WordPress.com Terms of Service changes — 20210801_rev01

238

- Ecommerce 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).

239

- If you're using Ecommerce Services on WordPress.com, you must observe all WordPress.com [User Guidelines](https://en.support.wordpress.com/user-guidelines/) and [Store Guidelines](https://en.support.wordpress.com/store-guidelines/).

240

- If you're using Ecommerce Services to sell CBD and other hemp-derived products via WooCommerce, you must follow the [WooCommerce Guidelines for CBD and Other Hemp-Derived Products](https://docs.woocommerce.com/document/woocommerce-cbd/).

241

242

We may terminate your access to our 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 violates the Agreement, or if a payment processor or regulatory authority requires it.

243

244

**Fees and Negative Balances.** In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a [percentage](https://en.support.wordpress.com/recurring-payments-button/) (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, 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.

244

**Fees and Negative Balances.** In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a [percentage](https://wordpress.com/support/wordpress-editor/blocks/payments/) (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, 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.

245

246

If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we're obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you're responsible for those losses and fees, and we may collect payment for those losses and fees.

247

248

**Tax Calculations.** You're 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, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes in transactions - for example, tax calculations may be provided by TaxJar - you shouldn't rely solely on these features. We work to keep our documents and tools up-to-date, but tax laws change rapidly; and we can't 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 interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.

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If we're obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you're responsible for these Taxes, and we may collect payment for them from you.

1		_Last Updated: May 5, 2021_
	1	_Last Updated: July 7, 2021_
2	2
3	3	## The Gist
4	4
5	5	We (the [folks at Automattic](http://automattic.com/about/)) are on a mission to make the web a better place. We hope you love our products and services - from website publishing tools to ecommerce solutions to security backup systems to management tools for distributed companies to the next great idea that we haven't even thought of yet - as much as we love creating them.
6	6
7	7	These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don't agree to these Terms, don't use our services.
238	238	- Ecommerce 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).
239	239	- If you're using Ecommerce Services on WordPress.com, you must observe all WordPress.com [User Guidelines](https://en.support.wordpress.com/user-guidelines/) and [Store Guidelines](https://en.support.wordpress.com/store-guidelines/).
240	240	- If you're using Ecommerce Services to sell CBD and other hemp-derived products via WooCommerce, you must follow the [WooCommerce Guidelines for CBD and Other Hemp-Derived Products](https://docs.woocommerce.com/document/woocommerce-cbd/).
241	241
242	242	We may terminate your access to our 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 violates the Agreement, or if a payment processor or regulatory authority requires it.
243	243
244		Fees and Negative Balances. In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a [percentage](https://en.support.wordpress.com/recurring-payments-button/) (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, 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.
	244	Fees and Negative Balances. In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a [percentage](https://wordpress.com/support/wordpress-editor/blocks/payments/) (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, 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.
245	245
246	246	If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we're obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you're responsible for those losses and fees, and we may collect payment for those losses and fees.
247	247
248	248	Tax Calculations. You're 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, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes in transactions - for example, tax calculations may be provided by TaxJar - you shouldn't rely solely on these features. We work to keep our documents and tools up-to-date, but tax laws change rapidly; and we can't 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 interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.
249	249
250	250	If we're obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you're responsible for these Taxes, and we may collect payment for them from you.
258	258	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 the terms and conditions of those third parties, and using WooCommerce Payments means you agree to comply with those terms and conditions. In particular, you cannot 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.
259	259
260	260	We may refuse, condition, or suspend any transaction or account (including your use of WooCommerce Payments) if we believe you have violated this Agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
261	261
262	262	You 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.
263	263
	264	We may also offer you the ability to process certain transactions in-person through our In-Person Payments feature. As part of this feature, we may provide you with a point-of-sale (POS) terminal. These POS terminals are manufactured by third parties and are provided "as-is."
	265
264	266	More on Shipping Services Specifically. Our shipping Services allow you to check shipping rates or buy shipping labels from certain mailing services, like [UPS](https://www.ups.com/), [USPS](https://www.usps.com/), [DHL](https://www.dhl.com/), and [Canada Post](https://www.canadapost.ca/). We're only an intermediary between you and these third parties; we aren't involved in any way with your product or its shipment. We also don't guarantee that the results you obtain from the use of these services (like rates, labels, or delivery timeframes) will be accurate or reliable.
265	267
266	268	You're solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and any regulations imposed by the mailing service(s) you use. For example:
267	269
268	270	- If you use USPS postage, you 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.
269	271	- When using DHL's services, you are responsible for compliance with all applicable [DHL rules and terms](http://www.dhl-usa.com/), such as the DHL Express Terms and Conditions of Carriage.
345	347	## 22\. Miscellaneous
346	348
347	349	The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Automattic and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. 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.
348	350
349	351	Automattic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
350	352
351		[Print friendly version](https://en.support.files.wordpress.com/2021/03/tos-03-31-21.pdf)
	353	[Print friendly version](https://en.support.files.wordpress.com/2021/07/tos-07-07-21.pdf)
352	354
353	355	[Change log](https://wordpress.com/tos-change-log)

Terms of Service

Full text changes — 20210601_rev01 to 20210801_rev01