By participating in the Program (if you are approved by X) or otherwise indicating your acceptance (for example, by agreeing to these Terms when applying to the Program, etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. By accepting these Terms, you further consent to X’s use of the data that you provide, we collect about you, or we infer about you to consider your acceptance to the Program. If you do not agree, do not participate in the Program.

The Program lets you share in the revenue from engagement with your content on X. Payments to you are made through our Payment Processor if the revenue from engagement reaches a certain threshold during our periodic payout schedule. X may amend or cancel the Program at any time in its sole discretion, including for business, financial, or legal reasons.

The eligibility requirements for the Program can be found in our Help Center, and may change from time to time, including for any business, financial, or legal reasons. To join the Program, for example, you must:

• be in a supported country,

• have an X account in good standing with no history of repeatedly violating the X User Agreement,

• be subscribed to an eligible X Premium, Premium Business, or Premium Organizations tier (which may change from time to time at X's sole discretion), and
• maintain your account as set forth in the Help Center.

Additionally, prior to payout, you must complete identity verification. Please also see the Payments section below for payment details. If your account does not meet an eligibility requirement or violates the X User Agreement, you will have an opportunity to appeal. If you do not appeal or we reject your appeal, you will be ineligible to join the Program. X reserves the right to reject applications at its sole discretion, including for business, financial, or legal reasons.

If you wish to cancel your participation from the Program, you can do so by following the steps to cancel via the Help Center. Upon cancellation, you will be paid your remaining funds above the minimum amount set forth in the Help Center. You waive your right to all other funds.

Please note that employees of X and our Services and Corporate Affiliates are ineligible for participation in the Program, unless otherwise pre-approved by authorized personnel of X.

Your share of the revenue from this Program is not transferable between X accounts.

Your participation in the Program must not violate any applicable laws, rules or regulations. You are solely responsible for any violation by you or your account of any applicable laws, rules or regulations. We may impose additional limits based on anti-money laundering, sanctions, or anti-fraud laws or policies, including, without limitation, we may block any transaction we determine to be, but not limited to, fraudulent, illegal activity, or potentially fraudulent or illegal activity. We may withhold, in our sole discretion, from our calculation any activity that we believe were due to any breach of the X User Agreement or that we believe may involve a violation of any law and/or any revenue generated from content from any blocked transactions. You may not participate in the Program if you are a person with whom U.S. persons are not permitted to have dealings pursuant to economic sanctions, including, without limitation, sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority (“Prohibited Person”). This includes, without limitation, persons located in, or a citizen of, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Crimea Region of Ukraine, North Korea, and Syria. You represent and warrant that you are not a Prohibited Person. You may not participate in the Program if you work for a government institution, are an elected official, are a political party, or engaged in any election-related activity.

Violation of any of the above rules and restrictions may lead to termination of your participation in the Program and/or your eligibility to receive any share of the revenue.

The payment is based on impressions from Premium users with your content on X. We reserve the right at any time to modify how our payment calculation is structured, including, for example, adding or removing revenue types, for any reason, including business, financial, or legal reasons. You agree and acknowledge that your content is eligible to be boosted under the terms of the Boosted Program and that any impressions as a result of your content being boosted are excluded in the calculation of any payments under the Program. Please see the Help Center for the most updated information.

Payouts are paid net of any Payment Processor processing fees. If you are found to artificially inflate the number of views on your posts through promoted post, manual, automated, or other means, or manipulate the platform to alter the views on your posts, you will forfeit any amount due to you and you will be terminated from the Program. If at any point X finds content to be manipulated, including, for example, using bots or other automated means, or artificially inflated, X reserves the right to adjust any future payments or to suspend payment or your account(s).

Once you earn more than the minimum amount set forth in the Help Center (the "Minimum Payment Threshold"), you are entitled to transfer the money from your Payment Processor account into your external bank account. Accounts that fall below the impressions threshold will remain in the Program and will not be removed from the Program but funds accrued below the minimum amount set forth in the Help Center will not be paid out.

X reserves the right to issue payouts to you at any cadence in its sole discretion, including for business, financial, or legal reasons.

X uses a payment processor (“Payment Processor”) to make its payments to you. To be part of the Program, you will first need to create an account with the Payment Processor who will require you to meet certain identity verification requirements, such as providing proof of identity and/or residence. If you provide the Payment Processor an address outside of the State of California, you verify that you perform the services under these Terms outside of the State of California. You will also be required to submit payment and tax information to the Payment Processor. If X or the Payment Processor determines as part of the payment onboarding process, or later, that payments cannot be made to you for any reason, you cannot be part of the Program. By accepting these Terms, you expressly authorize X to access data about your Payment Processor-connected account activity and transactions and to conduct other activities in connection with the processing and monitoring of payments under these Terms.

You are responsible for paying applicable Taxes, if any, due to taxing authorities arising from, or in connection with, your receipt of any payment of a share of the revenue earned by you. X may deduct or withhold any Taxes that it may be legally obligated to deduct or withhold from any amounts payable to you, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement of the amounts payable under these Terms. Each party will provide the other party with any tax documentation reasonably necessary to make or receive payments hereunder. As used herein, “Taxes” means any income, stamp, sales, use, value-added or other taxes, duties, charges, fees, deductions, or withholdings.

These Terms will commence on the date you click to accept these Terms (regardless of whether or not you are accepted into the Program) and will continue until terminated by either party as provided herein. You may opt out of participating in the Program at any time by providing written notice to X here. X may terminate these Terms at any time in it’s sole discretion, including, without limitation, if you misrepresent yourself or your account; violate these Terms, the X User Agreement, or any applicable laws; or no longer meet the eligibility requirements to participate in the Program.

In addition, we reserve the right, in our sole discretion, to: suspend, remove, or disable access to your account or cease providing you with all or part of the Program; remove you from the Program; and/or withhold, suspend, recoup, or set-off payments (including any amount that may have been attributable to or from past or future accounts) if we believe you or your account is in breach or violation of these Terms, the X User Agreement, or any applicable laws. We will have no liability for taking any of the above actions.

Upon termination of these Terms and/or your participation in the Program: (a) the rights and obligations under these Terms will immediately cease; and (b) any and all liabilities accrued before the effective date of the termination will survive, subject to the following: (i) if you have met the Minimum Payment Threshold at the time of termination of these Terms, the Payment Processor will attempt to transfer the money from your Payment Processor account into your external bank account: if, however, the Payment Processor is unable to remit payment to you due to circumstances beyond its control, you will automatically forfeit all such amounts and X will not owe any and all such amounts; or (ii) if you have not yet met the Minimum Payment Threshold, no amounts will be paid or owed to you. 

During and after your participation in the Program, you shall not disclose any proprietary and/or non-public information of X provided to you or to which you have access in connection with the Program (“Confidential Information”), except as authorized in writing by X or as required by law or court order, provided: (a) you will promptly notify X in writing of the requirement for disclosure, and (b) disclose only that portion of the Confidential Information legally required. You shall promptly notify X of any actual or suspected misuse or unauthorized disclosure of Confidential Information. Upon termination of these Terms and/or your participation in the Program, you will promptly destroy or erase any Confidential Information in your possession or control.

YOU EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM (OR FEATURES THEREOF) MAY BE EXPERIMENTAL IN NATURE AND/OR IN A BETA PHASE AND AGREE THAT ACCESS TO AND/OR USE OF THE PROGRAM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. X CORP. DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR PERFORMANCE. X CORP. MAKES NO WARRANTIES OR REPRESENTATIONS AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PROGRAM, AND (II) WHETHER THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. X CORP. DOES NOT CONTROL, ENDORSE OR ADOPT YOUR ACCOUNT (INCLUDING ANY CONTENT, FEATURES OR BENEFITS THEREIN).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE X 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, USE OF OR PARTICIPATION IN (OF INABILITY TO ACCESS, USE OR PARTICIPATE IN) THE PROGRAM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE X SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE X SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE X ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR THE AMOUNT PAID TO YOU BY X, IF ANY, IN THE PAST SIX MONTHS UNDER THESE TERMS PRIOR TO THE EVENT 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 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 ENTITIES” REFERS TO X, 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 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 ENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY NON-EXCLUDABLE WARRANTIES IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).

You represent and warrant that: (a) you have, or have obtained, and will maintain all rights, authorizations and licenses that are necessary to perform your obligations under these Terms and to offer, host, and monetize your account in connection with the Program without further payments by X to any third party; (b) all of the information provided by you to X and/or the Payment Processor to enroll and participate in the Program is correct, accurate, complete, and current at all times; (c) you are at least eighteen (18) years of age; (d) you have all necessary rights, power, and authority to enter into these Terms; (e) you comply, and will continue to comply, with all applicable laws, rules, statutes, ordinances, regulations, and ethical obligations in your performance of any acts hereunder (including, without limitation, any relevant data protection and privacy laws; laws applicable to contests, promotions, or giveaways; advertising laws; and Federal Trade Commission (FTC) rules and regulations such as the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising), and you will not cause X and/or the Payment Processor to be in violation of any of the foregoing; (f) you will at all times adhere to the X User Agreement; and (h) your account will not violate or infringe the rights of any third party (including copyright, trademark, service mark, trade secret, contract, privacy, or right of publicity) or contain any material that, if relied upon, might cause harm or injury to any person or property.

You agree to indemnify, defend and hold the X Entities harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any X Entity, arising out of or related to: (a) your participation in the Program; (b) breach of your representations, warranties, and obligations as set forth in these Terms; or (c) your negligence or misconduct. Your indemnification obligations hereunder will be subject to: (i) the X Entities providing prompt written notice of the claim to you, provided that any delay in notification will not relieve you of your indemnification obligations except and solely to the extent that such delay materially impairs your ability to defend such claim, (ii) the X Entities reasonably cooperating with you with respect to the defense and settlement of such claim, and (iii) you permitting X, at its option, to participate in and control the defense and settlement of such claim. You will not settle any such claim that may compromise any interest of the X Entities without the X Entities’ prior written consent; provided that the X Entities will reasonably cooperate with such defense or settlement, at your request and expense.

THIS SECTION APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. General. The following provisions are important with respect to the agreement between you and X regarding X’s features and services memorialized by these Terms. Subject to the provisions below, including exceptions set forth in this Section, you and X agree to arbitrate any disputes, claims, or controversies arising out of or relating to these Terms and/or your participation in the Program (individually a “Dispute,” or more than one, “Disputes”).

b. Initial Dispute Resolution. Most disputes between you and X can be resolved informally. You may contact us by writing to Paid Support here. When you contact us, please provide a brief description of the nature and bases for your concerns, your contact information, and the specific relief you seek. The parties shall use their best efforts through this support process to settle any Dispute other than an Exempted Dispute. You and we agree that good faith participation in this informal process is required and must be completed as set forth above before either party can initiate arbitration regarding any Dispute.

c. BINDING ARBITRATION. If we cannot reach an agreed upon resolution with you regarding a Dispute within a period of thirty (30) days from the time informal dispute resolution commences under the Initial Dispute Resolution provision above, then either you or we may initiate binding arbitration, which will be the sole means to resolve any Dispute, subject to the terms set forth below and except for claims brought in small claims court or Exempted Disputes, unless you opt out. Specifically, all Disputes shall be finally resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”), and through a single mutually agreed upon arbitrator who shall be a retired federal district or federal appellate court judge, in accordance with the provisions of the AAA’s Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1.800.778.7879, except as provided below. YOU AND X HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY OR JUDGE, EXCEPT WITH RESPECT TO EXEMPTED DISPUTES.

Except with respect to Exempted Disputes, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including, but not limited to, any claim that all or any part of these Terms are void or voidable, or whether a Dispute is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, provided that such relief (including injunctive relief) is limited to your individual circumstances. Notwithstanding anything in AAA’s Consumer Arbitration Rules to the contrary, you agree that any arbitration fees shall be split equally between you and us, except to the extent required by law, and any dispute concerning such fees shall be resolved by the individual arbitrator and not by AAA. You further agree that the arbitration proceedings shall be confidential. The parties agree that the existence, content, and outcome of the arbitration, including all documents, evidence, testimony, hearings, and the arbitral award, shall remain strictly confidential and shall not be disclosed to any third party without the prior written consent of the other party, except as may be required by applicable law or court order. Notwithstanding the requirements of this arbitration provision, if the Dispute involves a claim for public injunctive relief, either party may choose to sever that claim from the arbitration proceeding and bring it in any court of proper jurisdiction. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

YOU HAVE TWO YEARS TO BRING A CLAIM AGAINST X. You must bring any claim against X arising out of or related to these Terms within two (2) years after the date of the occurrence of the event or facts giving rise to the dispute, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, 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 banned, and X will have no liability with respect to such claim.

d. Filing Process and Costs. To start an arbitration, you can get submission instructions at: https://adr.org/Support. X will pay the consumer’s initial filing fee of $200, however notwithstanding any rules of the AAA to the contrary, the parties agree to share equally all other costs of the arbitration, including the arbitrator's fees and expenses, except to the extent required by law. The arbitrator (and not AAA) shall have the sole authority to determine any disputes that arise concerning the allocation of costs and expenses, including the fees and expenses of the arbitrator. If the arbitrator determines that claims were filed for the purposes of harassment or were patently frivolous, the arbitrator can reallocate the arbitrator’s compensation and administrative fees, including the filing and hearing fees, as set forth in the AAA Consumer Arbitration Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

e. Location. Arbitration will take place on a documents-only basis or you can choose to conduct the proceedings by telephone, video, or in-person. For in-person arbitration, the proceedings will be in the city or county where you reside or, if you do not reside in the United States, in the State of Texas, County of Austin.

f. Class Action Waiver. 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.

g. Severability. If it is determined that any part of this Dispute Resolution Agreement cannot be enforced as to a particular claim for relief or remedy (such as injunctive relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in a court of proper jurisdiction and any other claims must be arbitrated.

h. Exception - Exempted Disputes and Small Claims Court Claims - Forum Selection. Notwithstanding the parties’ decision to resolve all other Disputes through arbitration, any disputes, claims, or controversies arising from fraud (“Exempted Disputes”) shall be submitted to the exclusive jurisdiction of the federal or state courts located in New York County, New York, United States, and you consent to personal jurisdiction in those courts and waive any objection as to inconvenient forum. Without prejudice to, and notwithstanding the foregoing, you agree that, in its sole discretion, X may bring any Exempted Dispute we have against you in any competent court in the United States. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.  

i. 30-Day Right to Opt Out. If you wish to opt out and not be bound by these arbitration provisions set forth above, you can send written notice of your decision to opt out to the following address:

X Corp.
Attn: Legal Department - Arbitration Opt Out
800 W Cesar Chavez St.
Austin, TX 78701

If you have already been accepted to the Program, you may submit your opt out notice by writing to Paid Support here.

Your written notification must include your name, X account handle, the email address or phone number associated with your account handle, and a clear statement that you do not wish to resolve Disputes with X.

The notice must be sent within 30 days of your acceptance of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those provisions. You may also send the notice prior to accepting these Terms, in which case we will deem you to have opted out of arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with X or the delivery of features or services to you by X. If you opt out of those provisions, X also will not be bound by them.

j. Changes to this Section. We will provide 30-days’ notice of any material change to this Dispute Resolution Agreement. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.

k. Choice of Law. THESE TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT AND INTERPRETING CASE LAW GOVERN THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS, WITHOUT REGARD TO STATE LAW. To the extent state substantive law applies to any Dispute, the law of the State of Texas shall apply, without regard to conflict of law provisions.

l. Survival. This Dispute Resolution Agreement survives the end of the relationship between you and X, including cancellation of or unsubscribing from any services or communications provided by X.

We reserve the right to modify these Terms from time to time. We will notify you of material revisions, for example via a service notification or an email to the email associated with your account. Your continued participation in the Program after changes have become effective will be deemed as your acceptance of such changes. If any changes are not acceptable to you, you may terminate your participation in the Program by providing written notice to X here.

These Terms are written in English but are made available in multiple languages through translations. X strives 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 these Terms shall take precedence. You acknowledge that English shall be the language of reference for interpreting and constructing the terms of these Terms.

You understand that your relationship with us is solely that of a user of our Services, as an independent entity. You are not our employee. No agency, partnership, or joint venture is intended or created by these Terms or as a result of your participation in the Program. You maintain all rights and responsibilities for the nature and legality of your content, the manner in which it is created and offered, and whether you decide to offer it at all.

a. Feedback. You may provide X with comments concerning the Program and use of features and services provided by X (“Feedback”). You agree that X and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license, sublicense, incorporate, and otherwise use the Feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no expectation of payment or attribution of any kind to you. Nothing in these Terms will prevent X from developing features, products, or services that may be competitive with you or any end users’ features, products, or services.

b. Governing Law.

• If you live in the United States, these Terms will be governed by the laws of the State of Texas and any Dispute that arises between you and X will be subject to Section 13 above (Dispute Resolution Agreement--Binding Arbitration and Class Action Waiver).

• If you live in an EU Member State, an EFTA State, or the UK, to the extent permitted by law, all disputes related to these Terms, including any disputes, claims, or controversies arising out of or relating to these Terms will be brought exclusively before a competent court in Ireland without regard to conflict of law provisions and will be governed by Irish law, notwithstanding any agreement between you and X to the contrary. Without prejudice to the foregoing, you agree that, in its sole discretion, X may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction and venue over the claim.

• If you live outside of the United States, an EU Member State, an EFTA State, or the UK, these Terms will be governed by the laws of the State of Texas.

c. Notices. Any notices to X must be sent to: X Corp., 800 W Cesar Chavez St., Austin, TX 78701, USA, Attn: Legal Department, via first class or air mail or overnight courier, with a copy via email to legalnotices@x.com and are deemed given upon receipt. Notice to you may be provided by sending an email to the email address associated with your X account, or by posting a message to your X account or the Service, and is deemed received when sent (for email) or posted.

d. Waiver. The failure of X to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. X’s waiver of any default is not a waiver of any subsequent default.

e. Survival; Severability. Any obligations, which expressly or by their nature continue after termination of these Terms, shall survive and remain in effect after termination. Unenforceable provisions will be modified to reflect the parties’ intention, and remaining provisions of these Terms will remain in full effect.

f. Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, and any such attempt will be null and void.

g. Force Majeure. Neither party will be liable for any delay or failure of or in performance of its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of the public enemy, government acts, fire, floods, epidemics (including COVID-19), quarantine restrictions, strikes, civil commotions, act(s) or threatened act(s) of terrorism, failure or delay of telecommunications or technical equipment or infrastructure, or freight embargoes (“Force Majeure Event”), and each party shall be excused from performance of its obligations hereunder for the duration of such Force Majeure Event. 

h. Entire Agreement. These Terms (including the X User Agreement referenced herein) constitute the entire understanding between you and X with respect to the subject matter of these Terms and merges and supersedes all prior communications, understanding, and agreements between the parties concerning the subject matter, whether written or oral.