Terms of Service
Last Updated: June 25, 2021
The Gist
We (the folks at Automattic) 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. These 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. We’ve made these Terms available under a Creative Commons Sharealike license, 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.
Terms of Service
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, and MailPoet (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, like the websites that our users create on WordPress.com. Please note though that the operators of those websites may also have their own separate terms of use. 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 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)
We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it. Fees and Negative Balances. In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a percentage (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, you authorize Stripe to direct payment of that percentage to us. As another example, if you use WooCommerce Payments, there are transaction fees and dispute fees. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers. If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees. Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes in transactions — for example, tax calculations may be provided by TaxJar — you shouldn’t rely solely on these features. We work to keep our documents and tools up-to-date, but tax laws change rapidly; and we can’t guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge. If we’re obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you’re responsible for these Taxes, and we may collect payment for them from you. Third-Party Services. You may decide to use third-party services, like Stripe or PayPal to collect payment, TaxJar to calculate Taxes, or EasyPost to manage shipping. Please note that WooCommerce Payments is powered by Stripe. If you use WooCommerce Payments or any third-party services, some of your — and your customers’ — data may be submitted directly to or passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, Payments requires a Stripe account to manage payments, and when you use Stripe, you agree to their terms and policies. Please note that third-party services may also charge you fees to use or access their services, as Stripe does for Payments. We’re not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your Stripe account. Some of these third party services (like TaxJar, if you use Store) may be enabled by default, but you can disable them before launching your store if you don’t want to use them. More on WooCommerce Payments Specifically. As part of WooCommerce Payments, we may use certain third parties to fulfill our obligations to you, including integrating with payment processing third parties. You may be subject to the terms and conditions of those third parties, and using WooCommerce Payments means you agree to comply with those terms and conditions. In particular, you cannot use WooCommerce Payments to enable any person (including you) to benefit from restricted businesses or activities. If we use another third party to fulfill these services, you authorize us to share your payment method information with an alternative third-party payment processor that is or will be integrated into WooCommerce Payments. We may refuse, condition, or suspend any transaction or account (including your use of WooCommerce Payments) if we believe you have violated this Agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion. You authorize us to share data relating to WooCommerce Payments with the applicable payment processing third party for their use in accordance with their privacy policy. Please refer to our privacy policy for details on how we otherwise collect, use, and disclose data made available to us as part of WooCommerce Payments.
We may also offer you the ability to process certain transactions in-person through our In-Person Payments feature. As part of this feature, we may provide you with a point-of-sale (POS) terminal. These POS terminals are manufactured by third parties and are provided “as-is.”
More on Shipping Services Specifically. Our shipping Services allow you to check shipping rates or buy shipping labels from certain mailing services, like UPS, USPS, DHL, and Canada Post. We’re only an intermediary between you and these third parties; we aren’t involved in any way with your product or its shipment. We also don’t guarantee that the results you obtain from the use of these services (like rates, labels, or delivery timeframes) will be accurate or reliable. You’re solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and any regulations imposed by the mailing service(s) you use. For example:
11. Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed 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.
- Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
17. Limitation of Liability
In 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 its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
18. Indemnification
You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.