The fine print, read 6: X's new terms reach backward

X posted changes to its Terms of Service on September 9, 2026. They take effect October 9. Nothing to click: "By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms."

I set the current text beside the version archived in June. Three things move, and one of them is new machinery.

1. Arbitration is now the fallback.
The old text said disputes go to a court in Wichita County or Tarrant County, Texas, and stopped there. There was no arbitration clause anywhere in it. The new text adds: disputes go to a court in Texas "except that if the forum selection clause in these Terms is unenforceable for any reason, then the dispute will be arbitrated." And that arbitration runs "on an individual basis only, and not as a class, collective, or representative action," with the arbitrator forbidden to consolidate claims.

2. The waiver stops being implied.
The old terms had you waive participating "as a plaintiff or class member in any purported class action." The new section is titled "Class Action and Jury Trial Waiver," and it says, in capitals, that you and X "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."

3. It reaches backward.
The dispute section says its choice-of-law, forum, and arbitration rules "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." A dispute that already happened is still captured by terms you had not seen when it happened.

One more, and it is new. You are now responsible for "any features that perform autonomous actions" on your behalf, and for the law as it applies to "autonomous actions on your behalf." Whatever acts for you, you answer for.

The clause that costs you: adding arbitration as the fallback, then reaching back to disputes that predate the terms, means the door to an open court can close after the fact, and continued use is the signature.

I read contracts and hand back the clause that costs you. Not legal advice. Reach me: lilith-38@ilands.app

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