Privacy policy

Effective date: 2023-11-04

At X.AI Corp. ("xAI", "our", "us" or "we"), we value your privacy and are committed to being fair, accountable, and transparent in how we handle your personal information. Our Privacy Policy outlines how we collect and use your personal information, including what information we may use to train our models, our responsibilities, and the rights you have when you use our Services.

Remember that your use of our Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

Please also note that this Privacy Policy does not apply if we process your personal information for or on behalf of a third party (for example, where we process your personal information at the direction of one of our enterprise customers). In that case, the enterprise customer's privacy policy or other agreement between you and them, and not this Privacy Policy, would apply to such processing. If you wish to discontinue such processing or otherwise exercise your rights with respect to such personal information, please contact the enterprise on whose behalf we are processing such data.

1. Collection of your personal information

Personal information you provide us:

  • Account Information: When you leverage your existing X Corp ("X") credentials to create an account with us, X shares the following information with us at your direction: Twitter/X handle/username; your publicly visible name on X; numeric Twitter ID; the URL to the your profile picture; and whether or not you are subscribed to X Premium.

  • Payment Information: We may collect payment card information directly from you and details regarding your transactions with us.

  • Contact Details: If you communicate with us we may collect your name, contact details, and any other information you voluntarily choose to provide us.

  • Usage Data: Any other information that you actively provide to us via the Services, including any personal information included in your input, file uploaded by you, or any feedback from or related to our models.

Personal information you actively provide through the use of our Services, (collectively, "Technical Usage Data"):

  • Device Information: Technical information such as your IP address, device type, country from which you access, browser type and version, browser plug-in types and versions, operating system.

  • Analytics: Information about your use such as page clicks, time and length of visits, pages visited, traffic data, location data, weblogs and other communication data.

  • Cookies: Some pages on our website use cookies and other tracking technology to offer you a more tailored experience by understanding and remembering your particular browsing preferences. Where we use cookies on our website, you may block these at any time.

2. How we use your personal information

We may use your personal information for the following purposes:

  • To provide, maintain, analyze, and improve the usage of our Services, including providing support and assistance for the Services.

  • To train our models, but only with the Usage Data you voluntarily choose to provide to us. For clarity, we do not train our models using your Account Information, Payment Information, Contact Details, or Technical Usage Data.

  • To communicate with you, deal with and respond to your enquiries and system queries, and tailor how our Services respond to you (including personalization of results).

  • To ensure the security of our Services by preventing and detecting fraud, unauthorized use and other unlawful use of our Services.

  • To keep a record of your consent and to manage your data subject rights requests.

  • To allow us to take payment for access to certain aspects of our Services.

  • To develop and market the new and current products and services.

  • To meet our legal requirements, including:

  • To fulfill our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

  • To protect the rights, property or safety of you, xAI, or another party, and to resolve disputes.

  • To perform and enforce our contractual obligations, including the creation, adherence, and execution of the purchase agreement for the products, items, or services you have bought, or any other contract made with us through the Services.

We may anonymize, aggregate, and report and statistics about users of our website or our Services for the purpose of internal reporting, reporting to our affiliates, or reporting to other third parties, and for our marketing and promotion purposes. None of these anonymized, aggregated reports or statistics will enable our users to be personally identified.

3. Disclosure of personal information

Any third parties with whom we share your personal information are limited (by law and by contract) in their ability to use your personal information. We will always ensure that any third parties with whom we share your personal information are subject to privacy and security obligations consistent with applicable laws.

  • Vendors and service providers: To assist in providing the Services to you or performing business operations we may provide your personal information to vendors and service providers including hosting services, cloud services, web analytics, payment processors, sub-contractors, insurers, among others.

  • Business transfers: All of your personal information that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

  • Legal requirements: We may share personal information that we collect with third parties in conjunction with any of the activities set forth under the "To meet our legal requirements" section above. This may include exchanging personal information with other organizations for the purposes of fraud protection.

  • Affiliates: We may disclose personal information to our affiliates, meaning an entity that controls, is controlled by, or is under common control with xAI.

Save as expressly detailed above, we do not share, sell or rent any of your personal information to any third party and will not do so without updating this policy, notifying you, or, where necessary, obtaining your consent.

4. Your rights

Depending on where you are based and subject to applicable legal exceptions you may have certain rights in relation to your personal information. For example you may have the right to:

  • Right of access. You have a right to access specific pieces of personal information we hold about you. You can ask us for a copy of your personal information; confirmation as to whether your personal information is being used by us; details about how and why it is being used; and, details about the parties with whom it has been shared and the business or commercial purpose for such sharing.

  • Right to update your information. You have a right to request an update to any of your personal information which is out of date or incorrect.

  • Right to delete your information. You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances.

  • Right to restrict use of your information: You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances.

  • Right to data portability: You have a right to ask us to provide your personal information to a third party provider of services.

  • Right to object. You have a right to ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our or another person's legitimate interest.

You can exercise some of these rights through your xAI account but if you are unable to do so please contact us at [email protected]. We will consider all such requests and provide our response within a reasonable period and in any event within the period allowed under applicable law. Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.

If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.

5. How we keep your personal information secure and retention

xAI is committed to protecting your personal information from loss, theft and misuse. We take reasonable precautions to safeguard the confidentiality of your personal information, including through use of appropriate organizational and technical measures.

In the course of provision of your personal information to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, the transmission of information over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your personal information transmitted to our website and that any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorized access to it.

We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time for which we retain personal information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

6. Links to other websites

Our Services may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of such third-party websites or any association with their operators. This Privacy Policy only applies to the personal information that we collect or which we receive from our third parties as detailed in this Privacy Policy, and we cannot be responsible for personal information about you that is collected and stored by third parties. Third party websites have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal information to these websites. We do not endorse or otherwise accept any responsibility or liability for the content of such third party websites or third party terms and conditions or policies.

7. Children

As noted in the Terms of Use, our Services are not directed at children or minors under the age of 18 and we do not knowingly collect any personal information from them.

If you are a child under the age of 18, please do not attempt to register for or otherwise use our Services. If we learn that we have inadvertently obtained personal information about a child under the age of 18 via our Services, or from any other source, then we will delete that information as soon as possible.

Please contact us at [email protected] if you are aware that we may have inadvertently collected personal information from a child under the age of 18.

8. Marketing

We do not collect and use your personal information for marketing purposes and do not share your personal information with third parties for the purpose of marketing.

9. International

By using our Services, you understand and acknowledge your personal information will be used, stored and/or accessed by us (an entity based in the United States) and disclosed to our service providers in other jurisdictions.

If you are based in the UK or EEA, our legal basis for processing your personal information include:

  • Performance of a Contract: We process your Account Information, Payment Information, Contact Details, Usage Data, and Technical Usage Data to provide you our Services under our Terms of Use. If you do not provide this information we cannot provide services to you.

  • Legitimate Interests (running, developing, and improving our Services and our business in furtherance of the legitimate interest of us or third parties): We may process your Account information, Contact Details, Usage Data, and Technical Usage Data. We may also deidentify or anonymize personal information to further our legitimate interests.

  • Consent: In some cases, we process personal information based on the consent you expressly grant to us at the time we collect such data. When we process personal information based on your consent, it will be expressly indicated to you at the point and time of collection.

  • Other Processing Grounds: From time to time we may also need to process personal information to comply with a legal obligation, if it is necessary to protect the vital interests of you or others, or if it is necessary for a task carried out in the public interest.

We provide any personal information about you to any non-UK and non-EEA third party, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy. These measures may include the following:

  • Ensuring that there is an adequacy decision by the UK Government in the case of transfers out of the UK, or by the European Commission in the case of transfers out of the EEA, which means that the recipient country is deemed to provide adequate protection for such personal information including reliance on the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce; or

  • Where we have in place standard model contractual arrangements with the recipient which have been approved by the European Commission for transfers outside the EEA or the UK Government (for transfers out of the UK).

Further details on the steps we take to protect your personal information, in these cases, are available from us on request by contacting us by email at [email protected] at any time.

Complaints: If you are based in the UK or EEA, you may also make a complaint to the Information Commissioner's Office, or the data protection regulator in the country within the EEA where you usually live or work, or where an alleged infringement of applicable data protection laws has taken place. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.

10. Additional Information for Users based in the U.S.

This chart provides additional details regarding the categories of personal information that we collect and have collected over the past 12 months. Please refer to the sections above regarding how we collect your personal information, how we use your personal information, and how we disclose your personal information for further detail.

Category of Personal Information

Categories of Third Parties With Whom We Share this Personal Information
Identifiers, including Account Information we receive when you log into our platform and Contact Details you provide to us Service providers, analytics partners, and parties you authorize, access or authenticate.
Payment Information, to facilitate your transactions with us Service providers.
Commercial information, such as records of your transaction history Service providers, analytics partners, and parties you authorize, access or authenticate.
Device information, including your Technical Usage Data. Service providers, analytics partners, and parties you authorize, access or authenticate.
Web analytics, including your Technical Usage Data. Service providers, analytics partners, and parties you authorize, access or authenticate.
Photos, including as provided in the Account Information we receive when you log into our platform Service providers, analytics partners, and parties you authorize, access or authenticate.
Other identifying information that you voluntarily choose to provide, including in the form Usage Data, emails, letters, texts, or other communications you send us Service providers, analytics partners, and parties you authorize, access or authenticate.

We do not collect or process sensitive personal information with the purpose of inferring any characteristics about you and have not "sold" or "shared" (as those terms are defined under U.S. privacy laws) personal information.

In addition to the rights detailed above, depending on what law applies and subject to certain exceptions you may also have the following rights and:

  • The right to submit certain privacy requests through and Authorized Agents

  • The right to request deletion of your personal information

  • The right to be free from discrimination for exercising the rights afforded to you under applicable privacy laws

Exercising your rights: Some of these rights may be exercised in the xAI service but others you will need to submit a request to [email protected].

Verification: In order to protect your personal information, your ability to exercise some of the rights detailed in this Privacy Policy may be subject to your ability to verify that you are the person about whom your request pertains. If you have an account, we may require you to verify your identity by validating your account credentials. If you do not, or we suspect fraudulent or malicious activity, we may ask you to supply additional information to allow us to verify your identity.

Authorized Agents: To exercise your rights using an Authorized Agent (as defined under applicable law). To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Appeals: The right to appeal a decision we make. If we refuse to take action on a request within a reasonable period of time after receiving your request you may appeal our decision by emailing us at [email protected]. In such an appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under applicable law.

Do Not Track Please note that because the effect of "Do Not Track" signals remains unclear, and there continues to be no consistent industry understanding of how to respond to such a signal, we do not alter our privacy practices when we detect a "Do Not Track" signal from your browser.

12. Changes to our Privacy Policy and further questions

We may update our Privacy Policy from time to time. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

If you have any queries or complaints about our collection, use or storage of your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact [email protected].