitual residence if that country is within the EEA, the UK or Switzerland.
Right of Withdrawal.  As an European-Consumer, you have the right to close your account and withdraw from this contract within 14 days of accepting them without giving any reason. The withdrawal period is 14 days and commences upon the conclusion of the contract. To exercise your right of withdrawal, you must inform us, X.AI LLC, 1450 Page Mill Road, Palo Alto, CA 94304 U.S.A., legal@x.ai, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or by email). You may use the Model Withdrawal Form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal.  If you withdraw from this contract and you have signed-up for a paid subscription, we must repay you all payments that we have received from you for the subscription term active at the time of your withdrawal notice, without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Please note this does not include an X Premium or X Premium+ account charges because that is not part of this Service. Please refer to the X Premium Terms of Use for further details of how to claim a refund for those charges.
Exceptions to the right of withdrawal.
The right of withdrawal does not apply to contracts:

for events which have been put together individually at your request and which are adapted to your personal need,
which we conclude with anyone or any entity other than a European Consumer,
which are not concluded exclusively using means of distance communication (e.g., e-mail, post).

Model Withdrawal Form. (If you wish to withdraw from the contract, you can fill in this form and return it to us.)

To X.AI LLC, 1450 Page Mill Road, Palo Alto, CA 94304 U.S.A., legal@x.ai:

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Name of the consumer(s)
Address of the consumer(s)
Ordered on ()/received on ()
Signature of consumer(s) (only in case of paper communication)
Date

(*) Delete where inapplicable.

Limitation of Liability. For European Consumers resident in the UK, the “Limitation of Liability” section above shall not apply and shall be replaced with the following:

Nothing in these Terms excludes or limits xAI’s liability for (1) death or personal injury caused by xAI’s negligence, (2) fraud or fraudulent misrepresentation, or (3) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
If xAI fails to comply with these Terms, xAI is responsible for loss or damage you suffer that is a foreseeable result of xAI’s breach of these Terms or xAI’s negligence, but xAI is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of xAI’s breach or if it was contemplated by you and xAI at the time that these Terms between you and xAI became binding.
xAI only supplies the Service under these Terms for domestic and private use. You agree not to use the Service for any commercial or business purposes and xAI has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

For European Consumers outside of the UK, the limitation of liability provided for in Section 13 does not apply. Instead, the following limitation of liability applies:  xAI's liability to you for damages caused by mere negligence, irrespective of its legal ground, shall be limited as follows: (a)  for any breach of a material contractual obligation, xAI will be liable up to the amount of foreseeable damages typically occurring for this type of contract; and (b) for a breach of any non-material contractual obligations nor for the merely negligent breach of any other applicable duty of care xAI will not be liable. The aforementioned limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory obligation, in particular to statutory obligation under applicable product liability laws, and any liability for death or personal injury caused by negligence. Additionally, such limitations of liability will not apply if and to the extent that xAI has made a specific guarantee. The foregoing exclusions and limitations of liability shall also apply to the same extent in favor of xAI's executive bodies, legal representatives, employees and vicarious agents.
Information regarding Warranty and Compatibility/interoperability. The Limitation of Liabilities Section is not applicable to European-Consumers. The Service, as a digital product, is subject to a statutory warranty for defects. xAI will inform and supply you with updates that are necessary to keep the Service in conformity during the relevant contractual term.
No Release; Indemnity. The Release Section and Indemnity Section of the Terms shall not be applicable to European-Consumers subject to these Europe Specific Terms.
Changes to the Terms and the Europe Specific Terms. Contrary to the above Procedures and Changes to these Terms Section above, with respect to European-Consumers, xAI may unilaterally make changes to these Terms (including the Europe Specific Terms) only when it is necessary to do so, particularly as a result of changes of law or to ensure a better functionality of the Service. xAI shall take proportionate measures to notify Users of such changes to the Terms and when the changes will take effect on our websites and in our Apps. xAI will provide this notice at least 14 calendar days prior to the date on which the changes will take effect. However, if the change is particularly significant, xAI shall notify you of the changes at least one month in advance. If you do not agree to the amended Terms, you may object and must discontinue your use of the Service. If you do not object and continue to use the Service, you will be deemed to have acknowledged the amendment and agreed to be bound by it.
Entire Agreement. The “Entire Agreement” Section above shall not apply to European-Consumers, save that the final sentence of that Section shall apply in relation to severability.
How to Contact Us.
You are entering into these Terms with X.AI LLC, a Nevada company with registered office at
X.AI LLC, 1450 Page Mill Road, Palo Alto, CA 94304 USA.  You can contact xAI with questions relating to these terms at: legal@x.ai

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