Incident #B1F373 · 10 SEP 2026major
X adds arbitration fallback, bans injunctive relief in arbitration, and extends waivers to SpaceXAI, Cursor, SpaceX
For users outside the EU, EFTA and UK, X's terms now include a binding arbitration clause that applies if the Texas court forum clause is unenforceable. It is confidential, individual-only, and bars the arbitrator from granting injunctive relief. The class action waiver now also covers a jury trial waiver and named affiliates (SpaceXAI, Cursor, SpaceX), and the state-law claim deadline becomes two years and one day. Users are also made responsible for autonomous actions taken on their behalf.
Taken from you
- Right to have a dispute heard in court if the Texas forum clause is found unenforceable: it now goes to confidential, individual arbitration
- Arbitrators cannot grant injunctive relief
- Right to a jury trial (where permitted by law)
- Each party bears its own arbitration costs and attorneys' fees, with fee-shifting for frivolous or bad-faith claims
- Responsibility for autonomous actions performed by features on your behalf
- Appeal rights against the arbitration award, which are waived
Won back
- EU/EFTA/UK users get an explicit statement that Irish law choice does not remove mandatory consumer protections of their home country
- Scraping ban now carries an exception where applicable law requires otherwise
Evidence · 4 of 4 quotes matched in source
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+ inserted · ✓ matched in source
except that the arbitrator shall be prohibited from granting injunctive relief.+ inserted · ✓ matched in source
WHERE PERMITTED BY APPLICABLE LAW, BY ENTERING INTO THESE TERMS, YOU AND X ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY+ inserted · ✓ matched in source
You are responsible for your use of the Services, including any features that perform autonomous actions, and for any Content+ inserted · ✓ matched in source
Archived version ↗ · 1,566 words changed