Terms of Service

20200301_rev01 · COMPARED WITH 20200201_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20200201_rev01 to 20200301_rev01

2525We use the term "Designated Countries" to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in the European continent. If you reside in the "Designated Countries," your Agreement is with Aut O'Mattic A8C Ireland Ltd. If you reside outside of the "Designated Countries," your Agreement is with Automattic Inc.
2626
2727We refer to Aut O'Mattic A8C Ireland Ltd. and Automattic Inc. collectively as "Automattic" or "we" throughout these Terms.
2828
2929## 2\. Your Account
3030
31Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
31Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
3232
3333You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
3434
3535You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3636
3737When you create a WordPress.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry - if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.
5959- We disclaim any responsibility for any harm resulting from non-Automattic websites.
6060
6161## 5\. Fees, Payment, and Renewal
6262
6363### a. Automattic Fees
6464
65**Fees for Paid Services.** Some of our Services are offered for a fee, such as Happy Tools, Jetpack plans, WordPress.com plans, and some Ecommerce Services (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees (for example, [Jetpack fees](https://jetpack.com/pricing/), [VaultPress fees](https://vaultpress.com/plans/), [WordPress.com fees](https://wordpress.com/pricing/), and fees associated with specific features, such as [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/) and [domain name registration and renewal](https://en.support.wordpress.com/domains/domain-pricing-and-available-tlds/)). Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), 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 Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/) for your website's subscriptions - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
65**Fees for Paid Services.** Some of our Services are offered for a fee, such as Happy Tools, Jetpack plans, WordPress.com plans, and some Ecommerce Services (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees (for example, [Jetpack fees](https://jetpack.com/pricing/), [VaultPress fees](https://vaultpress.com/plans/), [WordPress.com fees](https://wordpress.com/pricing/), and fees associated with specific features, such as [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), [WooCommerce Payments](https://docs.woocommerce.com/document/payments/faq/fees/), and [domain name registration and renewal](https://en.support.wordpress.com/domains/domain-pricing-and-available-tlds/)). Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), 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 Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/) for your website's subscriptions - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
6666
6767**Taxes.** To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
6868
6969**Payment.** If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
7070
71**Automatic Renewal.** To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a WordPress.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your [Manage Purchases page](https://wordpress.com/me/purchases). For more information about how WordPress.com subscriptions work, please see our [Manage Purchases, Renewals & Cancellations support page](https://en.support.wordpress.com/manage-purchases/).
71**Automatic Renewal.** To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a WordPress.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for WordPress.com Paid Services by visiting your [Manage Purchases page](https://wordpress.com/me/purchases). For more information about how WordPress.com subscriptions work, please see our [Manage Purchases, Renewals & Cancellations support page](https://en.support.wordpress.com/manage-purchases/).
7272
7373**Cancelling Automatic Renewal.** You can manage and cancel your Paid Services at the respective Service's site. For example, you can manage all of your WordPress.com plans through your WordPress.com [Manage Purchases page](https://wordpress.com/me/purchases). To cancel a WordPress.com plan, go to your [Manage Purchases page](https://wordpress.com/me/purchases), click on the plan you wish to cancel, then follow the instructions to "cancel the subscription." You must repeat this process for each subscription you wish to cancel.
7474
7575**Fee Changes.** We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you must cancel your Paid Service.
7676
7777**No-Show Policy.** We may have a "no-show policy" for some Paid Services (for example, for our [Quick Start sessions](https://en.support.wordpress.com/concierge-support/)), which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.
9090
9191## 6\. General Representation and Warranty
9292
9393You represent and warrant that your use of our Services:
9494
9595- Will be in strict accordance with these Terms;
96- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
96- 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);
9797- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
9898- Will not infringe or misappropriate the intellectual property rights of any third party;
9999- Will not overburden Automattic's systems, as determined by us in our sole discretion;
100100- Will not disclose sensitive personal information of others;
101101- Will not be used to send spam or bulk unsolicited messages;
102102- Will not interfere with, disrupt, or attack any service or network; and
147147Jetpack is a plugin that connects your self-hosted WordPress website to WordPress.com's infrastructure to give you powerful WordPress.com features.
148148
149149**Jetpack Content.** You're fully responsible for the content of any website you own that runs Jetpack ("Jetpack Content").
150150
151151**Features.** Jetpack includes various features, and you can visit Jetpack.com to learn more about them. Some features, like Enhanced Distribution, when activated, will include your Jetpack Content in [Firehose](https://developer.wordpress.com/docs/firehose/). By activating these features, you grant us permission to display your Jetpack Content on WordPress.com for the purpose of distributing and promoting your website. Some features are on by default and others you need to enable manually. You can see which features are active, and activate and deactivate features, on your dashboard.
152152
153**License.** By using Jetpack, you grant us access to your website's servers for the purpose of backing up and securing 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 backup your website and scan it for security vulnerabilities. In order to address security vulnerabilities, we may push an upgrade to your website or access your website to remove malicious code. We may also manually access your site if there's an emergency or to troubleshoot your support requests.
153**License.** By using Jetpack, you grant us access to your website's servers for the purpose of backing up and securing 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 backup your website and scan it for security vulnerabilities. In order to address security vulnerabilities, we may push an upgrade to your website 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.
154154
155155You agree that we may scan your website, and compile aggregated/anonymized statistics for our internal use to optimize Jetpack's performance. By submitting Content to Automattic for inclusion on your website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license also allows Automattic to make any publicly-posted Content available to third parties selected by Automattic (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.
156156
157157**Storage of Information.** Certain Jetpack features rely on WordPress.com servers to function, such as those that allow you to send email, publish links, relate posts to each other, or resize images. To take advantage of the performance boosting features of Jetpack, certain information about the Content, settings, and setup of your website are synced with our servers, as described on our [What Data Does Jetpack Sync? support page](https://jetpack.com/support/what-data-does-jetpack-sync/).
158158
159159**Prohibited Uses.** Your website and Jetpack Content must comply with [Jetpack's Service Guidelines](https://jetpack.com/service-guidelines/).
178178
179179- Modify, decompile, reverse engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of Happy Tools; or
180180- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make Happy Tools available to any third party, other than your authorized users.
181181
182182### e. Ecommerce Services
183183
184There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Services](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), or [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or collect payments on your website, such as Store, Simple Payments, and Recurring Payments (collectively, "Ecommerce Services"). If you use WooCommerce, the [WooCommerce Use Terms](https://woocommerce.com/terms-conditions/) also apply.
184There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Services](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), or [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, such as WooCommerce Payments, Store, Simple Payments, and Recurring Payments (collectively, "Ecommerce Services"). If you use WooCommerce, the [WooCommerce Use Terms](https://woocommerce.com/terms-conditions/) also apply.
185185
186If you use any Ecommerce Services, you represent and warrant that any information you provide about your business, products, and services is accurate, complete, and will be kept current. You agree to promptly notify us via [email](mailto:legal@wordpress.com) if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.
187
186188**Usage of Information.** WooCommerce Services may require Automattic's servers, a connection to our partners, and/or data from your website, to work, as described on our ["What Data Does Jetpack Sync?" support page](https://jetpack.com/support/what-data-does-jetpack-sync/).
187189
188**Prohibited Uses.** You may not use Ecommerce Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Services or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms. If you're using Ecommerce Services on WordPress.com, you must not violate our [User Guidelines](https://en.support.wordpress.com/user-guidelines/) or [Store Guidelines](https://en.support.wordpress.com/store-guidelines/).
190**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.
189191
190**Third Party Services.** You may choose to set up and/or use third party services, such as [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. If you do so, be aware that some of your - and your customers' - data may be passed to the respective third party, and the respective third party's terms of service, privacy policy, and other policies may apply. For example, if you use [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), you must create or use an existing Stripe account to manage payments, and by using 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, for example, [as Stripe does for Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/).
192Ecommerce Services cannot be used in 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).
191193
192We are not involved in these relationships, but may facilitate communication in some cases. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.
194If you're using Ecommerce Services on WordPress.com, you must not violate our [User Guidelines](https://en.support.wordpress.com/user-guidelines/) or [Store Guidelines](https://en.support.wordpress.com/store-guidelines/). If you're using Ecommerce Services to sell CBD and other hemp-derived products, you must not violate the [WooCommerce Guidelines for CBD and Other Hemp-Derived Products](https://docs.woocommerce.com/document/woocommerce-cbd/).
193195
196We may terminate your access to Ecommerce 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 is in violation of these Terms, or if a payment processor or regulatory authority directs us to do so.
197
198**Third Party Services.** You may choose to set up and/or use third party services, such as [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, if you use [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), you must create or use an existing Stripe account to manage payments, and by using 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, for example, [as Stripe does for Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/).
199
200We are 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.
201
194202Please note that some of these third party services (like TaxJar if you use [Store](https://en.support.wordpress.com/store/)) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them.
195203
196**Fees.** In some cases, you pay us a percentage (which may vary) of the revenue you generate through Ecommerce Services. These revenue-based fees are ongoing. For example, for Recurring Payments, you pay us a [percentage (which depends on your plan)](https://en.support.wordpress.com/recurring-payments-button/) of the revenue your website generates through Recurring Payments; you authorize Stripe to direct payment of that percentage to us. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers.
204**More on WooCommerce Payments Specifically.** WooCommerce Payments is integrated with Stripe, a third party that provides payment processing and related functions for your site. If you use WooCommerce Payments, you are entering into an agreement with Stripe subject to [Stripe's Connected Account Agreement](https://stripe.com/connect-account/legal), [Stripe's Services Agreement](https://stripe.com/ssa), and any other terms and policies incorporated by reference in those agreements (collectively, the "Stripe Agreement"). The Stripe Agreement is separate from these Terms. We are not a party to the Stripe Agreement and will not be liable or responsible for the services provided by Stripe. If Stripe discontinues providing these services through WooCommerce Payments, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into WooCommerce Payments.
197205
206You agree to comply with the Stripe Agreement. In particular, you may not use the WooCommerce Payments to enable any person (including you) to benefit from any activities Stripe has identified as a [restricted business or activity](https://stripe.com/restricted-businesses).
207
208We may refuse, condition, or suspend any transaction or account (including your use of WooCommerce Payments) if we believe you have violated these Terms or if we believe your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
209
210You authorize us to share data relating to WooCommerce Payments with Stripe for their use in accordance with Stripe's 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.
211
212**Fees.** In some cases, you pay us fees relating to the Ecommerce Services you use. For example, for Recurring Payments, you pay us a [percentage](https://en.support.wordpress.com/recurring-payments-button/) (which depends on your plan) of the revenue your website generates through Recurring Payments; 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.
213
198214**Tax Calculations.** You 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, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided by TaxJar, if you are using Store) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not 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 subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
199215
200216If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
201217
202218**Shipping Services.** Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as [USPS](https://www.usps.com/) and [Canada Post](https://www.canadapost.ca/). We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
203219
208224You 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 have provided 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 are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
209225
210226Refunds for unused shipping labels must be requested in your store's wp-admin within 30 days of creating the label. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven't received your refund within this time frame, please contact us.
211227
212228You may not transfer or sell postage and/or shipping labels to a third party.
213229
214**Your Responsibilities.** You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
230**Your Responsibilities.** You may only use Ecommerce Services for legitimate transactions with your customers. You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
215231
216- You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
217- You should use your best judgment when establishing and managing your [website's subscriptions](https://en.support.wordpress.com/recurring-payments-button/) or [collecting payments](https://en.support.wordpress.com/simple-payments/), setting expectations appropriately, and fulfilling any commitments you've made. For example, if you'd like to promise your visitors or subscribers a new post each week, but aren't sure if you'll be able to post that frequently, you should make it clear that it's a goal and not a guarantee.
218232- We are not involved in your relationships or transactions with any customer or potential customer.
219- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
220- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale, payment, or website subscription.
233- You should use your best judgment. For example, you may not want to accept check payments if you're not comfortable sharing your mailing address with customers.
234- You must accurately communicate transactions, set expectations appropriately, and fulfill all promises, representations, or warranties you've made. For example, if you'd like to provide your visitors or subscribers with a new post each week for contributing to your site via [Recurring Payments](https://en.support.wordpress.com/recurring-payments-button/), but aren't sure if you'll be able to post that frequently, you should make it clear that it's a goal and not a guarantee.
235- You are responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and any other ancillary services you provide to your customers.
236- You are responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so that customers may contact you with questions or complaints.
237- You will maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
238- You are responsible for acquiring appropriate consent to submit charges through WooCommerce Payments on your customers' behalf, providing confirmation or receipts to customers for each charge, verifying customers' identities, and determining a customer's eligibility and authority to complete transactions.
239- If you believe that a transaction is erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
240- If you have transactions with individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices ("UDAAP").
241- You are financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
221242
222243## 8\. Copyright Infringement and DMCA Policy
223244
224245As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Automattic product or service violates your copyright, please notify us in accordance with [Automattic's Digital Millennium Copyright Act ("DMCA") Policy](https://automattic.com/dmca-notice/). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Automattic or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
225246
226247## 9\. Intellectual Property
269290## 16\. Arbitration Agreement
270291
271292Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys' fees.
272293
273294## 17\. Limitation of Liability
274295
275In no event will Automattic, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
296In no event will Automattic, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
276297
277298## 18\. Indemnification
278299
279You 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, Content that you post, and any ecommerce activities conducted through your or another user's website.
300You 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.
280301
281302## 19\. US Economic Sanctions
282303
283304You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
284305
285306## 20\. Data Processing Agreement
293314## 22\. Miscellaneous
294315
295316The Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. 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.
296317
297318You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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299[Print friendly version](https://en.support.files.wordpress.com/2020/01/wordpress.com-tos-01-30-2020.pdf)
320[Print friendly version](https://en.support.files.wordpress.com/2020/02/tos-02-21-20.pdf)
300321
301322[**Change log**](https://wordpress.com/tos-change-log)