Terms of Service

DATED 2023-10-31 · VERSION 20231101_rev01 · COMPARED WITH 20230701_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20230701_rev01 to 20231101_rev01

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

1_Last Updated: June 4, 2023_
1_Last Updated: October 31, 2023_
22
33## The Gist
44
55We (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.
66
77These 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.**
99If 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.
1010
1111We'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).
1212
1313## Terms of Service
1414
15These 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.
15These Terms govern your access to and use of the products and services we provide through or for [WordPress.com](https://wordpress.com/), [Woo.com](https://woocommerce.com/), [WooPay](https://pay.woo.com/), [Jetpack.com](https://jetpack.com/), [Gravatar.com](https://gravatar.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/) (such products and services, collectively, "Services"). Please note that Woo-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.
1616
1717These 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.
1818
1919For 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 and policies may apply.
2020
2121Please 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.
2323## 1\. Who's Who
2424
2525"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.
2626
2727Please 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.
2828
29**All Automattic Services (except WooCommerce)**
29**Automattic Services (except Woo)**
3030
3131- If you reside outside of the Designated Countries: Automattic Inc.
3232- If you reside in the Designated Countries: Aut O'Mattic A8C Ireland Ltd.
3333
34**WooCommerce Services**
34**Woo Services**
3535
36_WooCommerce Services includes WooCommerce, WooCommerce Payments, WooCommerce Shipping, MailPoet, and any products or services purchased from WooCommerce.com._
36_Woo services includes WooCommerce, WooPayments, Woo Shipping, Woo Tax, MailPoet, and other products or services available at Woo.com. (Please note that for the use of Third-Party Services - as defined below - additional terms may govern)._
3737
3838- If you reside outside of the Designated Countries: WooCommerce, Inc.
3939- If you reside in the Designated Countries: WooCommerce Ireland Ltd.
4040
4141We 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.
4242
7373Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
7474
7575## 5\. Fees, Payment, and Renewal
7676
7777### a. Automattic Fees
7878
79**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.
79**Fees for Paid Services.** Some of our Services are offered for a fee, like certain [WordPress.com plans](https://wordpress.com/pricing/) or Woo themes or extensions (collectively, "Paid Services"). This section applies to any purchases of Paid Services.
8080
8181By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set. 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.
8282
8383**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.
8484
8585**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.
8686
8787**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.
8888
89You 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.
89You 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 [Woo's My Subscriptions page](http://woocommerce.com/my-account/my-subscriptions/)) or by contacting the support team.
9090
9191**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.
9292
9393**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.
9494
95We 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.
95We may have a "no-show policy" for some Paid Services that require your participation. 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.
9696
9797European 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.
9898
9999If 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.
100100
101101You 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/).
102102
103103### b. Fees Collected by Website Owners
104104
105105**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.
106106
107**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).
107**Automatic Renewal.** Any recurring payments you make to a WordPress.com 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 [Purchases page](https://wordpress.com/me/purchases/other).
108108
109109**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/).
110110
111111## 6\. Feedback
112112
113113We 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.
114114
115115## 7\. General Representation and Warranty
116116
117117Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
118118
119119- Will be in strict accordance with the Agreement;
120- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
120- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
121121- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
122122- Will not infringe or misappropriate the intellectual property rights of Automattic or any third party;
123123- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
124124- Will not disclose the personal information of others;
125125- Will not be used to send spam or bulk unsolicited messages;
126126- Will not interfere with, disrupt, or attack any service or network;
143143**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.
144144
145145**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.
146146
147147**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.
148148
149**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. You must comply with our [advertising policy](https://automattic.com/advertising-policy/) if you use our advertising features, like Blaze.
149**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.
150150
151151**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.
152152
153153**Advertisements.** We may display advertisements on your website and domain unless you have purchased a plan that includes the removal of ads.
154154
155155**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/).
167167When you register a domain, you're required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact for the domain. You can [update your domain contact information](https://wordpress.com/support/update-contact-information/) at any time. If the domain contact information differs from your WordPress.com account information, we consider the administrative contact in your [domain contact information](https://wordpress.com/support/update-contact-information/) to be the owner of the domain, with full authority to manage it.
168168
169169**Built By WordPress.com Express.** By purchasing Built By WordPress.com Express - where our experts set up your website for you - you have read and understand [these details about the service](https://wordpress.com/support/website-design-service/), including our [content guidelines](https://wordpress.com/support/website-design-service/) and the fact that the website (including any design, layout, or web development) we produce is provided "as-is." Although we're setting up a website for you, you remain solely responsible for the content on your site and any materials, information, or other data on your site. We do not provide approval or validation of your website or its content by providing our services.
170170
171171If we provide you with a refund for your purchase of Built By WordPress.com Express, you may not use the website or its layout, web design, content, or other development we have provided to you, and we reserve the right to delete or revert the website to its previous state.
172172
173### b. WooCommerce
173### b. Woo
174174
175WooCommerce is an open source, customizable ecommerce platform. The Services we offer at WooCommerce.com give you the power to sell your products and services in whatever way your business needs.
175Woo is an open source, customizable ecommerce platform. The Services we offer at Woo.com give you the power to sell your products and services in whatever way your business needs.
176176
177Your use of certain Services offered via WooCommerce.com or [WooCommerce Shipping & Tax](https://docs.woocommerce.com/document/woocommerce-services/), like those related to tax calculation, payment, and shipping, may require Jetpack to function. If you enable those features, the Jetpack-specific terms also apply.
177Your use of certain Services offered via Woo, like those related to tax calculation, payment, and shipping, may require a Jetpack connection to function. If you enable those features, the Jetpack-specific terms also apply.
178178
179**Compatibility, access, updates, and support.** When you purchase Paid Services for WooCommerce, you'll receive access to any necessary downloads along with updates and support for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you'll need to renew your subscription if you'd like continued access to updates or support, or if you need to download any files again. Please see our [Support Policy](https://woocommerce.com/support-policy/) for more information.
179**Extensions.** The software in the extensions available in the Woo Marketplace is licensed under GPL. Extensions may have their own requirements (like requiring a connection to their servers in order to provide their services) and terms that apply.
180180
181**Compatibility, access, updates, and support.** When you purchase Paid Services from Woo.com, you'll receive access to any necessary downloads along with updates and support (as described in our [Support Policy](https://woocommerce.com/support-policy/)) for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you'll need to renew your subscription if you'd like continued access to updates or support, or if you need to download any files again.When you purchase Woo Paid Services as part of a Jetpack subscription or bundle, you'll have access to them as long as you have an active Jetpack plan.
182
181183Please note that extensions and themes are purchased and handled separately, and may function independently. While many work well in tandem, that may not always be the case.
182184
183185### c. WooPay
184186
185WooPay is a service that facilitates faster checkouts on sites using WooCommerce, by enabling you to save certain of your information to make purchases on those sites.
187WooPay is a service that facilitates faster checkouts on sites using Woo, by enabling you to save some of your information, such as shipping and payment information, for future purchases.
186188
187Sites using WooCommerce may offer you the ability to use WooPay. If you elect to use WooPay, your payment method information will be saved for use on any site that has integrated WooPay. To take advantage of WooPay for future purchases, you must use the same web browser that you used to sign up for WooPay and must not have cleared your cookies (otherwise you may be required to re-enroll). You agree to follow any other steps we require to help verify your identity as part of the enrollment or purchase process, including via email or SMS text message confirmations. Enrolling in WooPay will create a WordPress.com account for you if you don't already have one. WooPay is designed to allow you to save certain information, such as shipping and payment information, for future purchases. You must keep your WooPay information accurate and up-to-date. You can update your WooPay information by accessing your [WooPay Dashboard](https://pay.woo.com/account/) using the email and phone number you signed up with. You should only use WooPay on a device that you own or control and it is your responsibility to prevent others from accessing your device's web browser to help prevent unauthorized purchases through WooPay.
189Sites using WooCommerce may offer you the ability to use WooPay. If you elect to use WooPay, your payment method information will be saved for use on any site that has integrated WooPay. To take advantage of WooPay for future purchases, you must use the same web browser that you used to sign up for WooPay and must not have cleared your cookies or you must select the option to checkout with WooPay. You agree to follow any other steps we require to help verify your identity as part of the enrollment or purchase process, including via email or SMS text message confirmations. Enrolling in WooPay will create a [WooPay account](https://pay.woo.com/account/) for you if you don't already have one. You must keep your WooPay information accurate and up-to-date. You can update your WooPay information by accessing your [WooPay Dashboard](https://pay.woo.com/account/) using the email and phone number you signed up with. You should only use WooPay on a device that you own or control and it is your responsibility to prevent others from accessing your device's web browser to help prevent unauthorized purchases through WooPay.
188190
189191Even when your saved WooPay information is used for a transaction, the transaction remains only between you and the merchant. Requesting the deletion of your WooPay information will not cancel any transactions you have already made or terminate any subscriptions you have already enrolled in. To cancel a transaction or terminate a subscription, you must contact the merchant directly.
190192
191193### d. Jetpack
192194
193Jetpack supercharges your site by connecting to our infrastructure via various Jetpack plugins developed by Automattic (like Jetpack, Jetpack Boost, and Jetpack Search). To take advantage of the valuable features of Jetpack, your website is 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.
195Jetpack supercharges your site by connecting to our infrastructure, either via a Jetpack connection or via various Jetpack plugins developed by Automattic (like Jetpack, Jetpack Boost, and Jetpack Search). To take advantage of the valuable features of Jetpack, your website is 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.
194196
195197**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.
196198
197199The [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.
198200
199201**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).
200202
201203You 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.
202204
203**Prohibited Uses.** Your website and Jetpack Content must comply with [Jetpack's Service Guidelines](https://jetpack.com/service-guidelines/), and you must comply with our [advertising policy](https://automattic.com/advertising-policy/) if you use our advertising features, like Blaze.
205**Prohibited Uses.** Your website and Jetpack Content must comply with [Jetpack's Service Guidelines](https://jetpack.com/service-guidelines/).
204206
205207### e. Jetpack CRM
206208
207209Jetpack CRM is an open source, customizable customer relationship management tool built specifically for WordPress sites. Jetpack CRM core is free to install and you can extend the functionality by purchasing premium extensions.
208210
209211**Access, updates, and support.** When you purchase a Jetpack CRM Paid Service, you'll receive access to any necessary downloads along with updates and support (for which this [support policy applies](https://kb.jetpackcrm.com/jetpackcrm-support-policy/)) for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you'll need to renew your subscription if you'd like continued access to updates or support, or if you need to download any files again.
217219**Access.** If you lose access to your WordPress.com account, you may not be able to access your VaultPress Content.
218220
219221**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.
220222
221223You 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.
222224
223### g. Ecommerce Services
225### g. Blaze
224226
225We 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").
227Blaze enables you to advertise on some of the millions of pages across WordPress.com, Tumblr, and sites enrolled in [WordAds](https://wordads.co/). If you use Blaze (which may be available through our other Services), you must comply with our [advertising policy](https://automattic.com/advertising-policy/).
226228
229### h. Ecommerce Services
230
231We offer Services via [Woo](https://woocommerce.com/), [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 [WooPayments](https://woocommerce.com/payments/), [WooPay](https://pay.woo.com/), and the [Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/) (collectively, "Ecommerce Services").
232
227233If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.
228234
229235**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:
230236
231237- may only use Ecommerce Services for legitimate transactions with your customers.
232238- 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.
244250- 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.
245251
246252**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:
247253
248254- 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).
249255- 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.
250- 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/).
256- If you're using Ecommerce Services to sell CBD and other hemp-derived products using Woo, you must follow the [Woo Guidelines for CBD and Other Hemp-Derived Products](https://docs.woocommerce.com/document/woocommerce-cbd/).
251257
252258We 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.
253259
254**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.
260**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 WooPayments, 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.
255261
256262If 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.
257263
258**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.
264**Tax Calculations.** While some Ecommerce Services allow you to include sales taxes in transactions - for example, tax calculations may be provided by Taxamo - 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.
259265
260266If 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.
261267
262**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/).
268**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 or [EasyPost](https://www.easypost.com/) to manage shipping. Please note that WooPayments is powered by Stripe. If you use WooPayments 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/).
263269
264270We'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.
265271
266Some 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.
272Some of these third party services may be enabled by default, but you can disable them before launching your store if you don't want to use them.
267273
268**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.
274**More on WooPayments Specifically.** As part of WooPayments, 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 WooPayments means you agree to comply with those terms and conditions. In particular, you cannot use WooPayments 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 WooPayments.
269275
270We 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.
276We may refuse, condition, or suspend any transaction or account (including your use of WooPayments) 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.
271277
272You 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.
278You authorize us to share data relating to WooPayments 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 WooPayments.
273279
274We 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.
280We 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 nor the third-party manufacturer offers you any warranty on these products.
275281
276282If 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.
277283
278284You'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.
279285
280286Unless a refund is required by law, there are no refunds for POS terminals and all transactions are final.
281287
282**More on WooPay Specifically.** When you use WooCommerce Payments, WooPay may be available as a checkout option on your checkout page unless you remove it from your checkout options through your administrative controls. WooPay may not be available in all languages or jurisdictions, and we make no representation that WooPay is available for use in all locations or for all products or services. The use of saved WooPay information for a transaction does not change your obligations relating to the transaction, and we make no representations or warranties that the saved WooPay information is accurate or that the WooPay user is authorized to use any payment information they saved with WooPay. You acknowledge and agree that we are not and do not become a party to the transaction between you and your customer as a result of the use of WooPay and that we will not be responsible for any aspect of the products or services that you sell. By enabling WooPay on your site, you acknowledge that we may collect and process information about you, your customers, and your orders pursuant to our [privacy policy](https://automattic.com/privacy/). You will comply with any additional terms and conditions required by any third-party services associated with your use of WooPay.
288**More on WooPay Specifically.** When you use WooPayments, WooPay may be available as a checkout option on your checkout page unless you remove it from your checkout options through your administrative controls. WooPay may not be available in all languages or jurisdictions, and we make no representation that WooPay is available for use in all locations or for all products or services. The use of saved WooPay information for a transaction does not change your obligations relating to the transaction, and we make no representations or warranties that the saved WooPay information is accurate or that the WooPay user is authorized to use any payment information they saved with WooPay. You acknowledge and agree that we are not and do not become a party to the transaction between you and your customer as a result of the use of WooPay and that we will not be responsible for any aspect of the products or services that you sell. By enabling WooPay on your site:
283289
290- You acknowledge that we may collect and process information about you, your customers, and your orders pursuant to our [privacy policy](https://automattic.com/privacy/);
291- You are bound to [Google's Terms of Service](http://www.google.com/intl/en/policies/terms) (because WooPay uses [Google's Places API](https://developers.google.com/maps/documentation/places/web-service/overview) for a smoother checkout for your customers);
292- You will comply with any additional terms and conditions required by any third-party services associated with your use of WooPay.
293
284294**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.
285295
286296You'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.
287297
288298If you use services provided by the US Postal Service ("USPS"):
289299
297307In 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.
298308
299309Refunds 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.
300310
301311You may not transfer or sell postage and/or shipping labels to a third party.
302312
303### h. Artificial Intelligence
313### i. Artificial Intelligence
304314
305315We may offer features that incorporate artificial intelligence (AI), like blocks or plugins that enable you to use AI to generate content or images for your website or store.
306316
307317As between you and Automattic, and to the extent permitted by law, you own or have the rights to any content you input into AI features ("Input") and any content generated by the AI features ("Output").
308318
309319You're responsible for your Input, the use of any Output, and for complying with any applicable laws. AI may occasionally generate Output that's inaccurate, irrelevant, offensive, harmful, or similar to others' content. Please see our [AI Guidelines](https://automattic.com/ai-guidelines) for the policies you must comply with when you use AI features, details about the third-party providers we use to provide AI features, and helpful information about AI generally.
311321## 9\. Copyright Policy
312322
313323As 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.
314324
315325## 10\. Intellectual Property
316326
317The 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.
327The 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, Woo, 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.
318328
319329## 11\. Third-Party Services
320330
321331While 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").
322332
323If you use any Third-Party Services, you understand that:
333If you use any Third-Party Services, you understand and agree that:
324334
325335- Third-Party Services aren't vetted, endorsed, or controlled by Automattic.
326- 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.
327- Your use is solely between you and the respective third party ("Third Party") and is governed by the Third Party's terms and policies.
336- Any use of a Third-Party Service is at your own risk, and we won't be responsible or liable to you or anyone else for Third-Party Services.
337- Even if you purchase a third-party extension through a marketplace we operate, any services related to that extension are subject to and governed by the terms and policies of the third party ("Third Party").
328338- Some Third-Party Services may request or require access to your data - or to your visitors' or customers' data - through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party's privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
329339- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
330340
331341In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
332342
333343If 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).
334344
335345## 12\. Changes
336346
337We 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.
347We 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 canceling any subscription you have.
338348
339349## 13\. Termination
340350
341351We 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.
342352
343353You 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.
355365In 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.
356366
357367European 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.
358368
359369## 17\. Indemnification
360370
361You 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.
371You 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 or applicable law, Content that you post, and any ecommerce activities conducted through your or another user's website.
362372
363373## 18\. US Economic Sanctions
364374
365375You 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.
366376
367377## 19\. Data Processing Agreement
375385## 21\. Miscellaneous
376386
377387The 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.
378388
379389Automattic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
380390
381[Print friendly version](https://wpcom.files.wordpress.com/2023/06/tos-06-04-23.pdf)
391[Print friendly version](https://en.support.files.wordpress.com/2023/10/wordpress.com-terms-of-service-wordpresscom.pdf)
382392
383393[**Change log**](https://wordpress.com/tos-change-log)