Terms of Service

DATED 2022-07-05 · VERSION 20220801_rev01 · COMPARED WITH 20220701_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20220701_rev01 to 20220801_rev01

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

+_Last Updated: April 26, 2022_
+_Last Updated: July 5, 2022_
 ## 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.**
+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. **If you don't agree to these Terms, don't use our services.**
+If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom ("European User"), some special terms apply to you as mentioned below.
 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/), [WooPay](https://pay.woo.com/), [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 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/), [WooPay](https://pay.woo.com/), [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"). Please note that WooCommerce-related products and services are intended for commercial use and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.
 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://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.
+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 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.
+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.
+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 as stated in the Terms, and the Agreement will apply to any changes.
 ## 1\. Who's Who
 "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.
+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).
+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.
 **All Automattic Services (except WooCommerce)**
 - If you reside outside of the Designated Countries: Automattic Inc.
 - If you reside in the Designated Countries: Aut O'Mattic A8C Ireland Ltd.
 _WooCommerce Services includes WooCommerce, WooCommerce Payments, WooCommerce Shipping, MailPoet, and any products or services purchased from WooCommerce.com._
 - If you reside outside of the Designated Countries: WooCommerce, Inc.
 - If you reside in the Designated Countries: WooCommerce Ireland Ltd.
+We refer to Automattic Inc., Aut O'Mattic A8C Ireland Ltd., WooCommerce, Inc., and WooCommerce Ireland Ltd. collectively as "Automattic" or "we" throughout these Terms.
+We refer to Automattic Inc., Aut O'Mattic A8C Ireland Ltd., WooCommerce, Inc., and WooCommerce Ireland Ltd. collectively as "Automattic," "us," or "we" throughout these Terms.
 ## 2\. Your Account
 When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
 We may limit your access to our Services until we're able to verify your account information, like your email address.
 Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
 ## 5\. Fees, Payment, and Renewal
 ### a. Automattic Fees
+**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.
+**Fees for Paid Services.** Some of our Services are offered for a fee, like certain [WordPress.com plans](https://wordpress.com/pricing/) or [WooCommerce themes or extensions](https://woocommerce.com/) (collectively, "Paid Services"). This section applies to any purchases of Paid Services.
+**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.
+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 (AKA subscriptions), your subscription begins on your purchase date, and 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.
+**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.
+**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 from you.
+**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.
+**Payment.** You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or 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), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can't charge your primary payment method.
+You can view your renewal date(s) and manage subscriptions 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/).
+**Automatic Renewal.** By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it'll automatically renew and we'll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. 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.
+You can view your renewal date(s) and manage subscriptions for WooCommerce Paid Services by visiting your [My Subscriptions page](http://woocommerce.com/my-account/my-subscriptions/). For more information about how WooCommerce subscriptions work, please see our [FAQs about WooCommerce.com subscriptions](https://docs.woocommerce.com/document/frequently-asked-questions/).
+You can view your renewal date(s), cancel, or manage subscriptions in your settings (for example, [WordPress.com's Manage Purchases page](https://wordpress.com/me/purchases) or [WooCommerce's My Subscriptions page](http://woocommerce.com/my-account/my-subscriptions/)) or by contacting the support team.
+To review renewal dates and manage subscriptions for any other Paid Services, please consult the respective Service's website or contact the support team.
+**Fees and Changes.** We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don't agree with the changes, you must cancel your Paid Service.
+You'll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.
+**Refunds.** We may have a refund policy for some of our Paid Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
+**Cancelling Automatic Renewal.** You can manage and cancel your Paid Services at the respective Service's website. 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 want to cancel, then follow the instructions to cancel the subscription or turn off auto-renew.
+We also have a "no-show policy" for some Paid Services that require your participation (for example, our [Quick Start sessions](https://wordpress.com/support/quickstart-support)). This means that if you don't show up for, don't participate in, or are late for a scheduled session, you'll still be charged for the Paid Service and won't be entitled to a refund.
+For WooCommerce Paid Services, you can turn off auto-renew for each active subscription at your [My Subscriptions page](http://woocommerce.com/my-account/my-subscriptions/).
+European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
+If auto-renew is successfully turned off, you'll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.
+If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.
+**Fees and Changes.** We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don't agree with the changes, you must cancel your Paid Service.
+You may exercise your right to withdrawal by sending a clear, written request to: Aut O'Mattic A8C Ireland Ltd., Grand Canal Dock, 25 Herbert Pl, Dublin, D02 AY86 Ireland or by using [this model form](https://wordpress.com/support/right-to-withdrawal/).
+**No-Show Policy.** We may have a "no-show policy" for some Paid Services that require your participation (for example, our [Quick Start sessions](https://en.support.wordpress.com/concierge-support/)). For instance, this may mean that if you don't show up or are late for a scheduled session, you'll still be charged and won't be entitled to a refund.
+If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.
+**Refunds.** We may have a refund policy for some of our Paid Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
 ### b. Fees Collected by Website Owners
 **Fees Paid to Websites or Website Owners.** Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We're not involved in a website's subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you're making the purchase directly from the website owner, and they're solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
+**Automatic Renewal.** Any recurring payments you make to a website owner (like a [website subscription](https://en.support.wordpress.com/recurring-payments/)) are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing website subscription, you'll be automatically charged by the website owner once each year. You can view the renewal dates for your website subscriptions on your [Other Site Payments page](https://wordpress.com/me/purchases/other).
+**Automatic Renewal.** Any recurring payments you make to a website owner (like a [website subscription](https://wordpress.com/support/recurring-payments/)) are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the subscription period, it'll automatically renew and your payment method will be charged. For example, if you select an annually renewing website subscription, you'll be automatically charged once each year until the subscription is canceled. You can view the renewal dates or cancel your website subscriptions on your [Other Site Payments page](https://wordpress.com/me/purchases/other).
+**Cancelling Automatic Renewal of Website Subscriptions.** You can manage and cancel your website subscriptions as described [here](https://wordpress.com/support/recurring-payments/) at your [Other Site Payments page](https://wordpress.com/me/purchases/other). Click on the payment you want to cancel and follow the instructions. Repeat this process for each website subscription you want to cancel.
 **Refunds.** We're not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you'd like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can [contact us](https://en.wordpress.com/abuse/).
 ## 6\. Feedback
 We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
 **License.** By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties (through [Firehose](https://developer.wordpress.com/docs/firehose/), for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other WordPress.com users permission to share your Content on other WordPress.com websites and add their own Content to it (aka to "reblog" your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website, which the [reblogging](https://en.support.wordpress.com/reblogs/) function on WordPress.com does automatically.
 **Removing Content.** If you delete Content, we'll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on WordPress.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
 **Web Traffic.** We may use a third-party service to measure WordPress.com's audience and usage. By having your website on WordPress.com, you agree to assign the traffic for your website to Automattic, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your website's traffic may be included under Automattic, your website may not receive credit for traffic in the respective reports, and you must not assign your website's traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to provide it.
+**Prohibited Uses.** Your Content and conduct must not violate the [WordPress.com User Guidelines](https://en.support.wordpress.com/user-guidelines/).
+**Prohibited Uses.** Your Content and conduct must not violate the [WordPress.com User Guidelines](https://en.support.wordpress.com/user-guidelines/) or the [VideoPress Service Guidelines](https://videopress.com/service-guidelines) if you use our Services to upload videos.
+**HTTPS.** We offer free HTTPS on all WordPress.com websites by default, including those using custom domains, via [Let's Encrypt](https://letsencrypt.org/). By signing up and using a custom domain on WordPress.com, you authorize us to act on the domain name registrant's behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
+**HTTPS.** We offer free HTTPS on all WordPress.com websites by default, including those using custom domains, via [Let's Encrypt](https://letsencrypt.org/). By signing up and using a custom domain on WordPress.com, you authorize us to represent that you have the power and authority to act on the domain name registrant's behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
 **Advertisements.** We may display advertisements on your website unless you have purchased a plan that includes the removal of ads.
 **Attribution.** We may display attribution text or links in your website footer or toolbar, noting that your website is powered by WordPress.com or attributing the creator of your theme, for example. For more details about these attributions, and under which circumstances (if any) you may alter or remove them, please see our [Footer Credit Options support page](https://wordpress.com/support/footer-credits/).
+**Email.** In partnership with Titan (Flock FZLLC), a third-party service provider, we offer you the option to [create email mailboxes](https://wordpress.com/support/add-email/adding-titan-email-to-your-site/) associated with your Domain Name. Your use of Email (powered by Titan) is subject to Titan's policies, including Titan's [Customer Terms of Service](https://support.titan.email/hc/en-us/articles/360038024254-Titan-Customer-Terms-of-Use) (for owners of the Email (powered by Titan) subscription), [End User Terms of Service](https://support.titan.email/hc/en-us/articles/900000761843-Titan-End-User-Terms-of-Use-) (for individuals granted access to mailboxes created by the subscription owner), [Acceptable Use Policy](https://support.titan.email/hc/en-us/articles/900000775226-Titan-Acceptable-Use-Policy), and [Privacy Policy](https://support.titan.email/hc/en-us/articles/360038535773-Titan-Privacy-Policy) in addition to these Terms. These email services are provided "as is." We make no warranties related to these services and disclaim any obligations or actions of Titan under their policies.
+**Professional Email.** Your use of Professional Email is subject to Titan's (Flock FZLLC) policies, including Titan's [Customer Terms of Use](https://support.titan.email/hc/en-us/articles/360038024254-Titan-Customer-Terms-of-Use) (for owners of the email subscription), [End User Terms of Use](https://support.titan.email/hc/en-us/articles/900000761843-Titan-End-User-Terms-of-Use-) (for individuals granted access to mailboxes created by the subscription owner), [Acceptable Use Policy](https://support.titan.email/hc/en-us/articles/900000775226-Titan-Acceptable-Use-Policy), and [Privacy Policy](https://support.titan.email/hc/en-us/articles/360038535773-Titan-Privacy-Policy) in addition to these Terms. We make no warranties related to these services and disclaim any obligations or actions of Titan under their policies.
 **Domain Names.** We act as a registrar and also work with third-party registrars to provide domain name services. When you register a domain on WordPress.com or transfer an existing domain to WordPress.com, the [policies of the respective registry](https://en.support.wordpress.com/registry-policies/) apply, and you become bound by the relevant registrar's terms and conditions. Depending on the domain, you may be subject to the terms of the [Automattic Domain Name Registration Agreement](https://wordpress.com/automattic-domain-name-registration-agreement/), [Key-Systems GmbH Registration Agreement](https://www.rrpproxy.net/Legal/Registration_Agreement), [Tucows Domain Inc. Registration Agreement](https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html), or [this Domain Name Registration Agreement](https://www.secureserver.net/legal-agreement), in addition to these Terms. When you register a domain, you're presented with and must agree to the applicable domain registration agreement. If you didn't make a note of it, you can look it up at any time. Please see [the Domain Registration Agreements page](http://en.support.wordpress.com/domain-registration-agreements) for instructions on how to determine which domain registration agreements apply to you and your domains. These registrar terms are incorporated by reference into these Terms.
 Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"). You can read about [your rights and responsibilities as a domain name registrant](http://www.icann.org/en/resources/registrars/registrant-rights/benefits) under ICANN's Registrar Accreditation Agreement and about [domain name registration generally](https://www.icann.org/resources/pages/educational-2012-02-25-en).
 For details about what happens during the domain expiration process and how we may notify you about domain expirations, please see the [Domain Expiration page](https://en.support.wordpress.com/domains/domain-expiration/).
 ### d. Jetpack
 Jetpack is a plugin that connects your website to WordPress.com's infrastructure to give you powerful WordPress.com features. To take advantage of the performance-boosting features of Jetpack, certain information about the Content, settings, and setup of your website are synced with our servers, as described on our [What Data Does Jetpack Sync? support page](https://jetpack.com/support/what-data-does-jetpack-sync/). Any content you publish on a self-hosted website connected to Jetpack ("Jetpack Content") remains under your ownership and control.
 **Features and Enhanced Distribution.** Jetpack includes various features, some of which are [on by default](https://jetpack.com/support/default-features/) when you activate Jetpack, and others that you need to enable manually. You can see your active features and choose which to activate or deactivate on your dashboard.
+The [Enhanced Distribution](https://jetpack.com/support/enhanced-distribution/) feature is on by default and adds your public Jetpack Content to the WordPress.com Firehose. If you leave this feature activated, you grant us permission to display your Jetpack Content on WordPress.com.
+The [Enhanced Distribution](https://jetpack.com/support/enhanced-distribution/) feature is on by default and aggregates public Jetpack Content to the WordPress.com Firehose. You can disable this at any time by following [these instructions](https://jetpack.com/support/control-jetpack-features-on-one-page/). If you leave this feature activated, you grant us permission to display your Jetpack Content on WordPress.com.
+**License.** By using Jetpack, you grant us access to your website's servers for the purpose of backing up, taking measures to protect and scanning your Jetpack Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). Jetpack may temporarily install extra software on your website to back up your website and scan it for security vulnerabilities. In order to address security vulnerabilities, we may automatically update your version of Jetpack 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 Jetpack's performance.
+**License.** By using Jetpack, you grant us access to your website's servers for the purpose of backing up, taking measures to protect and scanning your Jetpack Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). Jetpack may temporarily install extra software on your website to back up your website and scan it for security vulnerabilities. In order to address security vulnerabilities, we may automatically update your version of Jetpack 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 (such as to optimize Jetpack's performance).
 You grant us a worldwide, royalty-free, transferable, sub-licensable, non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, publish, copy, and store Jetpack Content for the purpose of providing and improving our products and Services and promoting your websites. This license also allows us to make any publicly-posted Content available to select third parties (through [Firehose](https://developer.wordpress.com/docs/firehose/), for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
 **Prohibited Uses.** Your website and Jetpack Content must comply with [Jetpack's Service Guidelines](https://jetpack.com/service-guidelines/).
 ### e. Jetpack CRM
 **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.
 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.
 ### g. Ecommerce Services
+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/), [WooPay](https://pay.woo.com/), and the [Pay with PayPal block](https://wordpress.com/support/pay-with-paypal/) (collectively, "Ecommerce Services").
+We offer Services and certain features 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.), receive payments on your website, or otherwise earn money, like [WooCommerce Payments](https://woocommerce.com/payments/), [WooPay](https://pay.woo.com/), 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").
 If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.
+**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:
+**Your responsibilities.** You have control over your store, and with great power comes great responsibility. We're not involved in your relationships or transactions with any customer or potential customer, and you're solely responsible for all of your ecommerce activities. Among other things, this means that you:
+- We're not involved in your relationships or transactions with any customer or potential customer.
+- You may only use Ecommerce Services for legitimate transactions with your customers.
+- You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you've made. For example, if you'd like to offer subscribers 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 be clear that weekly posts are a goal and not a guarantee.
+- You're responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.
+- You're responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.
+- You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
+- You're responsible for acquiring appropriate consent to submit charges through WooCommerce Payments on your customers' behalf, giving customers confirmation or receipts for each charge, verifying customers' identities, and determining a customer's eligibility and authority to complete transactions.
+- If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
+- If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
+- You're financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
+- You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
+- You're responsible for investigating any transaction you believe may be erroneous, suspicious, prohibited by law, or otherwise poses unacceptable compliance risks to us or you and, if appropriate, obtaining adequate information and assurances from your customer before fulfilling or completing the transaction.
+- You're solely responsible for ensuring that your transactions with customers comply with applicable export, import, and sanctions laws and regulations, including obtaining any required licenses or other authorizations or making required filings.
+- 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.
+- may only use Ecommerce Services for legitimate transactions with your customers.
+- must comply with all applicable laws (such as those relating to automatic renewal or providing consumer disclosures) and agree not to engage in unfair, deceptive, or abusive acts or practices.
+- are responsible for all products and services you provide, including delivery, support, refunds, returns, providing any appropriate warnings, and ensuring all information you provide is accurate, complete, and current.
+- must accurately communicate product and transaction details, set expectations appropriately, and fulfill all commitments you've made.
+- 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, tell your customers about any Taxes they may be required to pay and issue appropriate invoices.
+- are responsible for acquiring appropriate consent to process customer transactions, giving customers confirmation or receipts for each charge, verifying customers' identities, and determining a customer's eligibility and authority to complete transactions.
+- must provide contact information so customers can contact you with questions or complaints.
+- must maintain fair and legally compliant return, refund, cancellation, and adjustment policies and clearly explain how customers can request a refund.
+- are responsible for all questions, complaints, disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
+- are responsible for investigating any transaction you believe may be erroneous, suspicious, or prohibited by law, or otherwise pose unacceptable compliance risks to us or you and, if appropriate, obtaining adequate information and assurances from your customer before fulfilling or completing the transaction.
+- are solely responsible for ensuring that your transactions with customers comply with applicable export, import, and sanctions laws and regulations, including obtaining any required licenses or other authorizations or making required filings.
+- must comply with Payment Card Industry Data Security Standard (PCI DSS) if applicable to you.
+- must 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) that's related to your use of Ecommerce Services.
 **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. Among other things, this means that:
 - Ecommerce Services cannot be used in, from, by, 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).
+- 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/).
+- If you're using Ecommerce Services, you must observe all [Store Guidelines](https://en.support.wordpress.com/store-guidelines/) and, if hosted on WordPress.com, the [User Guidelines](https://en.support.wordpress.com/user-guidelines/) as well.
 - 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/).
 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.
 **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.
 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.
+**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.
+**Tax Calculations.** 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.
 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.
 **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/).
 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.
 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.
 **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.
+We may refuse, condition, or suspend any transaction or account (including your use of WooCommerce Payments) if we believe you have violated the 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 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.
 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 provide 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're unable to collect payment from you for these fees, you'll be responsible for payment within 7 days; please contact us to make payment.
 Refunds for unused shipping labels must be requested ([like so for USPS](https://docs.woocommerce.com/document/woocommerce-shipping-and-tax/woocommerce-shipping/)) in your store's wp-admin within 30 days of creating the label. Depending on your bank and the third party involved, it can take up to 45 days for your refund to be issued. If you don't receive your refund within this time frame, please contact us.
 You may not transfer or sell postage and/or shipping labels to a third party.
+## 9\. Copyright Infringement and DMCA Policy
+## 9\. Copyright Policy
+As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our [Digital Millennium Copyright Act ("DMCA") Policy](https://automattic.com/dmca-notice/) and send us a notice.
+As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our [Copyright Policy](https://automattic.com/dmca-notice/) and send us a notice.
 ## 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
 In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
 If you purchase Google Workspace or G Suite, there are a few other things we want to highlight: these services are provided by Google, and your use of them is subject to [Google's Terms of Use](https://workspace.google.com/terms/premier_terms.html) for the services, which you'll accept before using Google Workspace or G Suite for the first time. We're an authorized reseller of Google Workspace and G Suite, but make no warranties about Google's services, and disclaim Google's liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its [Technical Support Services Guidelines](https://www.google.com/apps/intl/en/terms/tssg.html).
 ## 12\. Changes
+We may update, change, or discontinue any aspect of our Services at any time. Since we're constantly updating our Services, we sometimes have to change the legal terms under which they're offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Automattic, or if Automattic posts a revised version. We'll let you know when there are changes: we'll post them here and update the "Last Updated" date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
+We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the "Last Updated" date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
 ## 13\. Termination
+We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Automattic policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website's storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
+We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Automattic policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website's storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
 You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
 ## 14\. Disclaimers
+Our Services are provided "as is." Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're reading this, [here's a treat](https://wordpress.com/tos/treat/). You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
+Our Services are provided "as is." Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're reading this, [here's a treat](https://wordpress.com/tos/treat/). You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
 ## 15\. Jurisdiction and Applicable Law.
+Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.
+Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
+## 16\. Arbitration Agreement
+## 16\. Limitation of Liability
+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 (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
+European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Automattic isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates' total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
+## 17\. 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
+## 18\. US Economic Sanctions
 You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as [OFAC's Specially Designated Nationals and Persons List](https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists), or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Automattic to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
+## 20\. Data Processing Agreement
+## 19\. Data Processing Agreement
 If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please follow [these instructions](https://en.support.wordpress.com/automattic-gdpr/data-processing-agreements/).
+## 21\. Translation
+## 20\. Translation
 These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
+## 22\. Miscellaneous
+## 21\. 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://wpcom.files.wordpress.com/2022/05/wordpress.com-terms-of-service-wordpresscom.pdf)
+[Print friendly version](https://en.support.files.wordpress.com/2022/07/tos-07-05-22.pdf)
 [**Change log**](https://wordpress.com/tos-change-log)