2u

Summary of Changes

The diff states that approximately 1,458 words were removed from the document, but it does not identify which provisions were deleted.

AI Training and Customer Data

• No specific AI-training language is shown.
• Because the deleted text is not provided, it is not possible to determine whether the agreement previously:
• Allowed or prohibited using customer data to train AI or machine-learning models;
• Required customer consent for such use;
• Limited training to aggregated, anonymized, or de-identified data;
• Restricted use of customer prompts, inputs, outputs, or personal information;
• Addressed whether data would be retained for model improvement;
• Required the provider to opt the customer out of AI training; or
• Applied confidentiality, deletion, security, or ownership protections to training data.

Potential Legal Risks

The deletion of approximately 1,458 words could materially affect the agreement, particularly if the removed provisions covered:

• Data-use rights: The customer may have fewer express restrictions on secondary use of its data.
• AI model training: A prior prohibition, consent requirement, or opt-out right may have been removed.
• Confidentiality: Important limits on disclosure or use of customer information may no longer apply.
• Ownership and licensing: Deleted language may have clarified who owns customer data, outputs, or model-related improvements.
• Security and privacy: Data-protection obligations, breach responsibilities, or compliance commitments may have been reduced.
• Deletion and retention: The customer may have lost rights requiring return or deletion of data.
• Liability and remedies: Deleted indemnities, warranties, audit rights, or liability protections could increase the customer’s exposure.

Overall Assessment

The provided diff is insufficient to determine the substantive legal effect of the change. The principal concern is that the removal may have eliminated customer protections or limitations on the provider’s use of data, including for AI training. The deleted text should be reviewed before approval, with particular attention to provisions addressing customer data, model training, confidentiality, privacy, retention, ownership, and liability.

Summary of Important Changes and Risks

1. Website, contracting entity, and scope

• The terms are rewritten as an introduction governing access to and use of the 2U.com Website, including its content, information, and functionality.
• 2U, LLC is identified as administering the Website and as the parent company of edX.
• The agreement now expressly applies to both using and accessing the Website, and incorporates the Privacy Policy, supplemental terms, legal notices, and other communications by reference.

Risk: Users may be bound by documents outside the Terms of Use, including policies or notices that may be changed separately.

2. Unilateral changes to terms

• 2U expressly reserves the right to modify or change the Terms without notice.
• Continued Website use is subject to the version posted at the time of use.

Risk: Users may become bound by materially revised terms without individualized notice or affirmative acceptance. This may be particularly significant for privacy, dispute-resolution, or liability provisions.

3. Privacy and use of personal information

• The prior copyright-notice language is replaced with a general statement that privacy is important and that the Privacy Policy explains how 2U may collect and use information from and about users when they visit the Website.
• The Terms do not themselves specify categories of data collected, retention periods, sharing practices, or user rights.

AI-training analysis: The diff contains no express authorization or prohibition concerning the use of customer/user data to train, fine-tune, evaluate, or improve AI models. It also does not state whether Website data, communications, uploaded information, or usage data may be used for AI training. Any such use would therefore need to be assessed under the separately incorporated Privacy Policy and applicable notices. The absence of a clear AI-specific provision creates uncertainty and may present consent, transparency, confidentiality, and regulatory risks.

4. Electronic communications and consent

• Providing an email address, phone number, or other contact point constitutes agreement to receive communications from 2U, including communications relating to university programs.
• Electronic communications, including terms, notices, disclosures, and agreements, satisfy legal writing requirements.

Risk: This creates broad consent for electronic communications and may support delivery of legally significant notices electronically. It does not clearly distinguish transactional communications from marketing communications or describe opt-out rights.

5. Intellectual property and permitted use

• The materials covered are expanded to include text, designs, logos, graphics, pictures, information, data, software, documentation, technology, sound files, and other files.
• Users receive only a limited right to view, access, download, or print materials for personal, educational, and non-commercial use.
• Reproduction, public display, distribution, modification, commercial use, or other unauthorized use is prohibited.

Risk: The revised language is more specific and restrictive, potentially limiting educational, organizational, automated, or commercial use of Website content.

6. Eligibility and user conduct

• Users represent that they are at least 18 and capable of agreeing to the Terms.
• New or clarified restrictions prohibit automated collection or interaction, impersonation or misrepresentation, and publishing third-party private information.

7. DMCA and general legal provisions

• The DMCA procedure is restored or expanded, including required notice contents and a designated Copyright Agent.
• The Terms retain broad disclaimers, liability limitations, indemnification, Virginia governing law, Arlington County venue, and an individual-litigation/no-class-action requirement.

Overall assessment: The most important commercial risks are unilateral amendment without notice, broad incorporation of the Privacy Policy, broad electronic-communications consent, and uncertainty regarding AI-data use.

Summary of Legal Changes

Key Change

• Approximately 1,458 words have been removed from the document.
• No replacement language or details of the deleted provisions were provided.
• Because the deleted text is not shown, it is not possible to determine precisely which rights, obligations, limitations, or protections have changed.

Potential Legal Impact

The removal of a substantial portion of the agreement may:

• Eliminate customer protections, warranties, or service commitments.
• Remove restrictions on the provider’s use or disclosure of information.
• Change liability allocation, indemnities, limitation-of-liability provisions, or termination rights.
• Remove confidentiality, security, data-retention, deletion, or breach-notification obligations.
• Create ambiguity if the remaining provisions refer to concepts defined in the deleted text.
• Shift risk to the customer if obligations that previously constrained the provider have been removed.

AI Training and Customer Data

• The provided diff does not identify whether any AI-training provisions were added, deleted, or modified.
• However, because approximately 1,458 words were removed, the deleted material could have included provisions addressing:
• Whether customer data, prompts, inputs, outputs, or usage data may be used to train or fine-tune AI models.
• Whether data is used for provider-wide model improvement or only to provide the contracted services.
• Opt-out or consent requirements.
• De-identification, aggregation, or anonymization standards.
• Human review or annotation of customer data.
• Retention and deletion of data used for training.
• Ownership of and rights in model outputs or improvements.
• Restrictions on using confidential, personal, or regulated information for training.

Risk Assessment

Risk level: Indeterminate, potentially high. The absence of the deleted language prevents confirmation that customer data remains protected from AI training or secondary use. If the removed provisions previously prohibited or restricted model training, their deletion could materially expand the provider’s rights. Conversely, the deleted text may have been redundant or replaced elsewhere in the full agreement.

Recommended Review

Obtain the complete before-and-after versions, or a line-by-line redline showing the deleted text. Specifically search for terms such as “train,” “training,” “fine-tune,” “improve,” “model,” “machine learning,” “inputs,” “customer data,” “usage data,” “de-identified,” “aggregated,” “retain,” and “delete.” Until reviewed, do not assume that customer data is excluded from AI model training or product-improvement activities.

Summary of Important Changes

1. Scope, parties, and acceptance

• The Terms are rewritten from a narrow “Terms of Use” notice into comprehensive terms governing access to the 2U.com Website, including its content, information, and functionality.
• The website is described as administered by 2U, LLC, identified as the parent company of edX. This may clarify or change which entity is contracting with the user.
• The Terms now expressly incorporate the Privacy Policy, supplemental terms, legal notices, and other communications by reference.
• Use of or access to the Website constitutes agreement to the Terms. Users are told to stop accessing the Website if they do not agree.

Risk: Incorporation by reference may bind users to documents they have not separately reviewed, including future supplemental terms.

2. Unilateral modifications

• 2U expressly reserves the right to modify or change the Terms without notice.
• Continued use is subject to the version posted on the Website at the time of use.

Risk: Users may be bound by materially changed terms without affirmative notice or renewed consent. Businesses should monitor the posted version and preserve copies.

3. Privacy and data use

• The revised Terms add a section stating that privacy is important and that the Privacy Policy explains how 2U may collect and use information from and about users when they visit the Website.
• No express provision in this diff authorizes 2U to use customer data, user content, prompts, submissions, or Website activity to train, fine-tune, evaluate, or improve AI models.
• The Terms also do not provide an AI-specific opt-out, deletion right, restriction, retention commitment, or assurance that data will not be used for model training.

Risk: The practical scope of data use depends on the separately incorporated Privacy Policy. That policy should be reviewed specifically for AI-training language, service-provider permissions, de-identification, aggregation, and rights to opt out.

4. Electronic communications

• Providing an email address, phone number, or other contact information constitutes agreement to receive electronic or telephone communications concerning university programs offered through 2U.
• Communications and notices may satisfy legal writing requirements.

Risk: This creates broad consent to communications, potentially including marketing or recruitment messages. The Terms do not clearly distinguish transactional from promotional communications or explain withdrawal procedures.

5. Intellectual property and permitted use

• The revised provisions broaden “Materials” to include text, designs, data, software, documentation, technology, audio, files, and their arrangement.
• Users receive only a limited right to view, access, download, or print Materials for personal, educational, and noncommercial purposes.
• Modification, reproduction, public display, distribution, commercial use, or other unauthorized use is prohibited.

Risk: The restrictions are broad and may limit educational, research, sharing, or automated uses that users might otherwise assume are permitted.

6. User restrictions and legal protections

New or expanded provisions address:

• Minimum age of 18;
• Prohibitions on scraping and automated interaction;
• Impersonation and misrepresentation;
• Publishing third-party private information;
• DMCA notice procedures;
• Broad disclaimers, liability limitations, Virginia governing law, Arlington County venue, class-action waiver, and indemnification.

Risk: The class-action waiver, forum selection, broad indemnity, and extensive liability exclusions materially limit user remedies.

Executive Summary

The diff appears to replace much of the prior 2U Website Terms of Use with a substantially different text. However, the markup is highly repetitive and appears technically corrupted: provisions from a DMCA copyright notice have been inserted into the introductory language, and many former clauses appear to be deleted or displaced. The final published version should be verified before relying on it.

Important Changes and Risks

1. No express AI-training provision identified

• The diff contains no clear provision authorizing 2U to use customer/user data to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.
• It also contains no apparent prohibition on such use.
• The revised text does prohibit automated scripts from collecting information from or interacting with the Website, but that is an anti-scraping rule—not an AI-training or data-use restriction.
• Any AI-related rights may instead be located in the incorporated Privacy Policy, which should be reviewed separately. The diff does not clearly preserve the previous language incorporating the Privacy Policy and supplemental terms, although the document may still do so elsewhere.

2. Major restructuring and possible drafting error

• The opening “Terms of Use” language appears to have been replaced by DMCA notice requirements, including copyright signatures, identification of works, contact information, and statements under penalty of perjury.
• This creates a serious risk that the document is internally incoherent or incorrectly assembled.
• The DMCA language identifies privacy@2u.com as the copyright-agent email address, which may be inappropriate for infringement notices and could create operational or legal-compliance problems.

3. New eligibility requirement

• Users now represent that they are at least 18 years old and capable of agreeing to the Terms.
• This may restrict access by minors and creates potential enforcement and misrepresentation issues.

4. Expanded user conduct restrictions

Users may not:

• Use the Website unlawfully or in a manner deemed inappropriate by 2U in its sole discretion;
• Damage, disable, overburden, or impair the Website;
• Use automated scripts to collect information or interact with the Website;
• Impersonate others or misrepresent age, qualifications, or affiliations; or
• Publish third-party private information, including addresses, phone numbers, email addresses, Social Security numbers, and credit-card numbers.

These provisions increase 2U’s discretion to suspend or challenge user activity and may restrict legitimate data-extraction, accessibility, research, or automated-use cases.

5. Intellectual-property enforcement strengthened

• The revised language emphasizes that 2U’s trademarks and other intellectual property are protected and that misuse will be enforced “to the fullest extent of the law.”
• The apparent prior personal, educational, and non-commercial materials license may have been deleted or narrowed. Confirm whether any express user license remains.

6. Communications and privacy language altered

• Prior language concerning electronic communications, email, and telephone contact appears to have been replaced or distorted.
• The revised document should be checked for whether it still provides consent to marketing or electronic communications and whether that consent is consistent with applicable privacy and telemarketing laws.

Recommended Action

Obtain and review the clean, final Terms and the Privacy Policy together. In particular, confirm data-use rights, AI-training language, user-content licenses, communications consent, liability limitations, dispute procedures, and the intended DMCA contact information.

Summary of Important Changes

1. Scope and Contracting Entity

• The Terms are rewritten from what appears to be a DMCA/copyright-notice document into general Website Terms of Use.
• The Website is now defined as the 2U.com domain, administered by 2U, LLC, identified as edX’s parent company.
• The Terms expressly apply to use of or access to the Website, including its content, information, and functionality.
• Use or access constitutes agreement to the Terms, the Privacy Policy, supplemental terms, legal notices, and other communications incorporated by reference.

Risk: Users may be bound by additional documents that are not reproduced in the Terms, particularly the Privacy Policy and any supplemental terms.

2. Unilateral Changes

• 2U expressly reserves the right to modify or change the Terms without notice.
• Continued use is subject to the version posted on the Website at the time of use.

Risk: Users may become bound by materially different terms without individualized notice or an express re-acceptance requirement.

3. Privacy and Data Use

• A new privacy section states that the Privacy Policy explains how 2U may collect and use information “from and about” users when they visit the Website.
• The Privacy Policy is incorporated into the Terms and forms part of the agreement.

AI training: The provided diff does not expressly state that customer or user data will be used to train, fine-tune, evaluate, or improve AI models. It also does not grant an explicit license to use user content for AI training. However, the broad reference to information 2U may collect and use leaves the relevant details to the Privacy Policy, which should be reviewed separately for:

• AI training or model-improvement rights;
• use of submitted content, prompts, communications, or behavioral data;
• sharing with vendors or affiliates;
• retention, de-identification, or aggregation; and
• opt-out or deletion rights.

4. Communications and Electronic Consent

• Providing an email address, phone number, or other contact information constitutes consent to communications from or on behalf of 2U, including electronically or by phone.
• Electronic communications are deemed to satisfy legal writing requirements.

Risk: This may authorize broad marketing, service, and legal communications. The provision does not clearly distinguish transactional communications from promotional communications or explain consent withdrawal.

5. Materials and Intellectual Property

• The Terms replace a narrow trademark provision with a broader definition of “Materials,” covering text, designs, data, software, documentation, technology, audio, files, and their arrangement.
• Users receive only a limited right to view, access, download, or print Materials for personal, educational, and non-commercial use.
• Reproduction, public display, distribution, modification, commercial use, or other unauthorized use is prohibited.

Risk: The restrictions are broad and may limit copying, educational reuse, scraping, publication, or commercial analysis of Website content.

6. User Restrictions and Liability

• New conduct rules prohibit unlawful or inappropriate use, automated collection, impersonation, misrepresentation, and publication of third-party private information.
• The Terms add broad warranty disclaimers, liability limitations, indemnification obligations, Virginia governing law, Arlington County venue, and an individual-litigation/no-class-action requirement.

Risk: These provisions substantially favor 2U and may limit available remedies, although enforceability depends on applicable law.

Structured Summary of Important Changes

1. Apparent document corruption or wholesale substitution

The diff does not appear to show a conventional, coherent revision. Large portions of the original 2U Website Terms of Use are replaced with text from a Digital Millennium Copyright Act (DMCA) notice procedure, including:

• Copyright-owner signature requirements
• Identification of copyrighted and allegedly infringing works
• Copyright-owner contact information
• Good-faith and penalty-of-perjury statements
• A designated Copyright Agent and mailing address

This DMCA language is inserted into the opening provisions and appears repeatedly throughout the document. As presented, the resulting document may be internally inconsistent, incomplete, or legally unusable.

Risk: Users may be unable to determine which provisions govern website access, privacy, communications, liability, dispute resolution, or intellectual-property use. The document should be checked against the intended final version before publication.

2. Removal or displacement of core user terms

The diff appears to delete or displace substantial provisions concerning:

• Agreement to the Terms of Use
• Incorporation of the Privacy Policy
• Website communications and consent to electronic communications
• Use of website materials
• Accuracy disclaimers
• Third-party links
• Warranty disclaimers
• Limitation of liability
• Virginia governing law and venue
• Indemnification
• Severability and entire-agreement provisions

Some replacement text later reintroduces intellectual-property, eligibility, and user-conduct sections, but the structure is substantially disrupted.

Risk: Important protections for 2U may be missing, while users may challenge enforceability because notice, assent, governing law, and contractual completeness are unclear.

3. Intellectual-property and DMCA provisions

The revised text adds or restores detailed copyright and trademark protections, including:

• A formal DMCA notice process
• Stronger statements reserving trademark rights
• Prohibitions on unauthorized use
• Restrictions on copying, public display, distribution, and commercial use
• A prohibition on misuse “to the fullest extent of the law”

Risk: The designated-agent information should be verified. The phrase “written submissions of alleged infringements of alleged infringements” appears erroneous and should be corrected.

4. New eligibility and conduct restrictions

The revised language adds that users:

• Must be at least 18 and legally capable of agreeing
• May not use the website unlawfully or inappropriately, as determined by 2U’s sole discretion
• May not use automated scripts or scrape/interact with the website
• May not impersonate others or misrepresent qualifications
• May not publish third-party private information, including financial information

Risks: The “sole discretion” standard is broad and potentially vague. The 18+ requirement may conflict with the website’s actual audience or applicable privacy/consent requirements.

5. AI-model training and customer data

No express provision concerning AI, machine learning, model training, model improvement, prompts, inputs, outputs, or use of customer data to train AI models appears in the diff.

The removal or displacement of the Privacy Policy reference is nevertheless significant because any AI-data-use terms may exist there or in supplemental terms. The revised Terms should expressly state whether customer data, user content, communications, or website activity may be used for AI training, and should identify applicable opt-out, deletion, confidentiality, and retention rights.

Summary of Available Changes

The provided diff states only:

> “Added approximately 1458 words to the document”

No actual contract language, additions, deletions, or replacements were included. As a result, the legal and commercial impact of the changes cannot be determined.

AI Training and Customer Data

The supplied information does not identify whether the new language:

• Permits or prohibits using customer data to train AI models;
• Allows use of customer content, prompts, inputs, outputs, metadata, or usage data for training;
• Applies training rights to the provider, its affiliates, contractors, or third-party model providers;
• Uses customer data for model improvement, analytics, benchmarking, or product development;
• Requires anonymization, aggregation, de-identification, or consent;
• Provides an opt-out mechanism;
• Limits use to models that serve the customer versus general-purpose or shared models;
• Addresses retention or deletion of data used in training; or
• Allocates intellectual-property, confidentiality, privacy, or regulatory risk associated with AI training.

Important Limitation

Because the substantive text is missing, it is not possible to identify:

• New customer obligations;
• Expanded provider rights;
• Changes to liability, indemnities, warranties, or confidentiality;
• Changes to data ownership or licensing;
• New termination or suspension rights;
• Changes to security, privacy, or data-transfer terms; or
• Any conflict with existing provisions.

Required Information

Please provide the actual redlined text, including the portions marked with {additions}, [deletions], and []{replacements}. The 1,458 newly added words are necessary to conduct a meaningful legal review, particularly of any provisions concerning customer data and AI model training.

Structured Summary of Important Changes

1. Apparent Replacement With Unrelated DMCA and Website Terms

The diff appears highly corrupted or improperly aligned. Large portions of the original 2U Terms of Use are replaced with text from a Digital Millennium Copyright Act (DMCA) notice procedure, intellectual-property provisions, eligibility rules, user conduct terms, disclaimers, and dispute provisions.

This creates substantial uncertainty about what the operative agreement actually says. Before adoption, the document should be reconstructed and reviewed as a clean, continuous version.

2. Scope of Agreement and Incorporated Policies

• The original language governed use of the 2U Website and incorporated the Privacy Policy, supplemental terms, legal notices, and other communications.
• The replacement text largely removes or displaces this introductory framework and instead begins with DMCA notice requirements.
• If the Privacy Policy is no longer clearly incorporated, data-use rights may be governed only by the separate Privacy Policy or other policies, creating uncertainty about contractual enforceability.
• Conversely, if the Privacy Policy remains incorporated, customers may be bound by terms that can potentially be changed separately from the Terms of Use.

3. Customer Data and AI-Model Training

No express provision concerning AI, machine learning, generative AI, model training, model improvement, or use of customer data to train AI models appears in the diff.

Accordingly:

• The diff does not clearly grant or restrict 2U’s right to use customer data for AI training.
• There is no stated limitation on using personal information, user submissions, communications, usage data, or educational information as training data.
• There is no express exclusion of confidential, sensitive, student, financial, or personally identifiable information from model-training datasets.
• There are no provisions addressing anonymization, de-identification, retention, deletion, model outputs, third-party AI providers, or opting out of AI training.
• Any AI-related use would likely need to be analyzed under the separately incorporated Privacy Policy, applicable notices, and other service-specific terms.

This is a significant contractual gap for customers concerned about AI training and secondary data use.

4. New or Expanded Customer Obligations

The replacement text adds or emphasizes:

• A representation that the user is at least 18 and legally capable of agreeing.
• Broad conduct restrictions, including automated data collection, impersonation, and publishing third-party private information.
• Prohibitions on misuse of 2U intellectual property.
• A requirement to indemnify 2U for claims arising from website use.

Some restrictions are subjective, including conduct deemed “unlawful or inappropriate” in 2U’s sole discretion.

5. Liability and Dispute Risks

The replacement text adds or restores:

• “As is” and “as available” disclaimers.
• Broad exclusions of indirect, consequential, and data-loss damages.
• Virginia governing law and exclusive venue in Arlington County, Virginia.
• A waiver of class actions.
• Continuing indemnification obligations after termination.

These provisions may materially limit customer remedies and increase litigation costs, subject to applicable law.

6. Drafting and Operational Risks

The diff contains duplicated, contradictory, and grammatically defective text, including repeated DMCA language and apparent loss of headings and transitions. The document should not be treated as legally reliable until corrected and compared against the intended prior version.

Summary

The provided diff does not include the actual amended legal language. It only states:

> “Added approximately 1458 words to the document”

Accordingly, it is not possible to determine:

• Which contractual provisions changed;
• Whether any customer obligations or provider rights were expanded;
• Whether liability, confidentiality, security, termination, or governing-law terms changed;
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether data may be shared with affiliates, vendors, or other third parties;
• Whether the customer can opt out of AI training or obtain deletion of data used for that purpose; or
• Whether new data-retention, ownership, or indemnity risks were introduced.

AI-Training Review

No substantive text addressing AI models, machine learning, model training, service improvement, prompts, inputs, outputs, telemetry, or data usage was included. Therefore, no conclusion can be drawn about whether the agreement now permits or restricts training on customer data.

Information Needed

Please provide the complete redline or the added language, using the stated notation:

• {added text}
• [deleted text]
• []{replacement text}

The actual text is necessary to identify material legal changes and assess any new risks.

Summary

The provided diff states only that approximately 1,458 words were removed from the document. It does not identify the deleted language or show any replacement text.

Key Legal Implications

Because the actual deletions are unavailable, it is not possible to determine whether the changes:

• Narrow or expand the parties’ rights and obligations;
• Remove warranties, indemnities, limitations of liability, or termination rights;
• Change confidentiality, security, privacy, or data-retention requirements;
• Alter ownership or licensing of customer data, content, or deliverables;
• Affect audit, compliance, dispute-resolution, or governing-law provisions; or
• Remove customer protections or impose additional commercial risk.

A substantial deletion of this size should be treated as potentially material until the deleted wording is reviewed.

AI Training and Customer Data

The supplied diff contains no identifiable language concerning artificial intelligence, machine learning, model training, or use of customer data. Accordingly, it is not possible to determine whether the revision:

• Authorizes or prohibits using customer data to train AI models;
• Permits use of customer data to improve products or services;
• Allows anonymized, aggregated, or de-identified data to be used for training;
• Requires customer consent or provides an opt-out;
• Restricts the use of confidential or personal data in training datasets;
• Grants the provider ownership or a broad license over training outputs; or
• Requires deletion or isolation of customer data from model-training systems.

Risk Assessment

The principal risk is lack of visibility into the deleted provisions. If the removed text addressed data use or AI training, its deletion could materially weaken the customer’s protections or create ambiguity about permitted data processing.

The complete before-and-after contract language is required for a reliable legal analysis.

Diff Analysis

Scope Limitation

The provided diff states only:

> “Added approximately 1458 words to the document”

It does not include the actual added, deleted, or replaced legal language. As a result, the changes cannot be reliably analyzed.

AI Training and Customer Data

No conclusion can be reached about whether the document now permits, restricts, or changes the use of customer data to train AI models. The missing text may address issues such as:

• Whether customer data may be used to train, fine-tune, or improve AI models
• Whether prompts, inputs, outputs, metadata, or usage data are retained
• Whether data is used for product development, analytics, or model evaluation
• Whether customer data is anonymized, aggregated, or de-identified
• Whether customer data may be shared with affiliates, vendors, or model providers
• Whether customers can opt out or require deletion
• Whether the provider claims ownership or licensing rights in customer content
• Whether confidential or personal information may be included in training datasets
• Whether different rules apply to enterprise, paid, or free customers

Legal Risk Assessment

Because the substantive text is missing, it is not possible to identify:

• New customer obligations
• Expanded provider rights
• Changes to confidentiality or data protection commitments
• New indemnities, disclaimers, or liability limitations
• Changes to data retention or deletion practices
• Conflicts with privacy laws, data-processing agreements, or sector-specific requirements
• Whether the additions apply retroactively to previously collected data

Information Needed

Please provide the complete redline or the actual text of the additions, deletions, and replacements. The relevant provisions should be reviewed in particular for terms such as:

• “train,” “training,” “fine-tune,” “improve,” or “develop”
• “customer data,” “content,” “inputs,” “outputs,” or “usage data”
• “machine learning,” “artificial intelligence,” or “models”
• “aggregate,” “de-identify,” or “anonymize”
• “license,” “ownership,” “retain,” “disclose,” or “share”

Without the underlying language, any assessment of legal effect or AI-training risk would be speculative.

Structured Summary of Important Changes

Executive Overview

The diff appears substantially corrupted or misaligned. Large portions of the original Terms of Use have been replaced with Digital Millennium Copyright Act (DMCA) notice language and intellectual-property provisions. The result may be internally inconsistent and could create uncertainty about which terms actually govern the customer.

Key Changes and Risks

1. Major replacement of introductory terms

The original introduction—stating that the Terms govern access to the 2U Website and that users agree to be bound by the Terms, Privacy Policy, and supplemental terms—has been replaced by DMCA notice requirements.

Risk: The revised text may no longer clearly establish:

• The scope of the agreement;
• Which website or services are covered;
• That the Privacy Policy is incorporated;
• How users accept or become bound by the Terms.

This could create enforceability and interpretation issues.

2. DMCA and copyright provisions added or moved

The revised text adds detailed requirements for copyright-infringement notices, including:

• A physical or electronic signature;
• Identification of the copyrighted work and allegedly infringing material;
• Contact information;
• Good-faith and perjury statements;
• Submission details for 2U’s Copyright Agent.

It also identifies a Copyright Agent and provides an email address and physical address.

Risk: The provisions appear to be inserted into locations where ordinary contract terms previously appeared. Repeated and grammatically defective language—such as “alleged infringements of alleged infringements”—may make the provision unclear or operationally defective.

3. Expanded intellectual-property protections

The revised language expressly protects 2U’s trademarks, logos, service marks, and other intellectual property, including intellectual property owned by licensors, affiliates, principals, or partners. It states that unauthorized use is prohibited and that 2U will enforce its rights to the fullest extent of the law.

Risk: The provision broadens protection beyond 2U-owned materials and may restrict use of third-party intellectual property displayed on the Website.

4. New eligibility and conduct restrictions

The revised terms add that users:

• Must be at least 18 years old and legally capable of agreeing;
• May not use the Website unlawfully or inappropriately, as determined solely by 2U;
• May not use automated scripts or collect information from the Website;
• May not impersonate others or misrepresent qualifications or affiliations;
• May not publish third-party private information, including contact, Social Security, or credit-card information.

Risk: “Inappropriate” is broad and subject to 2U’s sole discretion. The restrictions may permit suspension or enforcement based on subjective judgments.

5. Materials-use rights narrowed or clarified

Users may view, access, download, or print materials only for personal, educational, and non-commercial use. Reproduction, modification, distribution, public display, or commercial use is prohibited unless authorized.

AI Model Training and Data Use

No express provision concerning AI or machine-learning model training appears in the supplied diff. The revised text does not expressly:

• Authorize 2U to use customer or user data to train AI models;
• Prohibit such use;
• Grant 2U a license to use uploaded content for AI training;
• Address retention, de-identification, or sharing of data for model development.

However, because the Privacy Policy and other incorporated terms appear to have been displaced or referenced inconsistently, the diff does not establish whether AI-related data-use rights may exist elsewhere. The complete revised agreement and Privacy Policy should be reviewed separately.

Structured Summary of Important Changes

1. Scope and Contracting Entity

• The Terms now govern access to the 2U.com domain and Website, including content, information, and functionality available through it.
• The Website is described as administered by 2U, LLC, identified as edX’s parent company.
• The agreement now expressly incorporates the Privacy Policy, supplemental terms, legal notices, and other communications by reference.
• Risk: Customers may be bound by documents outside the Terms, potentially including future supplemental notices or policies.

2. Electronic Acceptance and Website Use

• The prior language concerning a “physical or electronic signature” and authority to act for the copyright owner has been replaced with acceptance based on accessing or using the Website.
• Users are deemed bound by the Terms through Website use and are instructed to stop using the Website if they do not agree.
• Risk: This creates a broad browsewrap-style acceptance mechanism and may make continued use evidence of agreement.

3. Unilateral Modifications

• 2U expressly reserves the right to modify or change the Terms without notice.
• Use of the Website is governed by the version posted at the time of use.
• Risk: Users may become subject to materially different obligations without individualized notice or affirmative consent.

4. Privacy and Communications

• The Terms now state that the Privacy Policy explains how 2U may collect and use information from and about users when they visit the Website.
• By providing an email address, phone number, or other contact point, users agree that 2U may communicate electronically or by phone concerning university programs offered through 2U.
• Users agree that electronic communications satisfy legal writing or notice requirements.
• Risk: This creates broad consent for marketing or program-related communications and may affect electronic notice, consent, and recordkeeping issues. The actual data practices remain governed primarily by the Privacy Policy.

5. Artificial Intelligence and Model Training

• No express provision in the supplied diff authorizes or prohibits using customer or user data to train AI models.
• The revised language refers generally to collecting and using information, but does not state whether user data, communications, uploaded content, usage data, or personal information may be:
• used to train, fine-tune, or evaluate AI models;
• shared with AI vendors;
• retained for model development; or
• excluded from training.
• Risk: The Terms do not provide a clear contractual restriction or guarantee concerning AI training. Any such rights or limitations would need to be located in the Privacy Policy or another incorporated document.

6. Intellectual Property and User Conduct

• Materials are broadly defined to include text, designs, data, software, technology, and related files.
• Users receive only a limited right to view, download, or print Materials for personal, educational, and noncommercial use.
• New or clarified restrictions prohibit reproduction, public display, distribution, commercial use, unauthorized automated collection, impersonation, and publication of third-party private information.

7. Liability and Dispute Terms

• The revised terms include broad warranty disclaimers, limitations of liability, indemnification obligations, Virginia governing law, an Arlington County forum, and a class-action waiver.
• Risk: These provisions substantially limit user remedies and shift legal and financial exposure to the user.

Executive Summary

The diff appears severely corrupted or misaligned. Large portions of the original 2U Terms of Use have been replaced by text from a Digital Millennium Copyright Act (“DMCA”) notice procedure. It is not possible to treat this as a clean, coherent contract revision without obtaining the intended final document.

Important Changes and Risks

1. Apparent replacement of core terms with DMCA language

The introductory provisions governing use of the Website appear to be replaced by requirements for submitting a copyright-infringement notice, including:

• A physical or electronic signature;
• Identification of the copyrighted work and allegedly infringing material;
• Contact information;
• Good-faith and penalty-of-perjury statements; and
• Submission instructions for 2U’s Copyright Agent.

Risk: If these changes are operative, the Terms may no longer clearly establish the basic contractual terms governing Website access. The document could be ambiguous, internally inconsistent, or difficult to enforce.

2. DMCA procedure added or relocated

The revised text includes a detailed DMCA notice process and identifies:

• An email address: privacy@2u.com;
• A physical address in Arlington, Virginia; and
• Requirements for a valid infringement notice.

Risk: The duplicate wording (“alleged infringements of alleged infringements”) and apparent formatting errors may create uncertainty about how notices should be submitted and whether the designated-agent information is reliable.

3. Expanded intellectual-property restrictions

The revised language:

• Reserves intellectual-property rights to 2U and its licensors, affiliates, principals, or partners;
• States that no license is granted by implication, estoppel, or otherwise;
• Prohibits misuse; and
• States that 2U will enforce its rights to the fullest extent of the law.

Risk: Users receive fewer implied rights to reuse Website content, branding, or other materials. The restrictions may also apply to third-party materials displayed on the Website.

4. New eligibility and conduct requirements

The revision adds or emphasizes that users:

• Must be at least 18 and legally capable of agreeing;
• Must not use automated scripts or collect information from the Website;
• Must not impersonate others or misrepresent qualifications; and
• Must not publish third-party private information, including contact, Social Security, or credit-card information.

Risk: These provisions give 2U broad discretion to determine what conduct is “unlawful or inappropriate.” Violations may support suspension, termination, or other enforcement.

5. Privacy and AI-model training

No express provision concerning AI, artificial-intelligence systems, machine learning, model training, prompts, inputs, outputs, or use of customer data to train AI models appears in the supplied diff.

The references to “information,” “data,” and collection through automated scripts are not an authorization to use customer data for AI training. Any such use would need to be assessed under the separate Privacy Policy or other incorporated terms, which should be reviewed independently.