These Terms govern your access to and use of the products and services we provide through or for WordPress.com, WooCommerce.com, WooCommerce Shipping & Tax, Jetpack.com, VaultPress.com, Happy.Tools, Jetpack CRM, MailPoet, WPScan.com, and WordPress.com Courses (collectively, “Services”).
For some of Automattic’s other products, services, and programs, such as Akismet, Crowdsignal, Newspack, WordPress.com VIP, our Affiliate Program, and our Refer-A-Friend Program, additional or separate terms may apply.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI).
All Automattic Services (except WooCommerce)
- If you reside outside of the Designated Countries: Automattic Inc.
- If you reside in the Designated Countries: Aut O’Mattic A8C Ireland Ltd.
WooCommerce Services includes WooCommerce, WooCommerce Payments, WooCommerce Shipping, MailPoet, and any products or services purchased from WooCommerce.com.
- If you reside outside of the Designated Countries: WooCommerce, Inc.
- If you reside in the Designated Countries: WooCommerce Ireland Ltd.
We refer to Automattic Inc., Aut O’Mattic A8C Ireland Ltd., WooCommerce, Inc., and WooCommerce Ireland Ltd. collectively as “Automattic” or “we” throughout these Terms.
2. Your Account
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.
3. 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.
4. 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:
- 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.
5. Fees, Payment, and Renewal
a. Automattic Fees
Fees for Paid Services. Some of our Services are offered for a fee, like WordPress.com plans, WooCommerce themes or extensions, Jetpack plans, Jetpack CRM bundles, VaultPress plans, Happy Tools, MailPoet plans, the Payments feature, WooCommerce Payments, Email, and domain registration and renewal (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for the Payments feature — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
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.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a WordPress.com plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s) and manage subscriptions for WordPress.com Paid Services by visiting your Manage Purchases page. For more information about how WordPress.com subscriptions work, please see our Manage Purchases, Renewals & Cancellations support page.
You can view your renewal date(s) and manage subscriptions for WooCommerce Paid Services by visiting your My Subscriptions page. For more information about how WooCommerce subscriptions work, please see our FAQs about WooCommerce.com subscriptions.
To review renewal dates and manage subscriptions for any other Paid Services, please consult the respective Service’s website or contact the support team.
You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your WordPress.com plans through your WordPress.com Manage Purchases page. To cancel a WordPress.com plan, go to your Manage Purchases page, click on the plan you want to cancel, then follow the instructions to cancel the subscription or turn off auto-renew.
For WooCommerce Paid Services, you can turn off auto-renew for each active subscription at your My Subscriptions page.
If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.
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.
No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation (for example, our Quick Start sessions). For instance, this may mean that if you don’t show up or are late for a scheduled session, you’ll still be charged and won’t be entitled to a refund.
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 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.
7. 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, 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
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
WooCommerce is an open source, customizable ecommerce platform. The Services we offer at WooCommerce.com give you the power to sell your products and services in whatever way your business needs.
Your use of certain Services offered via WooCommerce.com or WooCommerce Shipping & Tax, 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.
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 for more information.
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.
Jetpack is a plugin that connects your website to WordPress.com’s infrastructure to give you powerful WordPress.com features. To take advantage of the performance-boosting features of Jetpack, certain information about the Content, settings, and setup of your website are synced with our servers, as described on our What Data Does Jetpack Sync? support page. 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 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.
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.
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.
d. Jetpack CRM
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.
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.
9. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
10. Intellectual Property
The Agreement doesn’t transfer any Automattic or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Automattic and you) solely with Automattic. Automattic, WordPress, WordPress.com, WooCommerce, Jetpack, VaultPress, Happy Tools, Jetpack CRM, MailPoet, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Automattic (or Automattic’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Automattic or third-party trademarks.
11. Third-Party Services
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”).
If you use any Third-Party Services, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by Automattic.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Automattic, or if Automattic posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Automattic policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
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.
Our Services are provided “as is.” Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.
16. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
17. Limitation of Liability
In no event will Automattic, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
19. US Economic Sanctions
You 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.
20. 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.
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.
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.
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