Terms of Service

20200701_rev01 · COMPARED WITH 20200301_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20200301_rev01 to 20200701_rev01

99## Terms of Service
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1111These Terms govern your access to and use of WordPress.com, Jetpack.com, VaultPress.com, and Happy.Tools, as well as all content and Automattic products and services (for example, ecommerce services as outlined below in Section 7e) available at or through these websites (collectively, "Services").
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1313These Terms also govern visitors' access to and use of any websites that use our Services, such as websites hosted on WordPress.com that are operated by our users.
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15For some of Automattic's other products and services, such as WooCommerce, Akismet, Crowdsignal, and WordPress.com VIP, additional Terms of Service may apply and will be posted on the websites for those products and services.
15For some of Automattic's other products, services, and programs such as WooCommerce, Akismet, Crowdsignal, Newspack, WordPress.com VIP, our Affiliate Program, and our Refer-A-Friend Program, additional Terms of Service may apply and will be posted on the respective websites.
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1717Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, [Automattic's Privacy Policy](https://automattic.com/privacy/)), and procedures that may be published from time to time by Automattic (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.
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1919Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
2020
2121## 1\. Who's Who
198198**Third Party Services.** You may choose to set up and/or use third party services, such as [Stripe](https://stripe.com/) or [PayPal](https://www.paypal.com/) to collect payment, [TaxJar](https://www.taxjar.com/) to calculate Taxes, or [EasyPost](https://www.easypost.com/) to manage shipping. Please note that WooCommerce Payments is powered by Stripe. If you use WooCommerce Payments or any third-party services, some of your - and your customers' - data may be submitted directly to or passed to the respective third party, and the respective third party's terms of service, privacy policy, and other policies may apply. For example, if you use [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), you must create or use an existing Stripe account to manage payments, and by using Stripe, you agree to [their terms and policies](https://stripe.com/legal). Please note that third party services may also charge you fees to use or access their services, for example, [as Stripe does for Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/).
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200200We are not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.
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202202Please note that some of these third party services (like TaxJar if you use [Store](https://en.support.wordpress.com/store/)) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them.
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204**More on WooCommerce Payments Specifically.** WooCommerce Payments is integrated with Stripe, a third party that provides payment processing and related functions for your site. If you use WooCommerce Payments, you are entering into an agreement with Stripe subject to [Stripe's Connected Account Agreement](https://stripe.com/connect-account/legal), [Stripe's Services Agreement](https://stripe.com/ssa), and any other terms and policies incorporated by reference in those agreements (collectively, the "Stripe Agreement"). The Stripe Agreement is separate from these Terms. We are not a party to the Stripe Agreement and will not be liable or responsible for the services provided by Stripe. If Stripe discontinues providing these services through WooCommerce Payments, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into WooCommerce Payments.
204**More on WooCommerce Payments Specifically.** As part of WooCommerce Payments, we may use certain third parties to fulfill our obligations to you, including integrating with payment processing third parties. You may be subject to terms and conditions with those third parties and agree to comply with those terms and conditions. In particular, you may not use WooCommerce Payments to enable any person (including you) to benefit from [restricted businesses or activities](https://wordpress.com/support/restricted-businesses-and-activities/). If we use another third party to fulfill these services, you authorize us to share your payment method information with an alternative third-party payment processor that is or will be integrated into WooCommerce Payments.
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206You agree to comply with the Stripe Agreement. In particular, you may not use the WooCommerce Payments to enable any person (including you) to benefit from any activities Stripe has identified as a [restricted business or activity](https://stripe.com/restricted-businesses).
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208206We may refuse, condition, or suspend any transaction or account (including your use of WooCommerce Payments) if we believe you have violated these Terms or if we believe your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
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210You authorize us to share data relating to WooCommerce Payments with Stripe for their use in accordance with Stripe's privacy policy. Please refer to our privacy policy for details on how we otherwise collect, use, and disclose data made available to us as part of WooCommerce Payments.
208You authorize us to share data relating to WooCommerce Payments with the applicable payment processing third party for their use in accordance with their privacy policy. Please refer to our privacy policy for details on how we otherwise collect, use, and disclose data made available to us as part of WooCommerce Payments.
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212210**Fees.** In some cases, you pay us fees relating to the Ecommerce Services you use. For example, for Recurring Payments, you pay us a [percentage](https://en.support.wordpress.com/recurring-payments-button/) (which depends on your plan) of the revenue your website generates through Recurring Payments; you authorize Stripe to direct payment of that percentage to us. As another example, if you use WooCommerce Payments, there are [transaction fees and dispute fees](https://docs.woocommerce.com/document/payments/faq/fees/). Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers.
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214212**Tax Calculations.** You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided by TaxJar, if you are using Store) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
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216214If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
314312## 22\. Miscellaneous
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316314The Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
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318316You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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320[Print friendly version](https://en.support.files.wordpress.com/2020/02/tos-02-21-20.pdf)
318[Print friendly version](https://en.support.files.wordpress.com/2020/05/tos-05-21-2020.pdf)
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322320[**Change log**](https://wordpress.com/tos-change-log)