Monitored company

BigCommerce

clause.watch tracks 2 legal documents published by BigCommerce, re-reading each one every six hours. Below is what each document covers, in plain English.

Privacy Policy

1,549 characters · Read the original

We monitor this document. A plain-English summary has not been published for it yet.

Terms of Service

4,350 characters · Read the original

Terms of Service Overview

Document reviewed: Master Services Agreement, last revised June 1, 2026.

Important limitation: This agreement is primarily a commercial services contract. It contains very little detail about privacy, personal-data practices, or AI training. Those issues appear to be governed by separate documents—particularly the referenced Privacy Policy, Cookies Settings, service rules, addenda, and Order Forms—which should also be reviewed.

1. Data Collection & Usage

The agreement does not specify:

What personal information Commerce collects
Whether it collects account, payment, customer, employee, device, usage, or business data
The purposes for which information is used
Data retention periods
Security measures
International data transfers
Whether Commerce acts as a data controller, processor, or service provider

It states that use of the Services is also subject to additional guidelines, rules, and addenda posted or agreed to later. These documents may contain the operative privacy terms.

Practical risk: Users should not assume that this agreement alone explains Commerce’s data practices. Review the applicable Privacy Policy, cookie disclosures, data-processing terms, and Order Form before uploading personal or confidential information.

2. User Rights

The agreement grants no express rights to:

Access, correct, delete, or export personal data
Restrict or object to processing
Withdraw consent
Port data to another provider
File privacy complaints
Receive breach notifications

Any such rights would likely arise under applicable privacy laws or a separate privacy/data-processing agreement, rather than from this document.

Users may have contractual rights under an Order Form or service-specific terms, but those terms are not included here.

3. Third-Party Sharing

The agreement does not explain whether or how data is shared with:

Affiliates and subsidiaries
Service providers and subprocessors
Payment processors
Advertising or analytics providers
Government authorities
Business-transfer counterparties

The contracting party may be different depending on the customer’s location. Commerce also defines itself broadly to include affiliates, subsidiaries, successors, and parent companies. That may allow multiple related entities to participate in providing the Services, but the agreement does not describe their data-access rights.

4. AI/ML Training

There is no provision stating whether customer data, user content, usage data, or personal information is used to train artificial-intelligence or machine-learning models.

Users should obtain a clear written answer or review applicable privacy, product, and data-processing documentation. If AI training is important, seek an express contractual restriction stating that Customer Data will not be used to train generalized models without consent.

5. Key User Obligations and Restrictions

Users agree to the terms through registration, clicking acceptance, signing an Order Form, or simply using the Services. Continued use constitutes acceptance.

Important obligations include:

If using an employer’s or another entity’s email address, the user represents that they have authority to bind that entity and its affiliates.
Users must comply with additional posted rules and service guidelines.
Users may not use the Services to monitor availability, performance, or functionality, or for benchmarking or competitive purposes, without written permission.
Direct competitors are expressly prohibited from accessing the Services without prior written approval.
Users should ensure they have authority to upload data and use any content submitted through the Services.

Risk: These restrictions may limit independent testing, comparative reviews, or competitor research.

6. Liability and Disputes

This excerpt contains no meaningful liability provisions, such as:

Warranty disclaimers
Liability caps
Exclusions for indirect or consequential damages
Indemnification obligations
Service-level remedies
Arbitration or court procedures
Attorneys’ fees rules

The governing entity and law depend on the customer’s location. The table generally identifies New York law for U.S. and certain worldwide services, England and Wales for the UK, Ireland for the EU, and New South Wales for Australia. The table also contains unclear or potentially inconsistent entries, so the applicable Order Form should be checked.

7. Changes to the Agreement

Commerce may update or modify the agreement at any time. Changes take effect immediately upon posting to its website or notifying users. Continued use after a change indicates acceptance.

Practical risk: There is no stated advance-notice period, grandfathering protection, or termination right if users reject changes. Users should monitor the website and retain copies of the version accepted.

Change history

2026-10-19 · Terms of Service

shrank 1.7% · Observed by clause.watch

Structured Summary of Important Changes

1. Expanded contracting entities and products

The revised text adds or clarifies several entities, jurisdictions, and offerings:

Commerce.com Pty. Ltd. remains associated with Australia/New South Wales offerings.
Feedonomics Holdings, LLC, a Delaware corporation, is added for customers purchasing or contracting solely with Feedonomics.
Makeswift, Inc., a Delaware corporation, is identified in connection with Makeswift services.
The revision refers to New York in connection with the Feedonomics Platform and/or Makeswift, although the exact legal effect is unclear because the diff appears to include website navigation text.
The listed offerings include the Ecommerce Platform, Extensions, certain Professional Services, Feedonomics Platform, and Makeswift.

Risk: Customers may now contract with different corporate entities depending on the product purchased. This can affect which entity is liable, which law and courts apply, where disputes must be brought, and which entity receives or processes customer data. The agreement should clearly identify the contracting party for each order or service.

2. Feedonomics-specific contracting language

The revised language appears to add a rule for customers “purchasing and/or contracting solely with Feedonomics.” It may direct those customers to terms associated with Feedonomics Holdings, LLC rather than the general Commerce agreement.

Risk: Customers using multiple products may face uncertainty about whether they are governed by one agreement, separate product terms, or different contracting entities. The documents should clarify whether the Feedonomics terms replace or supplement the general agreement and how conflicts between terms are resolved.

3. Makeswift references

The revision adds or separates Makeswift, Inc. and references to Makeswift-related website materials.

Risk: It is unclear whether Makeswift is merely a brand or a separate contracting party. Customers should confirm whether Makeswift has separate terms, privacy provisions, data-processing terms, warranties, or liability limitations.

4. Website-navigation and drafting issues

The diff appears to incorporate website menu items such as “Company,” “Leadership,” “Careers,” “Privacy Policy,” “Legal Archives,” “Cookies Settings,” and “FAQ” into the agreement text.

Risk: If these items are actually part of the contractual text rather than formatting artifacts, the agreement may contain ambiguity or drafting errors. Customers should verify the clean, final version and ensure that only intended legal provisions are incorporated.

5. AI-model training and customer data

No express change concerning AI training was identified in the supplied diff. The diff does not add or remove language authorizing the provider to use customer data, customer content, usage data, or personal information to train, fine-tune, or improve AI models.

However, because the contracting entities and applicable terms may change, customers should check the referenced privacy policy, product terms, and data-processing agreement for any AI-related permissions.

Between 2020-03-31 and 2020-12-31 · Terms of Service

grew 10.2% · Reconstructed from Internet Archive captures

Summary

The provided diff only states:

> “[Removed approximately 10 words from the document]”

It does not identify the deleted language or show any additions, replacements, or surrounding provisions.

Legal and Commercial Impact

Cannot determine the substantive change: The nature of the deleted text—and whether it affects liability, confidentiality, data rights, termination, payment, warranties, or other obligations—is unknown.
No confirmed AI-training changes: The diff does not show whether the customer’s data may be:
used to train or fine-tune AI models;
used to improve products or services;
shared with affiliates, vendors, or third parties for model development;
retained for training after termination; or
excluded from model training or required to be deleted.
Potential risk: If the deleted language was a restriction on data use, confidentiality protection, customer approval requirement, or deletion obligation, its removal could materially expand the provider’s rights. Conversely, if it was a permission or disclaimer, deletion could narrow those rights or create ambiguity.

Information Needed

To perform a reliable legal analysis, provide the actual redlined text, including:

1. The deleted words;

2. Any added or replacement language;

3. The relevant surrounding paragraph or section; and

4. Any definitions incorporated by reference, particularly “Customer Data,” “Usage Data,” “Aggregated Data,” “Services,” or “AI/ML models.”

Between 2020-05-12 and 2020-11-18 · Privacy Policy

grew 2.2% · Reconstructed from Internet Archive captures