“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 [Company Name] Services
If you reside outside of the Designated Countries: [Company Name]
If you reside in the Designated Countries: [Company 2 Name]
We refer to [Company Name], [Company 2 Name] collectively as “[Company Name]” or “we” throughout these Terms.
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.
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.
Fees for Paid Services. Some of our Services are offered for a fee, like [Service 1], [Service 2] (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 [Company Name] 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 [Company Name] Paid Services by visiting your [Account Page Link]. For more information about how [Company Name] subscriptions work, please see our [Support Page]. 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 [Company Name] plans through your [Company Name] [Account Page]. To cancel a [Company Name] plan, go to your [Account Page], then follow the instructions to cancel the subscription or turn off auto-renew. 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 [Service A] [Service B]). 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.
Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints. Automatic Renewal. Any recurring payments you make to a website owner are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing website subscription, you’ll be automatically charged by the website owner once each year. You can view the renewal dates for your website subscriptions on your Other Site Payments page. Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscriptions as described here at your Other Site Payments page. Click on the payment you want to cancel and follow the instructions. Repeat this process for each website subscription you want to cancel. Refunds. We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
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.
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 [Company Name] 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.
There are certain features offered via [Company Name] that enable you to sell items (goods, content, services, etc.) or receive payments on your website, like [Ecommerce Service] [Ecommerce Service 2] (collectively, “Ecommerce Services”). If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use. Your responsibilities. You have control over your store, and with great power comes great responsibility. 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:
We’re not involved in your relationships or transactions with any customer or potential customer.
You may only use Ecommerce Services for legitimate transactions with your customers.
You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to offer subscribers a new post each week for contributing to your site via Payments, but aren’t sure if you’ll be able to post that frequently, you should be clear that weekly posts are a goal and not a guarantee.
You’re responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.
You’re responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.
You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
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.
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.
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.
You’re financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
You agree to promptly notify us via email if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:
Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
If you’re using Ecommerce Services to sell CBD and other hemp-derived products via WooCommerce, you must follow the WooCommerce Guidelines for CBD and Other Hemp-Derived Products.
We may also offer you the ability to process certain transactions in-person through an in-person payments feature. As part of this feature, you may purchase or we may provide you with a point-of-sale (POS) terminal. These POS terminals are manufactured by third parties and are provided “as-is” and “with all faults.” Neither we or the third-party manufacturer offers you any warranty on these products.
If you receive a POS terminal, you agree to: (a) use it for your own lawful commercial purposes only, and not for any personal, family, or household use; (b) the Stripe Terminal Services Terms and Stripe Terminal Purchase Terms as applicable; (c) comply with all applicable international and national laws and regulations, including applicable customs or export control laws or regulations; (d) use it only within the country that we shipped it to, except that you may use a terminal that was shipped to the European Economic Area in another country in the European Economic Area, if that country is supported; and (e) if you obtain equipment, software, or accessories branded by Verifone and shipped to you to an address in the United Kingdom or European Economic Area, you agree to comply with the Verifone Minimum Terms, as applicable.
You’ll be responsible for all shipping and handling charges for the POS terminal specified during the ordering process. We may restrict availability based on your region or limit the quantity of POS terminals that you may order. We may reject any order at any time, in which case, we’ll refund what you paid. Risk of loss for the POS terminal passes to you when the shipping carrier receives the terminal from our drop shipper for delivery, and title will transfer to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Unless a refund is required by law, there are no refunds for POS terminals and all transactions are final.
More on 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:
When using DHL’s services, you are responsible for compliance with all applicable DHL rules and terms, such as the DHL Express Terms and Conditions of Carriage.
In addition, you’re solely responsible for customs charges, import taxes or duties, and any other charges related to your shipments. If we incur any charges as a result of your use of the shipping services, you agree to reimburse us for the full amount within 7 days. In some cases, you may need to pay fees to the carrier directly, like if you use UPS shipping labels. In other cases, you authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you provide in your WordPress.com account, which you can view and manage as described on the Payments Methods support page. If you have multiple payment methods, you can select which should be used for the shipping label service. If we’re unable to collect payment from you for these fees, you’ll be responsible for payment within 7 days; please contact us to make payment. Refunds for unused shipping labels must be requested (like so for USPS) in your store’s wp-admin within 30 days of creating the label. Depending on your bank and the third party involved, it can take up to 45 days for your refund to be issued. If you don’t receive your refund within this time frame, please contact us. You may not transfer or sell postage and/or shipping labels to a third party.
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.
The Agreement doesn’t transfer any [Company Name] or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between [Company Name] and you) solely with [Company Name]. [Company Name] and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of [Company Name] (or [Company Name]’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 [Company Name] or third-party trademarks.
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.
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 [Company Name], or if [Company Name] 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 [Company Name] 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.” [Company Name] 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 [Company Name], 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.
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.
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.
In no event will [Company Name], 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 [Company Name] under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. [Company Name] 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 [Company Name], 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.
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.
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 [Company Name] 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. [Company Name] may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent. These Terms of Service are an adaptation of the open source terms of service created by Automattic and can be found on their github.