BigCommerce

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.