These Terms of service govern your access to and use of the products and services we provide through or for WordPress.com, Woo.com, WooPay, Jetpack.com, Gravatar.com, VaultPress.com, Happy.Tools, Jetpack CRM, MailPoet, WPScan.com, and WordPress.com Courses (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. 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.
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For some of Automattic’s other products, services, and programs, such as Akismet, Crowdsignal, Newspack, WordPress VIP, our Affiliate Program, and our Refer-A-Friend
Program, additional or separate terms and policies 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 as stated in the Terms, and the Agreement will apply to any changes.
- 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.
Automattic Services (except Woo)
If you reside outside of the Designated Countries: Automattic Inc.
If you reside in the Designated Countries: Aut O’Mattic A8C Ireland Ltd.
Woo Services
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 ThirdParty Services — as defined below — additional terms may govern).
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,” “us,” or “we” throughout these
Terms. - Your Account
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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.
When you create a WordPress.com account, we consider that to be an inquiry about our
products and services, which means that we may also contact you to share more details
about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can
opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully
responsible for maintaining the security of your account (which includes keeping your
password secure). We’re not liable for any acts or omissions by you, including any damages
of any kind incurred as a result of your acts or omissions. If you get fired because of a blog
post you write about your boss, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any
unauthorized uses of your account, store, or website, or of any other breach of security. If we
believe your account has been compromised, we may suspend or disable it.
If you’d like to learn about how we handle the data you provide us, please see our Privacy
Policy. - Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if
you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our
Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services
only if you can legally form a binding contract with us. In other words, if you’re under 18
years of age (or the legal age of majority where you live), you can only use our Services
under the supervision of a parent or legal guardian who agrees to the Agreement. - Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code,
computer software, items for sale, and other materials) posted to or made available through
our Services by users or anyone else (“Content”) or on websites that link to, or are linked
from, our Services. We’re not responsible for any use or effects of Content or third-party
websites. So, for example:
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We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any
third-party website.
We don’t endorse any Content or represent that Content is accurate, useful, or not
harmful. Content could be offensive, indecent, or objectionable; include technical
inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy,
publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on your website, and any harm
resulting from that Content. It’s your responsibility to ensure that your website’s Content
abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or
downloading of Content, or for any harm resulting from third-party websites. You’re
responsible for taking the necessary precautions to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our Services is the seller’s sole responsibility,
so you must look solely to the seller for any damages that result from your purchase or
use of Content.
We are not a party to, and will have no responsibility or liability for, any
communications, transactions, interactions, or disputes between you and the provider
of any Content.
Please note that additional third-party terms and conditions may apply to Content you
download, copy, purchase, or use. - Fees, Payment, and Renewal
a. Automattic Fees
Fees for Paid Services. Some of our Services are offered for a fee, like certain
WordPress.com plans or Woo themes or extensions (collectively, “Paid Services”). This
section applies to any purchases of Paid Services.
By 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, revenuebased, 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 — you pay
us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
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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.
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.
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), cancel, or manage subscriptions in your settings (for
example, WordPress.com’s Manage Purchases page or Woo’s My Subscriptions page) or by
contacting 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.
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.
We 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.
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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 downloadable
content or of a customized nature, and (i) the service has not been fully performed, or (ii)
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 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 we have already
begun our services during the withdrawal period, you will pay us a prorated 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.
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.
b. Fees Collected by Website Owners
Fees Paid to Third-Party 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 WordPress.com website owner
(like a website subscription) 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
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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.
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. - 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. - General Representation and Warranty
Our 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:
Will be in strict accordance with the Agreement;
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);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of
illegal activities;
Will not infringe or misappropriate the intellectual property rights of Automattic or any
third party;
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;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates
in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or
otherwise attempting to derive the source code for the Services or any related
technology that is not open source; and
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Will not involve renting, leasing, loaning, selling, or reselling the Services or related
data without our consent. - Specific Service Terms
a. WordPress.com Websites and Accounts
WordPress.com enables you to create beautiful websites and blogs, and we would love for
you to use it. A WordPress.com account also allows you to sign into some of our other
Services.
WordPress.com’s basic service is free, and we offer paid plans that add advanced features
like a custom domain name, extra storage, and access to premium themes. We don’t own
your content, and you retain all ownership rights you have in the content you post to your
website. However, be responsible in what you publish. In particular, make sure that nothing
prohibited (like spam, viruses, or serious threats of violence) appears on your website.
If you find a WordPress.com website that you believe violates these Terms, please let us
know.
Your WordPress.com Website’s URL. If you create a website on WordPress.com, you get
free use of an Automattic-owned subdomain, like yourgroovysite.wordpress.com or
mollys.food.blog. You must not engage in “domain squatting,” claim an unreasonable number
of subdomains (as determined by us), or sell access to any subdomains.
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, 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 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.
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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, or the VideoPress Service Guidelines if you use our Services to upload videos.
These guidelines provide information on a few categories of content and behavior that we
don’t permit because we consider them harmful to the community.
HTTPS. We offer free HTTPS on all WordPress.com websites by default, including those
using custom domains, via Let’s Encrypt. 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 and domain 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.
Professional Email. Your use of Professional Email is subject to Titan’s (Flock FZLLC)
policies, including Titan’s Customer Terms of Use (for owners of the email subscription), End
User Terms of Use (for individuals granted access to mailboxes created by the subscription
owner), Acceptable Use Policy, and 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 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,
Key-Systems GmbH Registration Agreement, Tucows Domain Inc. Registration Agreement,
or this Domain Name Registration Agreement, in addition to these Terms. When you register
a domain, you’re presented with and must agree to the applicable domain registration
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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 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 under ICANN’s Registrar Accreditation Agreement and about domain name
registration generally.
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.
For information about fees associated with domain registrations, renewals, and redemptions,
please refer to the domain pricing and available TLDs page.
When 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 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 to be the owner of the domain, with full authority to manage it.
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, including our content guidelines 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.
If 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.
b. Woo
Woo 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.
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Your 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.
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.
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) 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.
Please 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.
c. WooPay
WooPay 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.
Sites 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 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 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.
Even 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.
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d. Jetpack
Jetpack 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. 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 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 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. 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 (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, 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.
e. Jetpack CRM
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Jetpack 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.
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) 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.
Reseller Program. If you use our white label option or participate in our Reseller Program,
which allows you to sell Jetpack CRM as your own product, and optionally under your own
branding, these Terms and Conditions apply. Our Reseller Program is priced based on the
number of copies you intend to sell. We don’t provide direct support for end users of any
licenses you sell as part of our Reseller Program. Unless you participate in our Reseller
Program, you’re not allowed to sell our system or extensions.
f. VaultPress
VaultPress is a subscription-based security and backup service for self-hosted WordPress
websites. VaultPress will back up your WordPress content (e.g., your WordPress database,
plugins, themes, and uploads, as well as some additional files, as described in this
introduction to VaultPress) (“VaultPress Content”).
Access. If you lose access to your WordPress.com account, you may not be able to access
your VaultPress Content.
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. Blaze
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Blaze enables you to advertise on some of the millions of pages across WordPress.com,
Tumblr, and sites enrolled in WordAds. If you use Blaze (which may be available through our
other Services), you must comply with our advertising policy.
h. Ecommerce Services
We offer Services via Woo, WordPress.com, and Jetpack that enable you to sell items
(goods, content, services, etc.), receive payments on your website, or otherwise earn money,
like WooPayments, WooPay, and the Payments feature (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. 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:
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.
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should not encourage customers to submit chargebacks.
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 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).
If you’re using Ecommerce Services, you must observe all Store Guidelines and, if
hosted on WordPress.com, the User Guidelines as well.
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.
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 (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. Please note that we have no obligation to reimburse or refund these revenue-based
fees when you issue refunds to your subscribers or customers.
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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. 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.
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 or PayPal to
collect payment or EasyPost 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 requires a Stripe account to manage payments, and when you use
Stripe, you agree to their terms and policies. Please note that third-party services may also
charge you fees to use or access their services, as Stripe does for Payments.
While we may license you relevant extensions, we’re not involved in any third-party services
tied to those extensions. We may, nonetheless, facilitate transactions or communication with
the third-party service provider. For example, we may, on your behalf, receive notices or
forms relating to your Stripe account.
Some 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.
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. 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.
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We 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.
You 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.
We may also offer you the ability to process certain transactions in-person through an inperson 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.
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 and Stripe Terminal Purchase Terms 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; 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, as applicable.
You’ll be responsible for all shipping and handling charges for the POS terminal specified
during the ordering process. We may restrict availability based on your region or limit the
quantity of POS terminals that you may order. We may reject any order at any time, in which
case, we’ll refund what you paid. Risk of loss for the POS terminal passes to you when the
shipping carrier receives the terminal from our drop shipper for delivery, and title will transfer
to you upon delivery. Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable for any delays in shipments.
Unless a refund is required by law, there are no refunds for POS terminals and all
transactions are final.
More on 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
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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;
You are bound to Google’s Terms of Service (because WooPay uses Google’s Places
API for a smoother checkout for your customers);
You will comply with any additional terms and conditions required by any third-party
services associated with your use of WooPay.
More on Shipping Services Specifically. Our shipping Services allow you to check
shipping rates or buy shipping labels from certain mailing services, like UPS, USPS, DHL,
and Canada Post. We’re only an intermediary between you and these third parties; we aren’t
involved in any way with your product or its shipment. We also don’t guarantee that the
results you obtain from the use of these services (like rates, labels, or delivery timeframes)
will be accurate or reliable.
You’re solely responsible for compliance with all applicable rules and regulations, including
domestic and international shipping and customs regulations and any regulations imposed
by the mailing service(s) you use.
If you use services provided by the US Postal Service (“USPS”):
You agree to comply with their shipping restrictions and mailing standards, among
others.
The following Privacy Act Statement applies to information you provide to USPS: Your
information will be used to facilitate the purchase of USPS postage and fulfill
transactional reporting requirements for USPS postage systems. Collection is
authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if
not provided, your transaction may not be processed. USPS does not disclose your
information to third parties without your consent except to facilitate the transaction, to
act on your behalf or request, or as legally required. This includes the following limited
circumstances: to a congressional office on your behalf; to financial entities regarding
financial transaction issues; to a US Postal Service (USPS) auditor; to entities,
including law enforcement, as required by law or in legal proceedings; and to
contractors and other entities aiding us to fulfill the service (service providers). For
more information regarding USPS privacy policies, visit
http://www.usps.com/privacypolicy
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When using DHL’s services, you are responsible for compliance with all applicable DHL rules
and terms, such as the DHL Express Terms and Conditions of Carriage.
In addition, you’re solely responsible for customs charges, import taxes or duties, and any
other charges related to your shipments. If we incur any charges as a result of your use of
the shipping services, you agree to reimburse us for the full amount within 7 days.
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. 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) in your store’s wpadmin 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.
i. Artificial Intelligence
We 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.
As 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”).
You’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 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. - 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
Copyright Policy and send us a notice.
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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, 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. - Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software,
embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals)
provided or manufactured by a third party or yourself (“Third-Party Services”). Certain ThirdParty Services will indicate that they are sold or licensed by Automattic with support provided
by Automattic.
If you use any Third-Party Services, you understand and agree that:
Third-Party Services aren’t vetted, endorsed, or controlled by Automattic.
Unless we have indicated that Automattic is providing support for it, any use of a ThirdParty Service is at your own risk, and we won’t be responsible or liable to you or
anyone else for Third-Party Services.
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”).
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 ThirdParty 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 ThirdParty Services.
If you have questions or concerns about how a Third-Party Service operates or need
support, contact the Third Party directly unless it is indicated that Automattic provides
support for it.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services
from your account or website.
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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 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. - Changes
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 canceling
any subscription you have. - Termination
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. - Disclaimers
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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. You understand that you download from,
or otherwise obtain content or services through, our Services at your own discretion and risk. - 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 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. - 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.
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 nonmaterial 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
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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. - 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 or applicable law, Content that you post, and any ecommerce activities
conducted through your or another user’s website. - 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, 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. - 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. - 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. - Miscellaneous
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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.
Thanks For Reading, and giving your consent. Niche Narrative.