Terms of Service

DATED 2021-11-22 · VERSION 20211201_rev01 · COMPARED WITH 20211001_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20211001_rev01 to 20211201_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+_Last Updated: July 7, 2021_
+_Last Updated: November 22, 2021_
 ## The Gist
 We (the [folks at Automattic](https://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.
 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.**
 We've made these Terms available under a [Creative Commons Sharealike license](https://creativecommons.org/licenses/by-sa/4.0/), which means that you're more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, we'd appreciate a credit and link to Automattic somewhere on your website. You can grab a copy of these Terms and other legal documents on [GitHub](https://github.com/Automattic/legalmattic).
 ## Terms of Service
+These Terms govern your access to and use of the products and services we provide through or for [WordPress.com](https://wordpress.com/), [WooCommerce.com](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [Jetpack.com](https://jetpack.com/), [VaultPress.com](https://vaultpress.com/), [Happy.Tools](https://happy.tools/), [Jetpack CRM](https://jetpackcrm.com/), and [MailPoet](http://mailpoet.com/) (collectively, "Services").
+These Terms govern your access to and use of the products and services we provide through or for [WordPress.com](https://wordpress.com/), [WooCommerce.com](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [Jetpack.com](https://jetpack.com/), [VaultPress.com](https://vaultpress.com/), [Happy.Tools](https://happy.tools/), [Jetpack CRM](https://jetpackcrm.com/), [MailPoet](http://mailpoet.com/), [WPScan.com](https://wpscan.com/), and [WordPress.com Courses](https://wpcourses.com/) (collectively, "Services").
 These Terms also govern visitors' access to and use of any websites that use our Services, like the websites that our users create on WordPress.com. Please note though that the operators of those websites may also have their own separate terms of use.
 For some of Automattic's other products, services, and programs, such as [Akismet](https://akismet.com/), [Crowdsignal](https://crowdsignal.com/), [Newspack](https://newspack.pub/), [WordPress.com VIP](https://wpvip.com/), our [Affiliate Program](https://affiliate.wordpress.com/), and our [Refer-A-Friend Program](https://wordpress.com/refer-a-friend-program-terms-of-service/), additional or separate terms may apply.
 Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the "Agreement"). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
 **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.
 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.
 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.
+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."
+We may also offer you the ability to process certain transactions in-person through an in-person payments feature. As part of this feature, you may purchase or we may provide you with a point-of-sale (POS) terminal. These POS terminals are manufactured by third parties and are provided "as-is" and "with all faults." Neither we or the third-party manufacturer offers you any warranty on these products.
+If you receive a POS terminal, you agree to: (a) use it for your own lawful commercial purposes only, and not for any personal, family, or household use; (b) the [Stripe Terminal Services Terms](https://stripe.com/terminal/legal) and [Stripe Terminal Purchase Terms](https://stripe.com/terminal-purchase/legal) as applicable; (c) comply with all applicable international and national laws and regulations, including applicable customs or export control laws or regulations; (d) use it only within the country that we shipped it to, except that you may use a terminal that was shipped to the European Economic Area in another country in the European Economic Area, if that country is [supported](https://stripe.com/docs/terminal/readers/placing-orders); and (e) if you obtain equipment, software, or accessories branded by Verifone and shipped to you to an address in the United Kingdom or European Economic Area, you agree to comply with the [Verifone Minimum Terms](https://stripe.com/us/verifone/legal), as applicable.
+You'll be responsible for all shipping and handling charges for the POS terminal specified during the ordering process. We may restrict availability based on your region or limit the quantity of POS terminals that you may order. We may reject any order at any time, in which case, we'll refund what you paid. Risk of loss for the POS terminal passes to you when the shipping carrier receives the terminal from our drop shipper for delivery, and title will transfer to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
+Unless a refund is required by law, there are no refunds for POS terminals and all transactions are final.
 **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.
 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:
 - 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.
 - 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.
 ## 10\. Intellectual Property
 The Agreement doesn't transfer any Automattic or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Automattic and you) solely with Automattic. Automattic, WordPress, WordPress.com, WooCommerce, Jetpack, VaultPress, Happy Tools, Jetpack CRM, MailPoet, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Automattic (or Automattic's licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any Automattic or third-party trademarks.
 ## 11\. Third-Party Services
+While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself ("Third-Party Services").
+While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself ("Third-Party Services").
 If you use any Third-Party Services, you understand that:
 - Third-Party Services aren't vetted, endorsed, or controlled by Automattic.
 - Any use of a Third-Party Service is at your own risk, and we won't be responsible or liable to anyone for Third-Party Services.
 - Your use is solely between you and the respective third party ("Third Party") and is governed by the Third Party's terms and policies.
 ## 16\. Arbitration Agreement
 Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys' fees.
 ## 17\. Limitation of Liability
+In no event will Automattic, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
+In no event will Automattic, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
 ## 18\. Indemnification
 You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user's website.
 ## 19\. US Economic Sanctions
 ## 22\. Miscellaneous
 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.
 Automattic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
+[Print friendly version](https://en.support.files.wordpress.com/2021/08/tos-08-20-21.pdf)
+[Print friendly version](https://en.support.files.wordpress.com/2021/10/tos-10-17-21-1.pdf)
 [**Change log**](https://wordpress.com/tos-change-log)