Bundled Subscription Terms of Service

Last Updated: October 7, 2026

These Bundled Subscription Terms of Service (“Subscription Terms”) govern your purchase, payment, renewal, cancellation, and refund rights when you purchase a paid subscription, feature, product, or other aspect of the Service, whether through a trial offer or through a one-time or recurring payment basis (each, a “Paid Service”). These Subscription Terms supplement the X-Subscription - Consumer Terms of Service (“Consumer Terms”) or the X Subscription - Grok Addendum, the X Subscription - Cursor Addendum (each a “Teams Terms”), as applicable, SpaceXSI Privacy Policy, Acceptable Use Policy, and any applicable Service Specific Terms. Capitalized terms not defined here have the meanings given in the Consumer Terms or the Teams Terms, as applicable.

By signing up, using, accessing, purchasing, or otherwise transacting with a Paid Service, you agree to be bound by these Subscription Terms, the Consumer Terms or Teams Terms, SpaceXSI Privacy Policy, Acceptable Use Policy, and any applicable Service Specific Terms. If you do not agree, do not purchase or use any Paid Service. To purchase, use, access, or otherwise transact with a Paid Service, you must be at least 18 years old or the age of majority in your jurisdiction, or have the express consent of your parent or legal guardian.

If you are purchasing on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to bind that entity, and “you” and “your” refer to that entity.

1. Contracting Entity

Your bundled subscription is sold to you by X Subscription Corp., with its principal office at 800 W Cesar Chavez St., Austin TX 78701, USA (“X Subscription Corp”). X Subscription Corp is the merchant of record for the purchase. Payment, billing, refunds, and collection and remittance of applicable transaction taxes, fees, and any other applicable charges are handled by X Subscription Corp. The services included in the bundled subscription are provided by the respective companies identified in the Consumer Terms or Teams Terms (each, a “Service Provider”). Your purchase contract for the bundled subscription is with X Subscription Corp only.

Use of each service is also subject to that Service Provider’s terms. Except as set out below or where a Service Provider’s terms separately govern use of its service after purchase, nothing in this section makes a Service Provider the seller of the bundle, the merchant of record, or the party that invoices you for the subscription price, fees, tax, or other applicable charges:

  • Top-Ups. If you use the Cursor Third-Party Components, as defined in the X Subscription Consumer Terms, the X Subscription - Grok Addendum, or the X Subscription - Cursor Addendum, as applicable, including purchasing use based credits for top-ups, or similar consumption-based additions to a Paid Service (“Top-Ups”), Anysphere, Inc. (“Anysphere”) is the seller and contracting entity for those Top-Ups. References to “SpaceXSI” in these Subscription Terms are deemed to refer to Anysphere with respect to Top-Ups, including payment, refunds, and cancellation. Top-Ups are non-refundable except as required by applicable law or as expressly provided in Section 7 or the applicable Regional Subscription Terms.
  • Legacy X Premium. If you hold an existing X Premium subscription administered by an X Contracting Entity, that subscription remains governed by the applicable terms at https://legal.x.com/purchaser-terms unless you purchase a new combined plan or merge to a SpaceXSI-administered plan, at which point these Subscription Terms and the applicable Service Specific Terms will govern.
  • Legacy Cursor Subscriptions. If you hold an existing Cursor subscription administered by Anysphere (e.g., Cursor Pro, Pro+, Ultra, or Teams), that subscription remains governed by your existing Consumer or Teams plan (“Cursor Legacy Terms”), unless you purchase a new combined plan or merge to a SpaceXSI-administered plan, at which point these Subscription Terms and the applicable Service Specific Terms will govern.

2. Changes to Subscription Terms, Paid Services, and Pricing

Changes to Subscription Terms. X Subscription Corp may revise these Subscription Terms from time to time, including for (i) a change in our services, for example due to technical, security-related or operational developments, (ii) the elimination of technical errors, (iii) a change in our business, for example due to policy, financial or other directional changes, (iv) a change in the legal situation, for example due to a change in the law, a request from an official agency, or a decision by a court, and (v) the optimization of the user experience through the implementation of new features. Changes will not be retroactive. The most current version, available at https://x.ai/legal/bundled-subscription-terms, will govern. If we make material revisions, we will notify you by service notification, email, or other reasonable means. Your continued use of any Paid Service after those revisions take effect constitutes acceptance. If you do not agree, you must cancel your Paid Service before the revisions take effect.

These Subscription Terms are written in English but may be made available in multiple languages through translations. We strive to make the translations as accurate as possible to the original English version. However, in case of any discrepancies or inconsistencies, the English language version of the Subscription Terms shall take precedence. You acknowledge that English shall be the language of reference for interpreting and constructing the terms of the Subscription Terms.

Changes to Paid Services. Paid Services may change from time to time including for (i) a change in our services, for example due to technical, security-related or operational developments, (ii) the elimination of technical errors, (iii) a change in our business, for example due to policy, financial or other directional changes, (iv) a change in the legal situation, for example due to a change in the law, a request from an official agency, or a decision by a court, and (v) the optimization of the user experience through the implementation of new features. The following shall not be considered as changes to the Paid Services within the meaning of this provision: (i) changes that affect the fundamental nature of the Paid Services and the essential characteristics of the service, and (ii) the permanent discontinuation of services. X Subscription Corp is not liable to you for any modification, suspension, or discontinuance of a Paid Service. Where legally required, the aforementioned limitation of liability does not apply (i) to the compensation for foreseeable damage in cases of slightly negligent breach of duties, insofar as their fulfillment is essential for the proper execution of the contract and users can rely on their fulfillment (essential contractual obligations), by X Subscription Corp or its legal representatives or vicarious agents, and (ii) the liability of X Subscription Corp for (a) a damage resulting from harm to life, body or health as well as for damages caused by intent or gross negligence on the part of X Subscription Corp, its legal representatives, or vicarious agents, and (b) a damage due to non-compliance with a guarantee or warranted characteristic or as a result of a fraudulently concealed defect. The specific terms and conditions (included below) for the specific Paid Service specify how you can cancel a subscription or, when applicable, seek a refund. Product-specific details, including available features and functionality, are described in the applicable Service Specific Terms.

Changes to Pricing. Prices for Paid Services, including recurring subscription fees, are subject to change from time to time due to change in the costs relating to operation, maintenance, technical provision, business considerations, and fees charged by third parties or statutory fees, at our reasonable discretion. X Subscription Corp will provide reasonable advance notice of any material price change. For subscriptions, price changes take effect at the start of the next subscription period following the change. If you do not agree with a price change, you may cancel before it takes effect; your continued use of the Paid Service will be relied on as your acceptance of the change.

3. Payment Terms

X Subscription Corp offers various payment options that may vary by Paid Service, device, operating system, geographic location, or other factors. Available payment methods may include Apple in-app purchase, Google in-app purchase, Stripe (stripe.com), X Payments, or other third-party payment processors that X Subscription Corp may make available from time to time (each, a “Payment Processor”).

When you make a payment, you explicitly agree: (i) to pay the price listed for the Paid Service, along with any additional amounts relating to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations; and (ii) to abide by any relevant terms of service, privacy policies, or other legal agreements or restrictions (including additional age restrictions) imposed by Google, Apple, or Stripe and X Payments LLC (as X Subscription Corp's third party payment processor) in connection with your use of a given payment method (for example only, if you choose to make your payment via Apple’s in-app purchasing functionality, you agree to abide by any relevant terms, requirements, and/or restrictions imposed by Apple).

Prices may be shown exclusive or inclusive of tax, as required by law. Where transaction taxes (including sales tax, use tax, VAT, GST, or similar) apply to your purchase, X Subscription Corp will calculate, charge, collect, and remit those taxes to the competent authorities, based on the information associated with your account and the tax treatment of the bundle. You are responsible for providing accurate billing and tax information. X Subscription Corp does not collect or remit taxes that apply solely to a Service Provider’s own income or that arise from a separate purchase you make directly from a Service Provider. Depending on your location, X Subscription Corp may be responsible for collecting and reporting information related to transaction taxes arising from your purchase of Paid Services.

You grant X Subscription Corp permission to provide your account and personal information to relevant tax authorities to fulfill our tax collection and reporting obligations. Any private personal data that you provide in connection with your use of the Paid Services including, without limitation, any data provided in connection with payment, will be processed in accordance with the SpaceXSI Privacy Policy. X Subscription Corp may share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit cards, debit cards, ACH, or other payment methods.

It is your responsibility to make sure your banking, credit card, debit card, and/or other payment information is up to date, complete and accurate at all times. If you make a payment for a Paid Service, we may receive information about your transaction such as when it was made, when a subscription is set to expire or auto-renew, what platform you made the purchase on, and other information. X Subscription Corp will not be responsible or liable for any errors made or delays by a payment processor, Apple’s App Store or the Google Play Store, your bank, your credit card company, and/or any payment network.

Third-Party Distributors. If you purchase a Paid Service through an app store or other distributor, that distributor’s terms govern payment methods, billing, cancellation, and refunds administered by that distributor. These Subscription Terms and any applicable terms otherwise continue to apply to your use of the Paid Service.

Payment Collection. X Subscription Corp and its affiliates (entities controlling, controlled by, or under common control with X Subscription Corp) may appoint one another as payment collection agents. You authorize any appointed affiliate to charge your approved payment method, process payments and refunds, and share payment information with X Subscription Corp for those purposes. Payment to an appointed affiliate satisfies your corresponding payment obligation to the entity providing the applicable Service. The collecting affiliate may be identified at checkout, on an invoice or receipt, or on your payment statement.

You are responsible for ensuring that your payment information is current, complete, and accurate. X Subscription Corp is not responsible or liable for errors or delays caused by any Payment Processor, your bank, credit card company, or payment network.

All Transactions Are Final. All payments for Paid Services are final and not refundable or exchangeable, except as required by applicable law or specified in the Service. We make no guarantee as to the nature, quality, or value of a Paid Service or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used Paid Service (for example, a partially used subscription period), except as required by applicable law or specified in the Service.

4. Subscriptions: Auto-Renewal and Billing

If you purchase a subscription-based Paid Service, you authorize recurring payments in advance at the applicable subscription fee. When you subscribe to a Paid Service you expressly agree that you are authorizing recurring payments, and that payments will be made by the payment method you have selected until the applicable subscription is canceled by you or by X Subscription Corp. Your subscription will automatically renew at the end of each subscription period unless you cancel in accordance with Section 6. Your payment method will be automatically charged at the start of each renewal period. Mobile renewal processing dates may vary by up to 3 days.

If your payment is not successful, we may downgrade your account or suspend your access to the Paid Service until payment is received. If you provide new payment information and are successfully charged, your subscription period will be based on the original renewal date and not the date the successful charge took place. There are no refunds or credits for any partial subscription periods, including in a situation where certain features, benefits and/or services are modified or discontinued. SUBSCRIPTION PLANS ARE PREPAID, NON-REFUNDABLE (UNLESS REQUIRED BY LAW), AND AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS THE SUBSCRIPTION IS CANCELLED FOLLOWING THE CANCELLATION PROCEDURES BELOW.

5. Upgrading and Downgrading

Information about upgrading and downgrading your subscription can be found at https://docs.x.ai/x-subscription/upgrade-or-downgrade. No refund or pro-rated amount may be provided for upgrade or downgrade unless required by applicable law or if otherwise specified in the Service or https://docs.x.ai/x-subscription/upgrade-or-downgrade. Upgrade and downgrade mechanics may vary by Payment Processor.

6. Cancellation

How You May Terminate Your Access to Paid Services. You may cancel your Paid Service subscription at any time. The method of cancellation depends on your Payment Processor:

  • Apple in-app purchase: Cancel via the Apple App Store.
  • Google in-app purchase: Cancel via the Google Play Store.
  • Stripe or web purchase: Cancel through your account settings.

Regardless of payment method, your subscription automatically renews unless you cancel at least 24 hours before the end of the current subscription period. Upon cancellation, your Paid Service will remain active through the end of the current period. You will not receive a refund or credit for any remaining days, except as set forth in Section 7 or as required by applicable law.

Why X Subscription Corp Might Terminate Your Access to Paid Services. X Subscription Corp may suspend or terminate your access to one or more Paid Service(s), cease providing you with all or part of a Paid Service, or take any other action it deems appropriate at any time for any or no reason (without any liability and unless prohibited by law), including when:

a. X Subscription Corp believes, in its sole discretion, that your use of the Paid Service(s) may violate any applicable laws, the Subscription Terms, the Consumer Terms, the Teams Terms and/or any applicable Service Specific Terms;

b. X Subscription Corp is requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency;

c. X Subscription Corp has unexpected technical or security issues;

e. X Subscription Corp believes, in its sole discretion, you are engaging in manipulation, fraud, gaming, or other disruptive or prohibited conduct generally or in connection with the Paid Services;

f. You create risk or possible legal exposure for X Subscription Corp;

h. Your account has been inactive; or

i. Our provision of the Paid Services (in whole or in part) is no longer commercially viable (in X Subscription Corp's sole discretion).

7. Refunds

All payments for Paid Services are final and non-refundable except as required by applicable law, or as expressly provided in this Section 7 or the applicable Regional Subscription Terms below.

Upon termination of the Service by X Subscription Corp under circumstances described in Section 9 (Termination, Suspension, Discontinuation) of the Consumer Terms, you will not be entitled to a refund except where required by law. If X Subscription Corp discontinues a Paid Service, X Subscription Corp will provide notice and any applicable refund for prepaid, unused services.

8. Promotions and Trials

X Subscription Corp may offer promotional pricing or free trial periods for Paid Services. Promotions are subject to these Subscription Terms and any additional terms disclosed at sign-up. At the end of a promotional or trial period, your subscription will automatically renew at the standard subscription fee unless you cancel before the end date of the promotion or trial.

9. Non-Transferability

Each Paid Service purchase applies to a single set of unified accounts only only. Your purchase applies solely to the account(s) you used when purchasing the Paid Service, and does not apply or transfer to other accounts you may have, access, or control. If you have or control additional accounts and you want access to Paid Services on such additional accounts, you must purchase the Paid Service on each set of unified accounts individually.

10. Restrictions

You may only purchase and use a Paid Service if you are legally allowed to use the Paid Service in your country and you live in a country supported by X Subscription Corp for the applicable Paid Service. X Subscription Corp may, in its discretion, restrict the ability to access or purchase a Paid Service in certain geographies. X Subscription Corp reserves the right to modify the list of supported countries from time to time.

X Subscription Corp reserves the right to refuse Paid Services transactions or to cancel or discontinue the sale or use of a Paid Service.

You may not allow others to use your account to access any Paid Service.

You agree not to use, access, or provide others access to a Paid Service, and not to export or re-export the Service or User Content: (a) in, from, or for the benefit of any country or territory subject to comprehensive U.S. trade or economic embargoes; or (b) for the benefit of any person or entity on the OFAC Specially Designated Nationals and Blocked Persons List, the BIS Entity List, or any other applicable restricted-party list.

You represent, warrant, and agree that: (a) you are not located in, organized under the laws of, or a national or resident of any country or territory subject to comprehensive U.S. trade or economic embargoes; and (b) neither you nor any person to whom you make the Service available is a person or entity on a restricted party list or owned or controlled by such a person or entity.

YOU REPRESENT THAT YOU WILL USE THE PAID SERVICES ONLY FOR LAWFUL PURPOSES AND ONLY IN ACCORDANCE WITH THE TERMS.

11. Precedence

In the event of a conflict: (a) these Subscription Terms govern solely with respect to purchasing, payment, renewal, cancellation, refunds, and subscription administration of the Paid Service; (b) Service Specific Terms govern with respect to service-specific functionality for the applicable Paid Service; and (c) Regional Specific Terms (whether in the Consumer Terms or below) govern to the extent required by applicable law. In all other respects, the Consumer Terms or Teams Terms apply.

12. General

Contact Information. If you have any questions about the Paid Services or these Terms, you can find more information on the Paid Services Help Center for more details or contact us at support@x.ai. The disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions of the Consumer Terms or Teams Terms (or any other applicable terms as provided in Section 1 of this Subscription Terms) apply to your use of any applicable Service. These Subscription Terms do not create separate or additional liability, warranty, or dispute resolution obligations beyond those in the Consumer Terms or Teams Terms (or any other applicable terms as provided in Section 1 of this Subscription Terms).

DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PAID SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PAID SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. X SUBSCRIPTION CORP DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. X SUBSCRIPTION CORP MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PAID SERVICES; AND (II) WHETHER THE PAID SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ARE RESPONSIBLE FOR YOUR USE OF THE PAID SERVICES.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE X SUBSCRIPTION CORP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PAID SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY POSTED THROUGH THE PAID SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PAID SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. FOR THE AVOIDANCE OF DOUBT, THE DEFINITION OF PAID SERVICES IS LIMITED TO THE FEATURES OFFERED BY X SUBSCRIPTION AND DOES NOT INCLUDE ANY CONTENT YOU ACCESS AND/OR INTERACT WITH IN USING THOSE FEATURES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE X SUBSCRIPTION CORP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID X SUBSCRIPTION CORP, IF ANY, IN THE PAST SIX MONTHS FOR THE PAID SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE X SUBSCRIPTION CORP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE “X SUBSCRIPTION CORP ENTITIES” REFERS TO X SUBSCRIPTION CORP, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS.

APPLICABLE LAW IN YOUR JURISDICTION MAY NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITY. TO THE EXTENT REQUIRED BY APPLICABLE LAW IN YOUR JURISDICTION, THE ABOVE DOES NOT LIMIT THE X SUBSCRIPTION CORP ENTITIES’ LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, AND/OR INTENTIONAL CONDUCT. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE X SUBSCRIPTION CORPENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY NON-EXCLUDABLE WARRANTIES IS LIMITED TO ONE HUNDRED US DOLLARS (US$100.00).

13. Dispute Resolution

Class Action and Jury Trial Waiver. WHERE PERMITTED BY APPLICABLE LAW, BY ENTERING INTO THESE TERMS, YOU AND X SUBSCRIPTION CORP 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. TO THE EXTENT PERMITTED BY LAW, YOU ALSO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION PROCEEDING AGAINST OUR CORPORATE AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY X, CURSOR, SPACEX, OR SPACEXSI ENTITY.

Governing Law; Jurisdiction and Venue; Arbitration. Unless prohibited by your country’s applicable law, the laws of the State of Texas, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us, notwithstanding any other agreement between you and us to the contrary.

Notwithstanding any other agreement to the contrary, unless prohibited by your country’s applicable law, all disputes related to these Terms shall be brought and must proceed exclusively in the federal U.S. District Court or the state courts located in Wichita County or Tarrant County, Texas, United States, and you and we consent to personal jurisdiction in those forums and waive any objection as to inconvenient forum.

If, for any reason, the forum selection clause in the above paragraph is deemed unenforceable as to your dispute, then you and we agree to binding arbitration of the dispute administered by the American Arbitration Association before an arbitrator who shall be a retired federal district or appellate court judge. The arbitration shall be conducted in the English language in Tarrant County, Texas, except as required by law. The arbitrator shall have the authority to grant any provisional or permanent remedy or relief that would be available from a court of competent jurisdiction, except that the arbitrator shall be prohibited from granting injunctive relief. The arbitrator’s award shall be final and binding, and the parties waive any right to appeal the award to the maximum extent permitted by law. Except as required by law, the arbitration shall be confidential and neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. Except as required by law, each party shall bear its own costs of the arbitration, including attorneys’ fees, unless the arbitrator determines that a party’s claims or defenses were frivolous or brought in bad faith, in which case the arbitrator may award costs and reasonable attorneys’ fees to the prevailing party.

The parties agree that any arbitration shall be conducted on an individual basis only, and not as a class, collective, or representative action. The arbitrator shall have no authority to consolidate claims or to preside over any form of class, collective, or representative proceeding.

For the avoidance of doubt, the choice of law, forum selection, and arbitration provisions of this section shall apply regardless of whether a dispute or any claims contained therein are based in contract, tort, statute, common law, or otherwise, and the choice of law, forum selection, and arbitration provisions of this section shall apply to pending and future disputes and shall apply to your dispute regardless of when the conduct relating to the dispute arose or occurred. The choice of law, forum selection, and arbitration provisions of this section shall also extend to disputes involving our corporate affiliates, including but not limited to any X, Cursor, SpaceX, or SpaceXSI entities, who are intended third-party beneficiaries of this paragraph and who also consent to jurisdiction and venue in the courts specified in this section and to the arbitration provision in this section.

Nothing in this section limits non-waivable consumer rights or a consumer’s right to bring proceedings in the courts of their habitual residence where applicable law so requires.

If you are a federal, state, or local government entity in the United States using the Service in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).

Limitations Period. You and X Subscription Corp agree that you must initiate any proceeding or action asserting a federal claim within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute that is arising out of or related to these Terms or the Service, or if such limitation period is unenforceable under applicable law, then the shortest limitation period permitted by applicable law. You and X Subscription Corp agree that you must initiate any proceeding or action asserting a state law claim within two (2) years and one day of the date of the occurrence of the event or facts giving rise to a dispute that is arising out of or related to these Terms or the Service. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred.

Regional Subscription Terms for Subscribers under the Consumer Terms

European Economic Area (EEA), United Kingdom (UK), or Switzerland Residents (“European Consumer”)

If you are a consumer resident in the EEA, UK, or Switzerland:

  • EST Right of Withdrawal. As a European Consumer, you have the right to close your account and withdraw from this contract within 14 days of entering into the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement sent to support@x.ai and include the following information: Full legal name, login/user name (e.g., email and/or X user name), residential address, date of order/subscription, date submitting withdrawal. You may use the Model Cancellation Form below, but it is not obligatory.

Model Cancellation Form

[Complete and return this form only if you wish to cancel your Subscription Service]

To: X Subscription Corp, 800 W Cesar Chavez St., Austin TX 78701, USA, and

Email: support@x.ai.

I/We hereby give notice that I/We cancel my/our Subscription Service:

  • Service ordered on / received on: _______________
  • Name of Consumer(s): _______________
  • Email address of Consumer(s): _______________
  • Address of Consumer(s): _______________
  • Signature of Consumer(s) (only if submitted on paper): _______________
  • Date: _______________
  • EST Consequences of Exercising Right of Withdrawal. If you withdraw from this contract and you have signed up for a paid subscription, we will repay you for payments that we verify have already been received by us from you for the subscription term active at the time of your withdrawal notice, less the prorated value of your subscription up to the date of your withdrawal notice, 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.

Brazil, Mexico, South Korea, and Taiwan Residents

If you are a consumer resident in Brazil, Mexico, South Korea (Republic of Korea), or Taiwan:

  • Cancellation Rights. You have 7 days in Brazil, Mexico, South Korea (Republic of Korea), or 5 days in Taiwan, from the date of purchase to cancel your Paid Service subscription without giving a reason. To cancel, submit a clear statement through the Service or by contacting support@x.ai before the cancellation period expires.
  • Reimbursement. If you cancel within the applicable cancellation period, X Subscription Corp will reimburse all payments received for the cancelled subscription without undue delay, and not later than 14 days after being informed of your cancellation. Reimbursement will use the same payment method as your original transaction. If you used the Paid Service during the applicable cancellation period, X Subscription Corp may retain an amount proportional to what was provided before cancellation.
  • No Reset. The cancellation period does not reset if you change subscription tiers or cancel and resubscribe.

Consumer Complaints for Users Living in Indonesia.

Complaints may be submitted by consumers in Indonesia to the Ministry of Trade at https://www.lapor.go.id/instansi/kementerian-perdagangan.

Directorate General of Consumer Protection and Trade Compliance (Direktorat Jenderal Perlindungan Konsumen dan Tertib Niaga). Ministry of Trade of the Republic of Indonesia (Kementerian Perdagangan Republik Indonesia) Whatsapp: 0853 1111 1010.

California Residents

If you are a California consumer 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.

Australian Residents

If you are a consumer in Australia, the applicable Australian consumer laws provide you with consumer guarantees covering the Paid Service that cannot be excluded by contract.

Contact

For questions about Paid Services, payments, or cancellation, contact support@x.ai.