Please note that these legacy Product Terms apply only to Order Forms entered into prior to September 1, 2022. Order Forms entered into on or after September 1, 2022 are generally governed by the WordPress VIP Terms of Service.

Product Terms

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  1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms have the following meanings:  

    Analytics” means the Service that aggregates, organizes, and generates Reports derived from data collected from Customer Monitored Domains and Applications.

    Analytics Reports” means the Analytics reports regarding the Customer Monitored Domains and Applications as prepared by for Customer resulting from Customer’s use of the Services.

    Confidential Information” means all written or oral information, disclosed by one Party (“Disclosing Party“) to the other Party (“Receiving Party“), related to the business, products, services, or operations of the Disclosing Party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential, including inventions, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, designs and techniques, and information regarding products, marketing, business plans, budgets, financial statements, contracts, prices, suppliers and agents. As to, Confidential Information includes, without limitation, the Code, Documentation, the Reports, the features and functionality of the Services (both current and planned), any pricing information provided to Customer, and the terms of this Agreement.

    Currents” means the Service that anonymizes, aggregates, organizes, and generates Reports derived from data collected from Participating Customers in the Network.

    Currents Reports” means the Currents reports regarding the Network as prepared by for Customer.

    Customer Data” means data provided by Customer and collected by from Customer Monitored Domains and Applications in its performance of the Service.

    Customer Monitored Domains and Applications” means the domain(s) or application(s) specified in an order form between and Customer (“Order Form“) that are owned by Customer and for which Services will be provided by pursuant to this Agreement.

    Data” means any data used in connection with this Agreement, including Customer Data.

    Documentation” means the user guides and any support material with respect to the Services provided to Customer by  

    Monitored Domains and Applications” means the domains and applications monitored by one or more Services throughout the Network. Code” means’s proprietary tracking code that is installed on web pages of the Monitored Domains or installed into the software of the Monitored Applications for the purpose of collecting Participating Customers’ Data), together with any fixes, updates, and upgrades provided by Network” means the network of Participating Customers’ domains and applications monitored by one or more Services. Services” means one or more services and features offered by to its customers, including without limitation the services and features described on the Website or in an Order Form pursuant to this Agreement. Website” means the website operated by at the URLs,, or any successor site designates, through which the Services, including Reports, may be made available to Customer.

    Participating Customers” means both Analytics customers and Currents customers who allow the Services to aggregate, organize and generate Reports derived from data collected through such customers’ Monitored Domains and Applications.

    Party” means each of and/or Customer (collectively, the “Parties”).

    Reports” means Analytics Reports and Currents Reports, when used collectively or interchangeably.
  2. Provision of Service; Licenses.
    1. License Grant.
      1. Participating Customers. (applicable only to Participating Customers.) Subject to the terms and conditions of the Agreement, grants to Customer during the Term a limited, non-exclusive, non-transferable license: (i) to install, copy, and use the Code, solely in conformance with the Documentation and solely as necessary to operate the Services; (ii) to reproduce and use the Documentation solely as necessary to operate the Services; and (iii) to access, view and download Reports through the Website solely for the purpose of operating and managing the Customer Monitored Domains and Applications.
      2. Currents Customer. (applicable only to customers subscribed to Currents.) Subject to the terms and conditions of the Agreement, grants to Customer during the Term a limited, non-exclusive, non-transferable license: to access, view and download Currents Reports, as provided by
    2. Registration, User Names and Passwords. To register for the Service, Customer must complete the registration process by providing with current, complete, and accurate information as prompted by the registration form, including a user name and password (“Access Protocols“). The Access Protocols may also include utilizing a third-party authentication provider. Customer may authorize others to access Customer’s account by creating separate Access Protocols for them and associating the Access Protocols with Customer’s account. will rely on the Access Protocols as a method to authenticate authorized users. Unless otherwise provided for in an Order Form, such Access Protocols shall be created for and provided to a human individual user only. Any Access Protocols that are no longer in use by such individual for whom Customer created such Access Protocols must be disabled immediately upon the earlier of (i) such individual is no longer utilizing that individual’s Access Protocols, (ii) such individual has not utilized their Access Protocols for longer than ninety (90) consecutive days, or (iii) this Agreement is terminated in accordance with Section 8 herein. Accordingly, Customer will be responsible for the security of the Access Protocols and be responsible for all activity carried out under Customer’s account using associated user names and passwords. Customer agrees to notify immediately of any known unauthorized use of the Access Protocols or any other known or suspected breach of security.
    3. Customer Data. (Applicable only to Participating Customers.) Except for the rights provided pursuant to this Agreement, Customer owns and retains all intellectual property rights in and to the Customer Data and reserves all right, title, and interest in the Customer Data. Customer hereby grants to (and those works with) a royalty-free, transferrable, sub-licensable, perpetual, and irrevocable worldwide license to use, store, aggregate, reformat, reproduce, transfer, display, disclose, modify, and distribute the Customer Data: (a) during the Term of this Agreement for the purpose of operating, providing and improving the Services; and (b) on a perpetual basis, for the creation and distribution of derivative works, reports and compilations of aggregated data and/or statistics such as reports on Internet trends, provided, however, in any such derivative works, reports and compilations of aggregated data and/or statistics, will maintain the confidentiality of Customer Data and will not publish Customer-specific statistics, but only aggregated trends/rankings and/or references to public Internet content.
    4. Proprietary Rights; Feedback. Except for the limited, express license and access grant provided to Customer pursuant to this Agreement, and its licensors own and retain all intellectual property rights in and to the Code, the Website, the Documentation, the Reports, the Services, including the underlying structure, functions, methods of operation, and ideas relating to the Services, and any and all processes, methods, algorithms, derivative works, aggregations, compilations, data or software developed or created based on, derived from, or incorporating, in whole or in part, any Data, including any and all enhancements or modifications thereto. reserves all right, title and interest in all of the foregoing. may, in its sole discretion, utilize, in any manner deems appropriate, all comments and suggestions, whether written or oral, furnished by Customer to in connection with Customer’s access to and use of the Services (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the “Feedback“). Customer assigns to all right, title and interest, including all intellectual property rights, in and to the Feedback
    5. Modifications to the Services. reserves the right to change, modify, add to, discontinue, or retire any aspect or feature of the Services at any time without notice. From time to time, may, but is under no obligation to, release upgrades, fixes or new versions of the Services, although these upgrades may not be consistent across all platforms and devices.
  3. Obligations of Customer.
    1. Customer agrees to comply with all reasonable requests necessary for its operation of the Services during the Term, including the inclusion of the Code on each page of the Customer Monitored Domains, the integration of the Code in the Customer Monitored Applications, and making available the content using the method reasonably designates.
    2. Customer agrees that Customer will not, nor will it permit anyone else to: (a) adapt, alter, modify, improve, translate, or create derivative works of the Code or the Services, including without limitation any Reports (except as authorized herein); (b) attempt to access or download the technology used by to provide the Services (other than the Code as provided by for Customer to use the Services) or reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Services; (c) provide any third party access to the Services or use the Services on behalf of any third party, including as part of a time-sharing, outsourcing or service bureau environment; (d) transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the operation of the Services; (e) attempt to test the vulnerability of the Services or’s system or network or circumvent any security or authentication measures protecting the Services; (f) remove any proprietary notices or labels in the Reports or the Data; (g) use the Services in any manner detrimental to, including any use of the Code, Services, Documentation, Reports, or Data for the purpose of creating or improving any services or technology that performs similar functions or is competitive with
  4. Fees; Payment Terms. Customer will pay all fees set forth in the applicable Order Form in a timely manner. The access fees set forth in the Order Form exclude all applicable sales, use, and other taxes arising from the provision of the Services or this Agreement (“Sales Taxes“). Customer will be responsible for payment of all Sales Taxes (excluding those based on’s net income), regardless of whether’s invoices include them. Unless otherwise expressly provided in the Order Form or this Agreement, all payments will be made in U.S. Dollars and within thirty (30) days after’s invoice date and are non-refundable. Any portion of the fees that is not paid when due will accrue interest at one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
  5. Publicity; Trademarks. Unless Customer objects in writing, may publicly refer to Customer, including on’s website and in sales presentations, as a customer and may use Customer’s name and company logo for such purposes. In addition, may publicly state, including on its website and in presentations, that Customer is integrated with (as such integration can be determined based on publicly available information on Customer’s website). Similarly, unless objects in writing, Customer may publicly refer to as a vendor, including on Customer’s website and in sales presentations, and Customer may use’s name and logo for such purposes. Each Party is granted a limited, revocable right to use the other Party’s trademarks for such purposes, subject to any trademark usage guidelines provided by the other Party. All goodwill arising from use of a Party’s trademark will be solely for the benefit of that Party.
  6. Privacy
    1. Privacy Statements. Each Party will maintain and make available on its respective websites a statement of privacy practices, which privacy statements comply with applicable laws, rules, and regulations, including (for end users in the European Union) disclosing clearly, and obtaining consent to, any data collection, sharing and usage that takes place on any of the Monitored Domains and Applications. The current version of’s privacy statement is located at (or such other web address that may provide from time to time).
    2. Modifications to Privacy Statement. may at any time modify and make changes to its privacy statement, including to comply with applicable laws, rules, and regulations. Any change to its privacy statement under this Section will apply to Customer beginning thirty (30) days after the date of written or email notice to Customer of such changes.
    3. Personal Data
      1. Definitions. As used in this Section 6.3, the terms “Controller“, “Data Subject“, “Personal Data“, “Personal Data Breach“, “Process“, “Processor” and “Subcontractor” shall have the same meanings as in the EU General Data Protection Regulation 2016/679 (“GDPR“), and their cognate terms shall be construed accordingly.
      2. shall process Personal Data of Users solely on behalf of Customer for the purpose of providing the Services and as expressly authorized under these Terms and Conditions (inclusive of these Terms and Conditions and the applicable Order Form), and not for any other purpose or in any other manner, unless specifically instructed by Customer in writing to do so, or as required by applicable law. When Processes Personal Data for or on behalf of Customer, agrees:
        1. Not to disclose or transfer Personal Data to any third party without Customer’s prior express written consent, except where such disclosure or transfer is:
          1. To a subcontractor that, prior to such disclosure, has (1) agreed by written contract to be bound by obligations no less onerous than the obligations set out in these Terms and Conditions, and (2) undergone a thorough assessment for compliance with these obligations conducted by and agreed to be assessed periodically by; or
          2. To an affiliate, in which case will require the affiliate to provide at least the same level of protection for the Personal Data as is required by under this Section; or
          3. Required by applicable law
        2. To notify Customer without undue delay following’s receipt of requests from individuals exercising rights under the GDPR or other data protection laws applicable to Customer (such as rights to rectify, erase or block Personal Data) relating to Personal Data that Processes for or on behalf of Customer. By appropriate technical and organizational measures, insofar as this is possible, taking into account the nature of the Processing, agrees to assist Customer in fulfilling its obligations to respond to such communications and comply with applicable law.
        3. To take appropriate technical and organizational security measures to adequately protect Customer’s and its Personal Data of Users against misuse and loss in accordance with the Agreement and applicable law.
        4. To regularly train personnel responsible for processing Personal Data of Users about the obligations set forth in this Agreement, to provide an appropriate level of supervision and guidance to such personnel (including background checks where permitted by law), and to enforce disciplinary policies for personnel who fail to comply with those obligations;
      3. Customer represents and warrants to that it has obtained or established, or shall have obtained or established prior to any Processing of Personal Data under this Agreement, all rights or lawful basis reasonably required to Process, and to authorize to Process on Customer’s behalf, Personal Data of Users as contemplated by this Agreement.
      4. shall, without undue delay, inform Customer in the event of any actual or reasonably suspected Personal Data Breach that may involve Personal Data of Users.
      5. shall maintain and update at least annually a Personal Data Breach incident response plan that complies in all respects with applicable laws and industry best practices for companies Processing the types of Personal Data that will Process in connection with the Agreement.
        1. Retention and Return of Personal Data. shall retain Personal Data for only as long as is necessary to provide the Services or as required by applicable law. shall, consistent with Customer’s directions, return, delete or destroy all Personal Data that obtains in connection with the Agreement, including all originals and copies of such Personal Data in any medium, and any materials derived from or incorporating such Personal Data, upon the termination or expiration of the Agreement.
  7. Confidential Information. During the Term of this Agreement, each Receiving Party will have access to the Disclosing Party’s Confidential Information. Except as otherwise expressly permitted in writing, each Receiving Party agrees with respect to the Disclosing Party’s Confidential Information as follows: (a) to not use the Confidential Information for any purpose other than exercising its rights and performing its obligations as described herein; (b) it will take no less than commercially reasonable measures to protect the secrecy of, and avoid disclosure and unauthorized use of, the Confidential Information; and (c) to restrict access to the Confidential Information to such of its personnel, agents, counsel and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement (each a “Representative“). Each Receiving Party will be liable for the acts and omissions of its Representatives with respect to the Disclosing Party’s Confidential Information. The provisions of this Section will not apply to Confidential Information that: (i) is or becomes publicly available or enters the public domain through no fault of the Receiving Party; (ii) is already in the Receiving Party’s possession without any confidentiality obligations; or (iii) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. Each Receiving Party may disclose Confidential Information to the limited extent required: (1) by securities laws or regulations, or (2) in order to comply with applicable law, regulation or court order, provided that the Receiving Party will first have given written notice to the Disclosing Party, and provides reasonable cooperation to the Disclosing Party (at Disclosing Party’s sole expense) in Disclosing Party’s efforts to obtain a protective order or other reliable assurance that confidential treatment will be provided to such Confidential Information. In the event the Disclosing Party fails to obtain a protective order, or otherwise waives its rights to obtain such protective order, Receiving Party shall only disclose Confidential Information that its legal counsel advises is required to be disclosed, and after consulting with Disclosing Party regarding the required Confidential Information to be disclosed. Notwithstanding the foregoing, no such notice shall be required in respect of disclosures of the Confidential Information to financial regulatory authorities having jurisdiction over the Receiving Party in connection with routine regulatory audits, unless the requests by such regulatory authorities are specifically targeted at the Confidential Information or the Disclosing Party, provided that the Disclosing Party shall use commercially reasonable efforts to ensure that such authority treats such information confidentially.
  8. Term and Termination.
    1. Term; Renewals.
      1. Customers with an Order Form. The initial term of this Agreement (the “Initial Term“) will be set forth in the applicable Order Form. Any subscription to a Service will automatically renew (each, a “Renewal Term“), for a term equal to the then current Term, as provided in the applicable Order Form, unless (x) either Party provides to the other Party prior notice of termination in accordance with the applicable Order Form, or (y) this Agreement is otherwise terminated in accordance with this Section 8. Together, the Initial Term and each Renewal Term may be defined as the “Term“.
      2. Customers without an Order Form. The Initial Term will commence on the date Customer begins using the Services, and will remain in force and effect for so long as Customer keeps using the Services, unless (x) either Party provides no less than 10-days prior written notice to the other Party of its intention to terminate the subscription to the Services, or (y) this Agreement is otherwise terminated in accordance with this Section 8.
    2. Termination. Unless otherwise provided for in the applicable Order Form, either Party may terminate this Agreement for cause if the other Party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days of written notice. also has the right to terminate this Agreement immediately in its sole discretion if believes that Customer may violate or has violated any term or condition of this Agreement or may engage or has engaged in any activities that are or may be detrimental to
    3. Effect of Termination. Upon termination or expiration of this Agreement for any reason, Customer must immediately cease all access to and use of the Services and delete the Code from Customer’s systems and pages and otherwise in Customer’s possession or control and, upon request, send written confirmation of such deletion, certified by a senior company official, to Sections 1, 2.3, 2.4, 3.2, and 6 through 12 will survive any expiration or termination of this Agreement.
  10. Indemnification
    1. Each Party (the “Indemnifying Party“) agrees to indemnify, defend and hold harmless the other Party or any of its officers, directors, employees, agents or affiliates (the “Indemnified Party“), at the Indemnifying Party’s expense, against any and all third-party actions, proceedings, suits and claims brought against such Indemnified Party, and all related costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and other litigation expenses) incurred by the Indemnified Party arising out of or relating to the Indemnifying Party’s (i) breach of any term or condition of this Agreement, (ii) use of the Services as a customer, (iii) violations of applicable laws, rules or regulations in connection with the Services, or (iv) logos or other trademarks. The foregoing indemnification obligation shall not apply to with respect to any claim arising out of, relating to or in connection with (a) Customer’s use of the Services not in accordance with this Agreement or the Documentation or (b) other breach of this Agreement by Customer.
    2. Each Indemnified Party will provide the Indemnifying Party with written notice and control of the defense and/or settlement of any such claim and will reasonably cooperate in the defense of such claim. reserves the right to assume control of the defense of any claim subject to indemnification by Customer if reasonably believes Customer is failing (or is threatening to fail) to adequately defend against such claim.
  11. Limitation of Liability. To the maximum extent permitted by applicable law, in no event will be liable for any incidental, indirect, special, consequential, exemplary, or punitive damages or for any lost profits, costs of delay, failure of delivery, or business interruption, even if has been advised of the possibility of such damages and regardless of the nature of any claims, including claims in contract, tort, or strict liability. Without limiting the foregoing, and regardless of the nature of any claims (including claims in contract, tort, or strict liability),’s cumulative liability for all claims arising from, relating to or in connection with this Agreement or the Services will not exceed the amount of fees paid to for the Services giving rise to the claim, in the twelve (12) months preceding the date the first claim arises hereunder. These limitations apply without regard to whether other provisions of this Agreement have been breached or whether any limited remedy herein is held to fail of its essential purpose.
  12. General
    1. Assignment. This Agreement cannot be assigned by either Customer or without the prior written consent of the other; provided, however, that may assign this Agreement to an affiliate or to any person or entity that acquires by sale, merger or otherwise all or substantially all of its assets, stock or business. Any attempted assignment in violation of this Section 12.1 will be null, void and of no effect.
    2. Governing Law; Disputes. This Agreement will be governed by the laws of the State of New York, without reference to conflicts of law principles that would require the application of the laws of any other state. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this Agreement. Any dispute, controversy or claim arising out of or relating to this Agreement will be made exclusively in the state or federal courts located in New York, New York, and both Parties hereby submit to the jurisdiction and venue of such courts.
    3. Remedies. Each Party acknowledges that any actual or threatened breach of Section 3 or 7 will result in immediate, irreparable harm to the other Party for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. If any legal action is brought to enforce this Agreement, the prevailing Party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.
    4. Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    5. Severability. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
    6. No Third Party Beneficiaries. The Parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the Parties, their successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the Parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.
    7. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when sent, if transmitted by e-mail (provided that notice is followed up by another method permitted under this Section, unless receipt is otherwise confirmed); the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Each Party will give notice to the other Party at the address set forth in the applicable Order Form, as updated from time to time (or last known address).
    8. Construction. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”
    9. Force Majeure. Any delay in the performance of any duties or obligations of either Party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, fire, earthquake, flood, telecommunications blackouts or failures, acts of terrorism, civil disorder or any other event beyond the control of such Party. The affected Party will use reasonable efforts, under the circumstances, to notify the other Party of the circumstances causing the delay and to resume performance as soon as possible. Without limiting the foregoing, Customer acknowledges that the Services may be unavailable from time to time for maintenance and such unavailability will not be considered a breach of this Agreement, provided that will use reasonable efforts to provide written notice (including by email) prior to any scheduled service disruption.
    10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both Parties.

Last Updated: July 23, 2019