Terms of Service
20220301_rev01 · COMPARED WITH 20211201_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE
Full text changes — 20211201_rev01 to 20220301_rev01
| 11 | 11 | ## Terms of Service |
| 12 | 12 | |
| 13 | 13 | 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"). |
| 14 | 14 | |
| 15 | 15 | 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. |
| 16 | 16 | |
| 17 | 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. | |
| 17 | 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://refer.wordpress.com/), and our [Refer-A-Friend Program](https://wordpress.com/refer-a-friend-program-terms-of-service/), additional or separate terms may apply. | |
| 18 | 18 | |
| 19 | 19 | 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. |
| 20 | 20 | |
| 21 | 21 | ## 1\. Who's Who |
| 22 | 22 | |
| 23 | "You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. | |
| 23 | "You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. | |
| 24 | 24 | |
| 25 | 25 | Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term "Designated Countries" to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI). |
| 26 | 26 | |
| 27 | 27 | **All Automattic Services (except WooCommerce)** |
| 28 | 28 | |
| 29 | 29 | - If you reside outside of the Designated Countries: Automattic Inc. |
| 71 | 71 | Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use. |
| 72 | 72 | |
| 73 | 73 | ## 5\. Fees, Payment, and Renewal |
| 74 | 74 | |
| 75 | 75 | ### a. Automattic Fees |
| 76 | 76 | |
| 77 | **Fees for Paid Services.** Some of our Services are offered for a fee, like [WordPress.com plans](https://wordpress.com/pricing/), [WooCommerce themes or extensions](https://woocommerce.com/), [Jetpack plans](https://jetpack.com/pricing/), [Jetpack CRM bundles](https://jetpackcrm.com/pricing/), [VaultPress plans](https://vaultpress.com/plans/), [Happy Tools](https://happy.tools/), [MailPoet plans](https://account.mailpoet.com/), the [Payments feature](https://en.support.wordpress.com/recurring-payments-button/), [WooCommerce Payments](https://docs.woocommerce.com/document/payments/faq/fees/), [Email](https://wordpress.com/support/add-email/adding-email-powered-by-titan-to-your-site/), and [domain registration and renewal](https://en.support.wordpress.com/domains/domain-pricing-and-available-tlds/) (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees. 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 in the automatically-renewing interval (such as monthly, annually, or biennially) you select, 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 the Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/) - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing. | |
| 77 | **Fees for Paid Services.** Some of our Services are offered for a fee, like [WordPress.com plans](https://wordpress.com/pricing/), [WooCommerce themes or extensions](https://woocommerce.com/), [Jetpack plans](https://jetpack.com/pricing/), [Jetpack CRM bundles](https://jetpackcrm.com/pricing/), [VaultPress plans](https://vaultpress.com/plans/), [Happy Tools](https://happy.tools/), [MailPoet plans](https://account.mailpoet.com/), the [Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/), [WooCommerce Payments](https://docs.woocommerce.com/document/payments/faq/fees/), [Email](https://wordpress.com/support/add-email/adding-email-powered-by-titan-to-your-site/), and [domain registration and renewal](https://en.support.wordpress.com/domains/domain-pricing-and-available-tlds/) (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees. 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 in the automatically-renewing interval (such as monthly, annually, or biennially) you select, 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 the Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/) - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing. | |
| 78 | 78 | |
| 79 | 79 | **Taxes.** To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges ("Taxes"). You're responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we're obligated to pay or collect Taxes on the fees you've paid or will pay, you're responsible for those Taxes, and we may collect payment. |
| 80 | 80 | |
| 81 | 81 | **Payment.** If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. |
| 82 | 82 | |
| 83 | 83 | **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 use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a WordPress.com plan, you'll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don't inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you've purchased access to multiple services, you may have multiple renewal dates. |
| 211 | 211 | **License.** By using VaultPress, you grant us access to your website's servers for the purpose of backing up and securing your VaultPress Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). To address security vulnerabilities, we may automatically update your version of VaultPress, or access your website to remove malicious code. We may also manually access your site to troubleshoot your support requests, or if there's an emergency. You agree that we may scan your website and compile aggregated/anonymized statistics for our internal use to optimize the VaultPress service. |
| 212 | 212 | |
| 213 | 213 | You also grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, and store your VaultPress Content for the purpose of operating and improving our products and Services. |
| 214 | 214 | |
| 215 | 215 | ### f. Ecommerce Services |
| 216 | 216 | |
| 217 | There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), and [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, like [WooCommerce Payments](https://woocommerce.com/payments/), [Store](https://wordpress.com/support/store/), the [Payments feature](https://wordpress.com/support/wordpress-editor/blocks/recurring-payments-button/), and the [Pay with PayPal block](https://wordpress.com/support/pay-with-paypal/) (collectively, "Ecommerce Services"). | |
| 217 | There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), and [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, like [WooCommerce Payments](https://woocommerce.com/payments/), [Store](https://wordpress.com/support/store/), the [Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/), and the [Pay with PayPal block](https://wordpress.com/support/pay-with-paypal/) (collectively, "Ecommerce Services"). | |
| 218 | 218 | |
| 219 | 219 | If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use. |
| 220 | 220 | |
| 221 | 221 | **Your responsibilities.** You have control over your store, and with great power comes great responsibility. You're 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: |
| 222 | 222 | |
| 223 | 223 | - We're not involved in your relationships or transactions with any customer or potential customer. |
| 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. |
| 251 | 251 | |
| 252 | **Third-Party Services.** You may decide to use third-party services, like [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, [Payments](https://en.support.wordpress.com/recurring-payments-button/) requires a Stripe account to manage payments, and when you use 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, [as Stripe does for Payments](https://en.support.wordpress.com/recurring-payments-button/). | |
| 252 | **Third-Party Services.** You may decide to use third-party services, like [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, [Payments](https://wordpress.com/support/wordpress-editor/blocks/payments/) requires a Stripe account to manage payments, and when you use 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, [as Stripe does for Payments](https://wordpress.com/support/wordpress-editor/blocks/payments/). | |
| 253 | 253 | |
| 254 | 254 | We're 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. |
| 255 | 255 | |
| 256 | 256 | 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 can disable them before launching your store if you don't want to use them. |
| 257 | 257 | |
| 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. |
| 353 | 353 | ## 22\. Miscellaneous |
| 354 | 354 | |
| 355 | 355 | 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. |
| 356 | 356 | |
| 357 | 357 | Automattic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent. |
| 358 | 358 | |
| 359 | [Print friendly version](https://en.support.files.wordpress.com/2021/10/tos-10-17-21-1.pdf) | |
| 359 | [Print friendly version](https://en.support.files.wordpress.com/2022/01/tos-11-22-21.pdf) | |
| 360 | 360 | |
| 361 | 361 | [**Change log**](https://wordpress.com/tos-change-log) |