Terms of Service

20200901_rev01 · COMPARED WITH 20200701_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20200701_rev01 to 20200901_rev01

5959- We disclaim any responsibility for any harm resulting from non-Automattic websites.
6060
6161## 5\. Fees, Payment, and Renewal
6262
6363### a. Automattic Fees
6464
65**Fees for Paid Services.** Some of our Services are offered for a fee, such as Happy Tools, Jetpack plans, WordPress.com plans, and some Ecommerce Services (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees (for example, [Jetpack fees](https://jetpack.com/pricing/), [VaultPress fees](https://vaultpress.com/plans/), [WordPress.com fees](https://wordpress.com/pricing/), and fees associated with specific features, such as [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), [WooCommerce Payments](https://docs.woocommerce.com/document/payments/faq/fees/), and [domain name registration and renewal](https://en.support.wordpress.com/domains/domain-pricing-and-available-tlds/)). Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees - such as [fees for Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/) for your website's subscriptions - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
65**Fees for Paid Services.** Some of our Services are offered for a fee, such as Happy Tools, Jetpack plans, WordPress.com plans, and some Ecommerce Services (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees (for example, [Jetpack fees](https://jetpack.com/pricing/), [VaultPress fees](https://vaultpress.com/plans/), [WordPress.com fees](https://wordpress.com/pricing/), and fees associated with specific features, such as [Payments](https://en.support.wordpress.com/recurring-payments-button/), [WooCommerce Payments](https://docs.woocommerce.com/document/payments/faq/fees/), and [domain name registration and renewal](https://en.support.wordpress.com/domains/domain-pricing-and-available-tlds/)). Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees - such as [fees for Payments](https://en.support.wordpress.com/recurring-payments-button/) for your website's subscriptions - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
6666
6767**Taxes.** To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
6868
69**Payment.** If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
69**Payment.** If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
7070
7171**Automatic Renewal.** To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a WordPress.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for WordPress.com Paid Services by visiting your [Manage Purchases page](https://wordpress.com/me/purchases). For more information about how WordPress.com subscriptions work, please see our [Manage Purchases, Renewals & Cancellations support page](https://en.support.wordpress.com/manage-purchases/).
7272
7373**Cancelling Automatic Renewal.** You can manage and cancel your Paid Services at the respective Service's site. For example, you can manage all of your WordPress.com plans through your WordPress.com [Manage Purchases page](https://wordpress.com/me/purchases). To cancel a WordPress.com plan, go to your [Manage Purchases page](https://wordpress.com/me/purchases), click on the plan you wish to cancel, then follow the instructions to "cancel the subscription." You must repeat this process for each subscription you wish to cancel.
7474
7575**Fee Changes.** We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you must cancel your Paid Service.
178178
179179- Modify, decompile, reverse engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of Happy Tools; or
180180- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make Happy Tools available to any third party, other than your authorized users.
181181
182182### e. Ecommerce Services
183183
184There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Services](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), or [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, such as WooCommerce Payments, Store, Simple Payments, and Recurring Payments (collectively, "Ecommerce Services"). If you use WooCommerce, the [WooCommerce Use Terms](https://woocommerce.com/terms-conditions/) also apply.
184There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Services](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), or [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, such as WooCommerce Payments, Store, the Payments feature, and the Pay with PayPal block (collectively, "Ecommerce Services"). If you use WooCommerce, the [WooCommerce Use Terms](https://woocommerce.com/terms-conditions/) also apply.
185185
186186If you use any Ecommerce Services, you represent and warrant that any information you provide about your business, products, and services is accurate, complete, and will be kept current. You agree to promptly notify us via [email](mailto:legal@wordpress.com) if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.
187187
188188**Usage of Information.** WooCommerce Services may require Automattic's servers, a connection to our partners, and/or data from your website, to work, as described on our ["What Data Does Jetpack Sync?" support page](https://jetpack.com/support/what-data-does-jetpack-sync/).
189189
190190**Prohibited Uses.** You may not use Ecommerce Services for any unlawful purposes, in furtherance of illegal activities, or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance.
192192Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on [sanctions lists identified by the United States Office of Foreign Asset Control (OFAC)](https://www.treasury.gov/resource-center/sanctions).
193193
194194If you're using Ecommerce Services on WordPress.com, you must not violate our [User Guidelines](https://en.support.wordpress.com/user-guidelines/) or [Store Guidelines](https://en.support.wordpress.com/store-guidelines/). If you're using Ecommerce Services to sell CBD and other hemp-derived products, you must not violate the [WooCommerce Guidelines for CBD and Other Hemp-Derived Products](https://docs.woocommerce.com/document/woocommerce-cbd/).
195195
196196We may terminate your access to Ecommerce Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms, or if a payment processor or regulatory authority directs us to do so.
197197
198**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/).
198**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 [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 Payments](https://en.support.wordpress.com/recurring-payments-button/).
199199
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.
201201
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.
203203
204204**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.
205205
206206We 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.
207207
208208You 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.
209209
210**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.
210**Fees and Negative Balances.** In some cases, you pay us fees relating to the Ecommerce Services you use. For example, for the Payments feature, 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 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.
211211
212If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we are obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you are responsible for those losses and fees, and we may collect payment for those losses and fees.
213
212214**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.
213215
214216If 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.
215217
216**Shipping Services.** Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as [USPS](https://www.usps.com/) and [Canada Post](https://www.canadapost.ca/). We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
218**Shipping Services.** Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as [UPS](https://www.ups.com/), [USPS](https://www.usps.com/), and [Canada Post](https://www.canadapost.ca/). We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
217219
218220You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their [shipping restrictions](https://www.usps.com/ship/shipping-restrictions.htm) and [mailing standards](http://pe.usps.com/text/dmm300/dmm300_landing.htm), among others.
219221
220222In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.
221223
222You authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you have provided in your WordPress.com account, which you can view and manage as described on the [Payments Methods support page](https://en.support.wordpress.com/payment/). If you have multiple payment methods, you can select which should be used for the shipping label service. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
224Please note that in some cases, you may need to pay fees to the carrier directly, like if you use UPS shipping labels. In other cases, you authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you have provided in your WordPress.com account, which you can view and manage as described on the [Payments Methods support page](https://en.support.wordpress.com/payment/). If you have multiple payment methods, you can select which should be used for the shipping label service. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
223225
224226Refunds for unused shipping labels must be requested in your store's wp-admin within 30 days of creating the label. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven't received your refund within this time frame, please contact us.
225227
226228You may not transfer or sell postage and/or shipping labels to a third party.
227229
228230**Your Responsibilities.** You may only use Ecommerce Services for legitimate transactions with your customers. You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
229231
230232- We are not involved in your relationships or transactions with any customer or potential customer.
231233- You should use your best judgment. For example, you may not want to accept check payments if you're not comfortable sharing your mailing address with customers.
232- You must accurately communicate transactions, set expectations appropriately, and fulfill all promises, representations, or warranties you've made. For example, if you'd like to provide your visitors or subscribers with a new post each week for contributing to your site via [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), but aren't sure if you'll be able to post that frequently, you should make it clear that it's a goal and not a guarantee.
234- You must accurately communicate transactions, set expectations appropriately, and fulfill all promises, representations, or warranties you've made. For example, if you'd like to provide your visitors or subscribers with a new post each week for contributing to your site via [Payments](https://en.support.wordpress.com/recurring-payments-button/), but aren't sure if you'll be able to post that frequently, you should make it clear that it's a goal and not a guarantee.
233235- You are responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and any other ancillary services you provide to your customers.
234236- You are responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so that customers may contact you with questions or complaints.
235237- You will maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
236238- You are responsible for acquiring appropriate consent to submit charges through WooCommerce Payments on your customers' behalf, providing confirmation or receipts to customers for each charge, verifying customers' identities, and determining a customer's eligibility and authority to complete transactions.
237239- If you believe that a transaction is erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
238240- If you have transactions with individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices ("UDAAP").
312314## 22\. Miscellaneous
313315
314316The 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.
315317
316318You 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.
317319
318[Print friendly version](https://en.support.files.wordpress.com/2020/05/tos-05-21-2020.pdf)
320[Print friendly version](https://en.support.files.wordpress.com/2020/08/tos-08-11-20.pdf)
319321
320322[**Change log**](https://wordpress.com/tos-change-log)