Terms of Service

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1_Last Updated: November 22, 2021_
1_Last Updated: April 26, 2022_
22
33## The Gist
44
55We (the [folks at Automattic](https://automattic.com/about/)) are on a mission to make the web a better place. We hope you love our products and services - from website publishing tools to ecommerce solutions to security backup systems to management tools for distributed companies to the next great idea that we haven't even thought of yet - as much as we love creating them.
66
77These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. **These Terms include a mandatory arbitration provision in Section 16. If you don't agree to these Terms, don't use our services.**
88
99We've made these Terms available under a [Creative Commons Sharealike license](https://creativecommons.org/licenses/by-sa/4.0/), which means that you're more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, we'd appreciate a credit and link to Automattic somewhere on your website. You can grab a copy of these Terms and other legal documents on [GitHub](https://github.com/Automattic/legalmattic).
1010
1111## Terms of Service
1212
13These Terms govern your access to and use of the products and services we provide through or for [WordPress.com](https://wordpress.com/), [WooCommerce.com](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [Jetpack.com](https://jetpack.com/), [VaultPress.com](https://vaultpress.com/), [Happy.Tools](https://happy.tools/), [Jetpack CRM](https://jetpackcrm.com/), [MailPoet](http://mailpoet.com/), [WPScan.com](https://wpscan.com/), and [WordPress.com Courses](https://wpcourses.com/) (collectively, "Services").
13These Terms govern your access to and use of the products and services we provide through or for [WordPress.com](https://wordpress.com/), [WooCommerce.com](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [WooPay](https://pay.woo.com/), [Jetpack.com](https://jetpack.com/), [VaultPress.com](https://vaultpress.com/), [Happy.Tools](https://happy.tools/), [Jetpack CRM](https://jetpackcrm.com/), [MailPoet](http://mailpoet.com/), [WPScan.com](https://wpscan.com/), and [WordPress.com Courses](https://wpcourses.com/) (collectively, "Services").
1414
1515These 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.
1616
1717For some of Automattic's other products, services, and programs, such as [Akismet](https://akismet.com/), [Crowdsignal](https://crowdsignal.com/), [Newspack](https://newspack.pub/), [WordPress.com VIP](https://wpvip.com/), our [Affiliate Program](https://refer.wordpress.com/), and our [Refer-A-Friend Program](https://wordpress.com/refer-a-friend-program-terms-of-service/), additional or separate terms may apply.
1818
1919Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the "Agreement"). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
177177Your use of certain Services offered via WooCommerce.com or [WooCommerce Shipping & Tax](https://docs.woocommerce.com/document/woocommerce-services/), like those related to tax calculation, payment, and shipping, may require Jetpack to function. If you enable those features, the Jetpack-specific terms also apply.
178178
179179**Compatibility, access, updates, and support.** When you purchase Paid Services for WooCommerce, you'll receive access to any necessary downloads along with updates and support for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you'll need to renew your subscription if you'd like continued access to updates or support, or if you need to download any files again. Please see our [Support Policy](https://woocommerce.com/support-policy/) for more information.
180180
181181Please 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.
182182
183### c. Jetpack
183### c. WooPay
184184
185WooPay is a service that facilitates faster checkouts on sites using WooCommerce, by enabling you to save certain of your information to make purchases on those sites.
186
187Sites using WooCommerce may offer you the ability to use WooPay. If you elect to use WooPay, your payment method information will be saved for use on any site that has integrated WooPay. To take advantage of WooPay for future purchases, you must use the same web browser that you used to sign up for WooPay and must not have cleared your cookies (otherwise you may be required to re-enroll). You agree to follow any other steps we require to help verify your identity as part of the enrollment or purchase process, including via email or SMS text message confirmations. Enrolling in WooPay will create a WordPress.com account for you if you don't already have one. WooPay is designed to allow you to save certain information, such as shipping and payment information, for future purchases. You must keep your WooPay information accurate and up-to-date. You can update your WooPay information by accessing your [WooPay Dashboard](https://pay.woo.com/account/) using the email and phone number you signed up with. You should only use WooPay on a device that you own or control and it is your responsibility to prevent others from accessing your device's web browser to help prevent unauthorized purchases through WooPay.
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189Even 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.
190
191### d. Jetpack
192
185193Jetpack is a plugin that connects your website to WordPress.com's infrastructure to give you powerful WordPress.com features. To take advantage of the performance-boosting features of Jetpack, certain information about the Content, settings, and setup of your website are synced with our servers, as described on our [What Data Does Jetpack Sync? support page](https://jetpack.com/support/what-data-does-jetpack-sync/). Any content you publish on a self-hosted website connected to Jetpack ("Jetpack Content") remains under your ownership and control.
186194
187195**Features and Enhanced Distribution.** Jetpack includes various features, some of which are [on by default](https://jetpack.com/support/default-features/) when you activate Jetpack, and others that you need to enable manually. You can see your active features and choose which to activate or deactivate on your dashboard.
188196
189197The [Enhanced Distribution](https://jetpack.com/support/enhanced-distribution/) feature is on by default and adds your public Jetpack Content to the WordPress.com Firehose. If you leave this feature activated, you grant us permission to display your Jetpack Content on WordPress.com.
190198
191199**License.** By using Jetpack, you grant us access to your website's servers for the purpose of backing up, taking measures to protect and scanning your Jetpack Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). Jetpack may temporarily install extra software on your website to back up your website and scan it for security vulnerabilities. In order to address security vulnerabilities, we may automatically update your version of Jetpack or access your website to remove malicious code. We may also manually access your site to troubleshoot your support requests, or if there's an emergency. You agree that we may scan your website and compile aggregated/anonymized statistics for our internal use to optimize Jetpack's performance.
192200
193201You grant us a worldwide, royalty-free, transferable, sub-licensable, non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, publish, copy, and store Jetpack Content for the purpose of providing and improving our products and Services and promoting your websites. This license also allows us to make any publicly-posted Content available to select third parties (through [Firehose](https://developer.wordpress.com/docs/firehose/), for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
194202
195203**Prohibited Uses.** Your website and Jetpack Content must comply with [Jetpack's Service Guidelines](https://jetpack.com/service-guidelines/).
196204
197### d. Jetpack CRM
205### e. Jetpack CRM
198206
199207Jetpack 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.
200208
201209**Access, updates, and support.** When you purchase a Jetpack CRM Paid Service, you'll receive access to any necessary downloads along with updates and support (for which this [support policy applies](https://kb.jetpackcrm.com/jetpackcrm-support-policy/)) for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you'll need to renew your subscription if you'd like continued access to updates or support, or if you need to download any files again.
202210
203211**Reseller Program.** If you use our white label option or participate in our [Reseller Program](https://jetpackcrm.com/reseller/), which allows you to sell Jetpack CRM as your own product, and optionally under your own branding, these [Terms and Conditions](https://app.jetpackcrm.com/app/rebrandr/terms/) 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.
204212
205### e. VaultPress
213### f. VaultPress
206214
207215VaultPress 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](https://help.vaultpress.com/get-to-know/)) ("VaultPress Content").
208216
209217**Access.** If you lose access to your WordPress.com account, you may not be able to access your VaultPress Content.
210218
211219**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.
212220
213221You 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.
214222
215### f. Ecommerce Services
223### g. Ecommerce Services
216224
217There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), and [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, like [WooCommerce Payments](https://woocommerce.com/payments/), [Store](https://wordpress.com/support/store/), the [Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/), and the [Pay with PayPal block](https://wordpress.com/support/pay-with-paypal/) (collectively, "Ecommerce Services").
225There are certain features offered via [WooCommerce](https://woocommerce.com/), [WooCommerce Shipping & Tax](https://wordpress.org/plugins/woocommerce-services/), [WordPress.com](https://wordpress.com/), and [Jetpack](https://jetpack.com/) that enable you to sell items (goods, content, services, etc.) or receive payments on your website, like [WooCommerce Payments](https://woocommerce.com/payments/), [Store](https://wordpress.com/support/store/), the [Payments feature](https://wordpress.com/support/wordpress-editor/blocks/payments/), [WooPay](https://pay.woo.com/), and the [Pay with PayPal block](https://wordpress.com/support/pay-with-paypal/) (collectively, "Ecommerce Services").
218226
219227If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.
220228
221229**Your responsibilities.** You have control over your store, and with great power comes great responsibility. You're solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
222230
223231- We're not involved in your relationships or transactions with any customer or potential customer.
228236- You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
229237- You're responsible for acquiring appropriate consent to submit charges through WooCommerce Payments on your customers' behalf, giving customers confirmation or receipts for each charge, verifying customers' identities, and determining a customer's eligibility and authority to complete transactions.
230238- If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
231239- If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
232240- You're financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
233241- You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
242- You're responsible for investigating any transaction you believe may be erroneous, suspicious, prohibited by law, or otherwise poses unacceptable compliance risks to us or you and, if appropriate, obtaining adequate information and assurances from your customer before fulfilling or completing the transaction.
243- You're solely responsible for ensuring that your transactions with customers comply with applicable export, import, and sanctions laws and regulations, including obtaining any required licenses or other authorizations or making required filings.
234244- 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.
235245
236246**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:
237247
238- Ecommerce 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).
248- Ecommerce Services cannot be used in, from, by, or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on [sanctions lists identified by the United States Office of Foreign Asset Control (OFAC)](https://www.treasury.gov/resource-center/sanctions).
239249- If you're using Ecommerce Services on WordPress.com, you must observe all WordPress.com [User Guidelines](https://en.support.wordpress.com/user-guidelines/) and [Store Guidelines](https://en.support.wordpress.com/store-guidelines/).
240250- If you're using Ecommerce Services to sell CBD and other hemp-derived products via WooCommerce, you must follow the [WooCommerce Guidelines for CBD and Other Hemp-Derived Products](https://docs.woocommerce.com/document/woocommerce-cbd/).
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242252We 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.
243253
244254**Fees and Negative Balances.** In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a [percentage](https://wordpress.com/support/wordpress-editor/blocks/payments/) (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, you authorize Stripe to direct payment of that percentage to us. As another example, if you use WooCommerce Payments, there are [transaction fees and dispute fees](https://docs.woocommerce.com/document/payments/faq/fees/). Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers.
266276If you receive a POS terminal, you agree to: (a) use it for your own lawful commercial purposes only, and not for any personal, family, or household use; (b) the [Stripe Terminal Services Terms](https://stripe.com/terminal/legal) and [Stripe Terminal Purchase Terms](https://stripe.com/terminal-purchase/legal) as applicable; (c) comply with all applicable international and national laws and regulations, including applicable customs or export control laws or regulations; (d) use it only within the country that we shipped it to, except that you may use a terminal that was shipped to the European Economic Area in another country in the European Economic Area, if that country is [supported](https://stripe.com/docs/terminal/readers/placing-orders); and (e) if you obtain equipment, software, or accessories branded by Verifone and shipped to you to an address in the United Kingdom or European Economic Area, you agree to comply with the [Verifone Minimum Terms](https://stripe.com/us/verifone/legal), as applicable.
267277
268278You'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.
269279
270280Unless a refund is required by law, there are no refunds for POS terminals and all transactions are final.
271281
282**More on WooPay Specifically.** When you use WooCommerce Payments, WooPay may be available as a checkout option on your checkout page unless you remove it from your checkout options through your administrative controls. WooPay may not be available in all languages or jurisdictions, and we make no representation that WooPay is available for use in all locations or for all products or services. The use of saved WooPay information for a transaction does not change your obligations relating to the transaction, and we make no representations or warranties that the saved WooPay information is accurate or that the WooPay user is authorized to use any payment information they saved with WooPay. You acknowledge and agree that we are not and do not become a party to the transaction between you and your customer as a result of the use of WooPay and that we will not be responsible for any aspect of the products or services that you sell. By enabling WooPay on your site, you acknowledge that we may collect and process information about you, your customers, and your orders pursuant to our [privacy policy](https://automattic.com/privacy/). You will comply with any additional terms and conditions required by any third-party services associated with your use of WooPay.
283
272284**More on Shipping Services Specifically.** Our shipping Services allow you to check shipping rates or buy shipping labels from certain mailing services, like [UPS](https://www.ups.com/), [USPS](https://www.usps.com/), [DHL](https://www.dhl.com/), and [Canada Post](https://www.canadapost.ca/). We're only an intermediary between you and these third parties; we aren't involved in any way with your product or its shipment. We also don't guarantee that the results you obtain from the use of these services (like rates, labels, or delivery timeframes) will be accurate or reliable.
273285
274286You'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. For example:
275287
276288- If you use USPS postage, you need to comply with their [shipping restrictions](https://www.usps.com/ship/shipping-restrictions.htm) and [mailing standards](http://pe.usps.com/text/dmm300/dmm300_landing.htm), among others.
277289- When using DHL's services, you are responsible for compliance with all applicable [DHL rules and terms](http://www.dhl-usa.com/), such as the DHL Express Terms and Conditions of Carriage.
337349## 18\. Indemnification
338350
339351You 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.
340352
341353## 19\. US Economic Sanctions
342354
343You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
355You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as [OFAC's Specially Designated Nationals and Persons List](https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists), or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Automattic to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
344356
345357## 20\. Data Processing Agreement
346358
347359If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please follow [these instructions](https://en.support.wordpress.com/automattic-gdpr/data-processing-agreements/).
348360
349361## 21\. Translation
353365## 22\. Miscellaneous
354366
355367The 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.
356368
357369Automattic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
358370
359[Print friendly version](https://en.support.files.wordpress.com/2022/01/tos-11-22-21.pdf)
371[Print friendly version](https://wpcom.files.wordpress.com/2022/05/wordpress.com-terms-of-service-wordpresscom.pdf)
360372
361373[**Change log**](https://wordpress.com/tos-change-log)