Elon Musk’s additions to X’s new terms of service.
Elon Musk's additions to X's new terms of service.
X’s New Terms of Service: What Users Need to Know
Users of X, the platform formerly known as Twitter, were greeted with a pop-up prompt when logging in today, asking them to agree to X’s new privacy policy and terms of service (ToS). With Elon Musk making substantial changes to the platform, these updates are bound to be significant for users. But fear not, ENBLE has dived into the details to provide you with all the insights and background information you need.
Privacy Policy Updates
Yesterday, we discussed the updates to X’s privacy policy and found some substantial changes. The new policy allows X to use data on the platform for training AI models, collecting metadata for encrypted messages, and storing data related to a user’s biometric information. These updates indicate X’s focus on leveraging data to improve its services and enhance user experiences.
The Highlights of the New ToS
Let’s take a closer look at the new terms of service and highlight the key areas that have caught our attention. The company has provided a handy summary of the ToS, which includes both existing and new terms. However, it’s interesting to note what X chooses to emphasize.
One of the first bullet points in the ToS summary addresses advertising on the platform. X states, “You will see advertising on the platform: In exchange for accessing the Services, X and our third-party providers and partners may display advertising to you.” This highlights the importance of advertising as a revenue stream for the platform’s sustainability.
Another notable addition to the ToS is the clear stance on data scraping. X explicitly mentions, “You may not access the Services in any way other than through the currently available, published interfaces that we provide.” This indicates X’s efforts to deter unauthorized data extraction and disrupt the operation of the Services. It’s worth mentioning that X recently sued four anonymous data scrapers, demonstrating its serious approach to combating this issue.
The ToS summary also mentions that X can terminate a user’s account for reasons such as prolonged inactivity, risk of legal exposure, or commercial inviability. Although some clauses from the ToS are already creating buzz on social media, such as the clause on “commercial inviability,” it’s important to note that the new X terms echo the old Twitter terms which gave the company the right to suspend or terminate accounts for any reason. The difference lies in the inclusion of specific examples in the new terms.
Content Ownership and Licensing
One area that generated concern among X users, especially within the art community, is the ownership of content. According to X’s terms, users own the content they post. However, by posting content, they grant X a “worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute” their content. It’s important to note that these terms are not new and are quite similar to those of other social media platforms.
What sets X’s ToS apart?
Compared to the privacy policy updates, the changes in X’s terms of service are less significant. Nevertheless, a few notable additions should be highlighted.
X has made several terminology swaps throughout the ToS, replacing “Twitter” with the platform’s new name, X. They have also replaced “tweets” with “posts” and renamed “retweets” as “reposts.” Additionally, Periscope, the stand-alone livestreaming platform, has been removed entirely since it no longer exists.
Another noteworthy addition to the ToS relates to non-English translations. X has acknowledged that inconsistencies may arise, stating that “the English language version of the X ToS shall take precedence” in such cases. This ensures clarity and avoids any ambiguities caused by varying translations.
Important Amendments in the ToS
While most sections of the ToS have been rearranged and reworded, there is only one entirely new clause. The addition pertains to consequences for not abiding by X’s rules and policies. The new ToS explicitly states, “X takes enforcement actions when Content or user behavior is in violation of our Rules and Policies or in relation to sensitive media.” Additionally, X provides a link to a page detailing how it can enforce its rules when a user violates them.
To address concerns regarding spam, data scraping, and other issues Elon Musk has been vocal about, X has added a whole new section titled “Misuses of Service.” This section emphasizes X’s commitment to maintaining a healthy platform environment and sets clear guidelines to discourage improper usage.
Lastly, X has included a clause in its terms of service that prevents users from participating in any plaintiff or class action proceedings. This clause aims to steer legal disputes toward arbitration, which is traditionally viewed as more favorable to corporations. Interestingly, X included this clause in its employee agreements, resulting in a lawsuit from former employees being dropped in favor of arbitration. However, X is now facing an issue where it refuses to pay required arbitration fees, leading ex-employees to sue the company. X claims it never forced its former employees to drop their class action lawsuit and shift to arbitration.
The new terms of service and privacy policy are set to take effect on September 29, 2023, giving users ample time to familiarize themselves with the changes and adjust accordingly.
In conclusion, the updated terms of service introduced by X address various aspects of data usage, content ownership, enforcement measures, and legal disputes. While some changes might raise concerns, it’s essential to understand the context and the reasoning behind these updates. Ultimately, X aims to improve its services, protect user privacy, and maintain a vibrant and secure platform for all its users.
