Optimizely

Summary of Important Changes

1. New eligibility requirements

The added terms require users to represent and warrant that they:

• Are at least 18 years old;
• Have not previously been suspended or removed from the Websites; and
• Will use the Websites in compliance with all applicable laws and regulations.

Risk: A breach of these representations could support termination, indemnification claims, or other remedies.

2. Broad license to user-submitted content

The new Content section grants Optimizely a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, reproduce, distribute, display, and perform submitted content;
• Incorporate it into other materials;
• Exploit it commercially; and
• Create derivative works.

Users retain ownership, but Optimizely may use the content without compensation. Users also warrant that their submissions do not infringe third-party rights or defame others.

Key risks:

• The license has no stated end date and is irrevocable.
• It is not limited to operating or improving the Websites.
• “Exploit” and “incorporate” are broad and could permit commercial reuse.
• The right to sublicense may allow use by affiliates, contractors, or other third parties.
• Users may bear responsibility for obtaining permissions for confidential, personal, or third-party materials submitted.

3. AI-model training and customer data

The added language does not expressly state that Optimizely may use customer data or submitted content to train, fine-tune, or evaluate artificial-intelligence models.

However, the broad license to “use,” “incorporate,” “exploit,” and create derivative works could potentially be interpreted as broad enough to cover some AI-related uses, depending on the content and applicable law. The terms do not:

• Prohibit AI training;
• Limit use to aggregated or de-identified data;
• Exclude confidential information or personal data;
• State whether prompts, feedback, uploaded files, or other content are retained for model development; or
• Provide an opt-out or deletion mechanism for such uses.

Practical concern: The contract leaves uncertainty about whether submitted content—including feedback, data, or information—could be used in developing or improving AI systems. Separate product terms, privacy terms, or documentation may provide additional restrictions or permissions.

4. Expanded operational protections for Optimizely

The new provisions allow Optimizely to:

• Suspend or terminate access at any time, with or without notice;
• Modify or discontinue the Websites without liability;
• Restrict misuse of servers, APIs, and integrations;
• Prohibit circumvention of usage limits and unauthorized access; and
• Disclaim responsibility for third-party websites, integrations, downloaded files, and harmful code.

5. Increased customer-side liability

Customers must defend and indemnify Optimizely for claims arising from their use of the Websites, violations of the terms or law, infringement of third-party rights, and disputes with third parties.

Other additions include broad warranty disclaimers, a limitation of Optimizely’s aggregate liability to $100, New York governing law and exclusive courts, unilateral amendment rights, and incorporation of additional website, product, and documentation terms.

6. New copyright procedure

A detailed DMCA notice, counter-notice, and takedown procedure has been added, including Optimizely’s designated contact information.

Summary of Important Changes

Overall Effect

The diff appears to remove nearly all substantive provisions governing use of the Websites. The remaining text mainly introduces the Terms and incorporates Optimizely’s Privacy Notice. The apparent changes from straight quotation marks to typographic quotation marks are non-substantive.

Customer Content and AI Training

• The prior Content provision has been deleted.
• That provision granted Optimizely a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to use, incorporate, exploit, display, reproduce, distribute, and create derivative works from customer-submitted content, suggestions, feedback, information, and data.
• Because that license is removed, the revised text no longer expressly grants Optimizely those broad rights in customer-submitted content under these Website Terms.
• The prior provision did not expressly mention artificial intelligence, machine learning, model training, or training data. However, its broad “use” and “exploit” language could potentially have been interpreted to permit use of submitted content for AI or model-training purposes.
• The revised text contains no express authorization or prohibition regarding use of customer data to train AI models. This creates uncertainty rather than a clear customer protection. AI-related data use may still be addressed in the Privacy Notice, product-specific terms, documentation, or another agreement incorporated by reference.

Other Deleted Protections and Obligations

The diff also deletes provisions concerning:

• Eligibility requirements and compliance with law.
• Optimizely’s right to suspend, terminate, modify, or discontinue the Websites.
• Third-party websites, applications, and integrations.
• Downloaded-file security disclaimers.
• Ownership and protection of Optimizely’s intellectual property.
• Prohibited uses and security restrictions.
• Customer indemnification obligations.
• Broad warranty disclaimers.
• Limitations and exclusions of Optimizely’s liability, including the $100 aggregate liability cap.
• New York governing law and exclusive venue.
• Optimizely’s ability to amend the Terms by posting revised versions.
• Assignment, severability, survival, and other general contractual provisions.
• DMCA copyright-notice and counter-notice procedures.

Key Risks and Practical Implications

• Uncertainty over data rights: Removal of the Content license may reduce Optimizely’s contractual rights, but the remaining incorporation of the Privacy Notice and other terms may preserve or introduce data-use permissions elsewhere.
• Potentially incomplete contractual framework: Removing liability, warranty, indemnity, governing-law, and termination provisions may create ambiguity about the parties’ rights and remedies.
• No clear AI commitment: Customers should not assume that their data is excluded from AI training merely because the broad Content license was removed. The Privacy Notice and applicable product or enterprise agreements should be reviewed for explicit AI-training terms, opt-outs, retention rules, and ownership protections.

Summary of Important Changes

1. Scope and formatting changes

• References to Optimizely’s “Websites” were expanded or clarified to include www.optimizely.com, its sub-sites, and other websites.
• Curly quotation marks were replaced with straight quotation marks, and typographic apostrophes were replaced with standard apostrophes. These changes appear non-substantive.

2. New eligibility requirements

Users now represent and warrant that they:

• Are at least 18 years old;
• Have not previously been suspended or removed from the Websites; and
• Will use the Websites in compliance with all applicable laws and regulations.

Risk: A user could face consequences for breach of these warranties, particularly the broad compliance representation.

3. New license to user-submitted content

The new Content section grants Optimizely a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, reproduce, distribute, display, and perform submitted content;
• Incorporate and exploit it; and
• Create derivative works from it.

Users retain ownership, but Optimizely may use the content without compensation.

Users also represent that their submissions do not infringe third-party rights or defame third parties.

Risk: This is a very broad, effectively permanent license. It may cover feedback, suggestions, information, data, and comments submitted through a Website. Users should avoid submitting confidential information, personal data, trade secrets, or third-party materials unless they are comfortable with Optimizely’s extensive rights.

AI-model training

The diff does not expressly state that customer data or submitted content may be used to train, fine-tune, or improve artificial-intelligence models. However, the broad rights to “use,” “incorporate,” “exploit,” and create derivative works from submitted “information” and “data” could arguably be broad enough to support analytical or product-development uses, depending on the context.

The provision does not:

• Mention AI or machine learning;
• Limit use to providing the Websites;
• Exclude personal, confidential, or customer data;
• State whether content may be used to train models; or
• Provide deletion, opt-out, or data-isolation rights.

This ambiguity is a material risk for users concerned about AI training or secondary use of data. The Privacy Notice or separate product terms may contain additional limitations.

4. New termination and Website-change rights

Optimizely may suspend or terminate access, with or without notice and for any reason, and may modify or discontinue the Websites or features without liability.

Risk: Users receive no continuity guarantee or protection against loss of access or functionality.

5. New operational restrictions

The added terms prohibit unlawful or disruptive use, circumvention of API or service limits, unauthorized access, malicious code, and attempts to obtain information not intentionally made available.

6. New indemnity and liability provisions

Users must defend and indemnify Optimizely for claims connected with their use, breach, unlawful conduct, or violation of third-party rights.

Optimizely disclaims broad warranties and limits aggregate liability to $100, while excluding consequential and numerous other categories of damages.

7. Other new provisions

The additions also include:

• Third-party website and integration disclaimers;
• Downloading-file virus disclaimers;
• Intellectual-property ownership provisions;
• New York governing law and exclusive venue;
• Optimizely’s unilateral right to amend the Terms;
• Assignment, severability, survival, and entire-agreement provisions; and
• A detailed DMCA notice and counter-notice procedure.

Summary

The diff indicates that approximately 1,904 words were removed, but it does not identify which provisions were deleted. Because the actual deleted language is not provided, it is not possible to determine the precise legal or commercial effect of the changes.

Key Risks and Unknowns

• AI training and data use: The diff does not show whether provisions concerning the customer’s data, prompts, outputs, usage data, or personal information being used to train, fine-tune, evaluate, or improve AI models were added, removed, or changed.
• Loss of customer protections: Deleted language could have removed restrictions on data use, confidentiality obligations, security commitments, data-processing terms, or limits on secondary use.
• Ownership and licensing: Deleted provisions may have addressed ownership of customer data and outputs, or granted the provider broader rights to use or commercialize them.
• Privacy and compliance: The deletion may affect obligations relating to personal data, retention, deletion, subprocessors, international transfers, or compliance with applicable privacy laws.
• Liability and remedies: Removed terms could have limited liability, reduced indemnity protection, eliminated audit rights, or changed remedies for unauthorized data use or security incidents.
• Service and termination rights: The deleted text may have included data-return or deletion requirements when the agreement ends, service-level commitments, or customer termination rights.

AI-Specific Assessment

No reliable conclusion can be drawn about whether the customer’s data may now be used to train AI models. To assess that issue, compare the prior and revised versions for terms such as:

• “train,” “fine-tune,” “improve,” “develop,” or “evaluate” models;
• “customer data,” “content,” “inputs,” “prompts,” or “outputs”;
• de-identification, aggregation, or telemetry rights;
• opt-out or consent requirements;
• retention and deletion obligations; and
• restrictions on human review or use by subprocessors.

Recommended Next Step

Obtain the actual deleted text or a redline showing the affected provisions. Without it, the only clear conclusion is that a substantial amount of contractual language has been removed, creating a material risk that important customer protections—including AI data-use restrictions—may have been eliminated.

Summary of Important Changes

1. Major expansion of the Terms

The diff adds a comprehensive set of provisions that were not previously shown, including eligibility, content rights, termination, prohibited uses, indemnity, disclaimers, liability limitations, governing law, changes to the Terms, and copyright procedures.

These provisions substantially increase the customer’s obligations and reduce Optimizely’s potential liability.

2. Customer-submitted Content and data rights

The new Content clause applies to content, suggestions, feedback, information, and data submitted, posted, or published to a Website. By doing so, the customer grants Optimizely a:

• Perpetual and irrevocable license;
• Worldwide, royalty-free and non-exclusive license;
• Right to sublicense;
• Right to use, reproduce, distribute, display, perform, exploit, incorporate, and create derivative works.

The customer retains ownership, but Optimizely may use the Content without compensation.

AI training implications

The new language does not expressly mention artificial intelligence, machine learning, model training, model development, or generative AI. Therefore, the diff does not clearly grant or prohibit use of customer Content for training AI models.

However, the license is broad enough to create potential uncertainty. Terms such as “use,” “exploit,” “incorporate,” and “prepare derivative works,” combined with the perpetual and irrevocable nature of the license, could arguably cover activities associated with developing or improving AI systems, depending on the context and applicable law.

The clause also does not:

• Limit use of Content to providing the Websites;
• Exclude confidential or personal information;
• Prohibit use of Content to train general-purpose or third-party AI models;
• Require deletion after termination;
• Provide an opt-out or consent mechanism for AI training.

Customers should seek clarification or an express contractual restriction if their submissions may contain confidential, personal, proprietary, or regulated data.

3. New customer representations and indemnity obligations

Customers represent that their Content does not infringe third-party rights or defame others. They must defend and indemnify Optimizely for claims connected with their use of the Websites, breach of the Terms, legal violations, or third-party rights violations. This may create significant exposure, particularly where users upload third-party or personal data.

4. Optimizely’s termination and service-change rights

Optimizely may suspend or terminate access at any time, with or without notice, and may modify or discontinue the Websites without liability. There is no stated obligation to preserve or return customer-submitted Content.

5. Liability and dispute terms

The new provisions:

• Exclude warranties broadly;
• Exclude many categories of damages;
• Cap Optimizely’s aggregate liability at $100;
• Apply New York law;
• Require disputes to be brought exclusively in New York, New York.

These terms may materially limit practical remedies available to customers.

6. Other notable additions

The Terms now incorporate the Privacy Notice and other Website or documentation terms, restrict assignment by the customer, permit Optimizely to assign without notice, and add detailed DMCA procedures.

Summary of Changes

Overall Change

• Approximately 1,904 words were removed from the document.
• No replacement language or added language is shown.
• Because the deleted text is not provided, it is not possible to determine precisely which rights, obligations, protections, or limitations were removed.

Customer Data and AI Training

• The diff does not identify whether provisions concerning customer data, artificial intelligence, machine learning, or model training were deleted.
• The deletion may have removed language addressing one or more of the following:
• Whether the provider may use customer data to train, fine-tune, or improve AI models;
• Whether customer data may be aggregated, anonymized, or de-identified for product development;
• Whether prompts, inputs, outputs, files, or usage metadata are retained;
• Whether customer data is excluded from model training by default or only upon opt-out;
• Ownership and permitted use of customer data and AI-generated outputs;
• Confidentiality, security, deletion, or data-retention obligations;
• Use of third-party AI providers or subprocessors; or
• Restrictions on using customer data for advertising, profiling, or other commercial purposes.

Risk: If the removed language previously restricted AI training or secondary use of customer data, its deletion could materially expand the provider’s rights to use customer information. Conversely, if the deleted language contained customer protections, its removal could reduce those protections. The available diff does not establish which outcome applies.

Other Potential Legal Risks

The deleted text may also have contained provisions regarding:

• Liability caps, indemnities, warranties, or disclaimers;
• Confidentiality and data-security standards;
• Data breach notification;
• Service levels, suspension, or termination rights;
• Intellectual-property ownership and licenses;
• Audit rights and regulatory compliance;
• Governing law and dispute resolution; or
• Customer termination and data-export/deletion rights.

Deleting these provisions without replacement may create gaps or shift risk to the customer, particularly if the remaining agreement does not address the same subjects elsewhere.

Recommended Follow-Up

To assess the legal effect, obtain:

1. The full text of the deleted approximately 1,904 words;

2. The prior and revised versions of the agreement; and

3. Any separate data-processing, acceptable-use, privacy, or AI terms incorporated by reference.

Until reviewed, the customer should assume that important protections—including restrictions on AI training and secondary use of customer data—may have been removed or changed.

Summary of Important Changes

Overall change

The amendment adds a comprehensive set of website terms after the requirement to stop using the Websites if the user does not agree. Most of the added provisions significantly expand Optimizely’s rights and limit the customer’s remedies. The quotation-mark and apostrophe changes are purely editorial.

Customer content and AI-model training

• Broad license to submitted content: By submitting, posting, or publishing “Content”—including suggestions, feedback, information, data, or comments—the user grants Optimizely a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, incorporate, exploit, display, reproduce, distribute, and create derivative works from that Content.
• No compensation: Optimizely may use the Content without paying the submitter.
• Potential AI-training risk: The new clause does not expressly mention artificial intelligence, machine learning, model training, or model improvement. However, the broad rights to “use,” “exploit,” “incorporate,” and create derivative works from submitted data could arguably be broad enough to support analytics, product development, or potentially AI-model training, depending on the context and applicable law.
• Important limitation: This provision appears to concern Content submitted through the Websites, not necessarily data uploaded to or processed by an Optimizely paid software service. The amendment does not add a clear statement that customer data will or will not be used to train AI models. Customers seeking certainty should request an express prohibition or permission addressing:
• training or fine-tuning general-purpose or customer-specific AI models;
• use of personal, confidential, or regulated data;
• whether data is anonymized or aggregated first;
• retention and deletion; and
• whether third-party AI providers receive the data.

New user obligations

• Eligibility warranties: Users must be at least 18, must not previously have been suspended or removed, and must comply with all applicable laws.
• Content warranties: Users warrant that submitted Content does not infringe third-party rights or defame others. This may expose the user to liability if third-party claims arise.

Optimizely’s operational rights

• Optimizely may suspend or terminate access at any time, with or without notice, and for any reason or no reason.
• It may modify or discontinue the Websites or features without notice and without liability.
• Users are prohibited from bypassing API or other limits, attempting unauthorized access, disrupting services, transmitting malicious code, or violating applicable laws.

Liability and dispute risks

• Users must broadly defend and indemnify Optimizely for claims connected with their use, legal violations, submitted Content, third-party rights, or disputes with third parties.
• The Websites are provided “as is,” with broad warranty disclaimers.
• Optimizely excludes most categories of damages and caps aggregate liability at $100.
• New York law applies, and disputes must generally be brought exclusively in courts located in New York, New York.

Other additions

The amendment also adds provisions covering third-party websites and integrations, downloaded files, intellectual-property ownership, termination, unilateral changes to the Terms, assignment, severability, and DMCA takedown/counter-notice procedures.

Summary of Changes

Scope of the Diff

The diff states only that approximately 1,904 words were removed. It does not identify:

• Which provisions were deleted;
• Whether any language was added or replaced;
• The subject matter of the removed text; or
• Whether the deletions affect data use, confidentiality, security, liability, or termination rights.

AI Training and Customer Data

No specific change concerning the use of customer data to train AI models can be confirmed from the supplied diff.

In particular, the diff does not show whether the agreement now:

• Permits or prohibits using customer data to train, fine-tune, or improve AI models;
• Distinguishes between customer content, prompts, outputs, metadata, or de-identified data;
• Allows data to be shared with affiliates, contractors, or third-party AI providers for training;
• Requires customer consent or provides an opt-out;
• Applies different rules to consumer and enterprise customers;
• Requires deletion or non-retention of data used with AI services; or
• Restricts human review or use of data for model evaluation and safety purposes.

Potential Risks from Deletions

Because the removed language is not provided, the deletions could potentially have removed important customer protections, including:

• Confidentiality and restrictions on secondary use;
• Data ownership and license limitations;
• Prohibitions on training AI models using customer data;
• Security, privacy, and breach-notification obligations;
• Data deletion, return, or retention requirements;
• Audit, transparency, or compliance rights;
• Warranties, indemnities, or limitations of liability; and
• Termination rights or consequences following termination.

Deletion of a restriction may broaden the provider’s rights by implication, but the legal effect depends on the surrounding language and whether other provisions address the same topic. It should not be assumed that silence authorizes AI training or other secondary uses.

Recommended Review

Obtain the actual redline or the full before-and-after versions, particularly the deleted 1,904 words. The most important review should focus on:

1. Definitions of “Customer Data,” “Content,” “Usage Data,” and “De-identified Data”;

2. Any license granted to the provider;

3. AI training, model improvement, analytics, or product-development language;

4. Data retention, deletion, and subprocessors;

5. Confidentiality and security obligations; and

6. Liability and remedies for unauthorized data use.

Conclusion: The provided diff is insufficient to identify substantive legal changes or determine whether customer data may now be used to train AI models.

Summary of Important Changes

Minor drafting changes

• Standardized quotation marks and apostrophes, including changing curly quotes to straight quotes and “Optimizely’s” to “Optimizely's.”
• These changes do not appear to alter the substantive legal meaning.

New eligibility requirements

Users now represent and warrant that they:

• Are at least 18 years old;
• Have not previously been suspended or removed from the Websites; and
• Will use the Websites in compliance with all applicable laws and regulations.

Risk: The user may be responsible for ensuring lawful use, including compliance with privacy, intellectual-property, export-control, and other applicable laws.

New license to user-submitted content

A new Content provision applies when users submit, post, or publish content, suggestions, feedback, information, or data to a Website. It grants Optimizely a:

• Perpetual;
• Irrevocable;
• Worldwide;
• Non-exclusive;
• Royalty-free;
• Sublicensable

license to use, incorporate, exploit, display, perform, reproduce, distribute, and create derivative works from that Content.

The user retains ownership, but Optimizely may use the Content without compensation. The user also warrants that the Content does not infringe third-party rights or defame others.

Risks:

• The license has no stated purpose limitation and appears broad enough to permit commercial use and modification.
• “Information” and “data” could potentially include sensitive or business-confidential material submitted through the Websites.
• The user bears responsibility for obtaining necessary permissions and avoiding third-party privacy, confidentiality, and intellectual-property violations.
• The provision does not expressly address deletion, confidentiality, data retention, or restrictions on secondary uses.

AI-model training

• The diff contains no express provision stating that customer data or submitted Content will be used to train, fine-tune, or improve artificial-intelligence or machine-learning models.
• However, the broad, perpetual license to use and exploit submitted “Content,” including “information” and “data,” does not expressly exclude AI training or model development.
• Accordingly, while AI training is not specifically authorized, the wording may create ambiguity or potential risk if users submit customer data, confidential information, personal data, or other proprietary material. The Privacy Notice and any product-specific terms should be reviewed for separate AI-training provisions.

New suspension and service-change rights

Optimizely may, without notice and at its sole discretion:

• Suspend or terminate access for any reason or no reason; and
• Modify or discontinue the Websites or particular features.

Optimizely disclaims liability for these actions.

New third-party and platform terms

• Third-party links are subject to the third party’s terms and privacy policies.
• Third-party applications and platform integrations with Optimizely software are subject to separate Third-Party Add-on Terms.

Risk: Additional incorporated terms may impose obligations or privacy risks not stated in these Terms.

New liability and dispute provisions

The additions include broad:

• Prohibited-use restrictions;
• User indemnification obligations;
• Warranty disclaimers;
• Consequential-damage exclusions; and
• A total liability cap of $100.

Disputes are governed by New York law and must generally be brought exclusively in courts located in New York, New York.

Other additions

The Terms may be changed by posting revised versions, effective when posted. They also incorporate the Privacy Notice, product limits, disclaimers, documentation, and other website terms. A DMCA notice-and-counter-notice procedure has been added.

Structured Summary of Important Changes

1. Overall nature of the change

The diff shows two types of changes:

• Non-substantive formatting changes: Straight quotation marks and apostrophes were replaced with typographic versions, such as ("Terms") becoming (“Terms”) and Optimizely's becoming Optimizely’s.
• Large-scale deletion: The text following the “NOT AGREE TO THESE TERMS…” language is shown as deleted, with no replacement text provided. If this reflects the actual revised Terms, many major legal provisions have been removed.

2. Deleted legal provisions and risks

The deleted text included:

• Eligibility requirements: Minimum age of 18, no prior suspension, and compliance with applicable law.
• Customer Content license: A perpetual, irrevocable, worldwide, royalty-free, sublicensable license allowing Optimizely to use, reproduce, modify, distribute, display, and exploit submitted content without compensation.
• Customer representations: The customer warranted that submitted content did not infringe third-party rights or defame others.
• Suspension and termination rights: Optimizely could suspend or terminate access at any time, with or without notice.
• Website modification rights: Optimizely could modify or discontinue the Websites without liability.
• Intellectual-property protections: Optimizely’s ownership of Website materials and restrictions on use.
• Prohibited-use restrictions: Restrictions on misuse, unauthorized access, circumvention of limits, malicious code, and unlawful activity.
• Customer indemnification: Broad obligations to defend and reimburse Optimizely for claims arising from the customer’s use, breach, or violation of third-party rights.
• Disclaimers and liability limits: “As-is” disclaimers, exclusion of consequential damages, and a stated aggregate liability cap of $100.
• Governing law and venue: New York law and exclusive courts in New York, New York.
• Unilateral amendment mechanism: Optimizely could change the Terms by posting revised versions, effective when posted.
• DMCA procedures: Notice and counter-notice procedures for alleged copyright infringement.

If these provisions are genuinely removed, the change could materially increase uncertainty and potentially expose Optimizely to greater liability, while also removing important customer restrictions and remedies. The legal effect may depend on replacement terms elsewhere, including the Privacy Notice, product terms, or documentation.

3. AI training and use of customer data

The deleted Content license was broad enough to permit extensive use of customer-submitted content, including incorporation, exploitation, and preparation of derivative works. However:

• It did not expressly mention artificial intelligence, machine learning, model training, or model improvement.
• It did not distinguish between public feedback, personal data, confidential information, or customer data.
• The supplied additions contain no express authorization or prohibition concerning AI training.

Accordingly, the diff does not clearly add a right to train AI models on customer data. However, if the broad Content license is retained elsewhere, its scope could create ambiguity about whether submitted content may be used for AI training or related purposes. A specific AI-data-use clause should be reviewed separately.

Summary

The supplied diff only states:

> “Added approximately 1904 words to the document”

It does not include the actual added or modified contract language. Therefore, it is not possible to reliably identify:

• Changes to customer-data rights or permitted uses
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Opt-in or opt-out requirements for AI training
• Whether data is anonymized, aggregated, de-identified, or retained
• Ownership or licensing changes
• New confidentiality, security, or privacy obligations
• Disclosure of data to affiliates, vendors, or model providers
• Changes to deletion, retention, or return obligations
• Indemnity, liability, audit, or regulatory-risk provisions

Key Limitation

The statement that approximately 1,904 words were added is not itself a legal change that can be analyzed. The substantive text of those additions—and any surrounding text affected by them—is required to assess the customer’s rights and risks.

Information Needed

Please provide the full diff, including:

1. The added language inside {...};

2. Deleted language inside [...]; and

3. Replacement language using the stated []{} format.

Once provided, the changes can be reviewed specifically for provisions allowing customer data to be used to train or improve AI models, including whether such use is mandatory, optional, limited to de-identified data, subject to consent, or excluded entirely.

Summary of Important Changes

1. Major removal of substantive terms

The diff deletes nearly the entire prior Terms of Use following the instruction that users who do not agree must stop using the Websites. The deleted provisions included:

• Eligibility requirements, including an 18+ age requirement.
• A broad license to use customer-submitted content.
• Suspension or termination rights.
• Third-party website and integration disclaimers.
• Downloading, malware, and security disclaimers.
• Intellectual-property ownership and usage restrictions.
• Prohibited-use restrictions, including limits on API use and unauthorized access.
• Customer indemnification obligations.
• Warranty disclaimers.
• Extensive limitations on Optimizely’s liability, including a $100 aggregate cap.
• New York governing law and exclusive New York courts.
• Optimizely’s right to modify the Terms unilaterally.
• Assignment, severability, survival, and entire-agreement provisions.
• DMCA copyright-infringement procedures.

This is a substantial restructuring rather than a minor wording update. The replacement text should be reviewed to determine whether these protections have been moved elsewhere, narrowed, or eliminated.

2. Customer-content rights have been removed from these Terms

The deleted “Content” provision gave Optimizely a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, display, and otherwise exploit customer-submitted content, including feedback, data, suggestions, and comments, without compensation.

Removal from these Terms may reduce the express contractual basis for Optimizely’s use of customer submissions. However, the rights may still appear in the Privacy Notice, product-specific terms, or other incorporated documents.

3. AI-model training

The diff contains no express new language authorizing or prohibiting the use of customer data to train AI models.

Importantly, the deleted broad Content license could previously have been interpreted as potentially covering broad internal uses of submitted material, depending on the nature of the content and other contractual documents. Its removal does not necessarily create a no-training commitment. The Privacy Notice, product terms, data-processing agreement, and any AI-specific terms should be checked for language concerning:

• Training or fine-tuning generative AI or machine-learning models.
• Use of customer data or prompts for service improvement.
• Use of aggregated, de-identified, or anonymized data.
• Human review, model evaluation, or abuse monitoring.
• Opt-out rights and retention/deletion obligations.

4. Formatting and scope clarification

The changes from straight quotation marks to typographic quotation marks are non-substantive. The definition of “Websites” appears to be expanded or continued to include the Optimizely website, sub-sites, and other websites; the complete replacement text is needed to assess the precise scope.

Key risk

Because the diff omits the apparent replacement provisions, it is not possible to determine whether important protections have merely been relocated. Do not treat the deletion alone as eliminating Optimizely’s rights or obligations without reviewing the complete updated Terms and incorporated documents.

Summary

The supplied diff does not include the actual amended contract language. It only states:

> “Added approximately 1904 words to the document”

Accordingly, it is not possible to identify the legal effect of the changes, including whether they alter:

• Customer data ownership or usage rights
• Permission to use customer data for AI or machine-learning model training
• Whether customer data may be used to train general-purpose models or only provide services
• De-identification, aggregation, or anonymization rights
• Disclosure of customer data to affiliates, vendors, or subprocessors
• Data retention, deletion, or security obligations
• Confidentiality restrictions
• Intellectual-property ownership
• Liability, indemnification, or limits of liability
• Consent, opt-out, or termination rights
• International data transfers or regulatory compliance

AI-Training Risk Assessment

No conclusion can be drawn about AI-model training from the information provided. The added language could potentially introduce material rights to use customer content, prompts, outputs, metadata, or usage information to train, improve, evaluate, or fine-tune AI systems, but the actual wording is necessary to assess this.

Particular provisions to review include language using terms such as:

• “train,” “fine-tune,” “improve,” or “develop” models
• “service improvement” or “product improvement”
• “de-identified,” “aggregated,” or “anonymized” data
• “customer content,” “inputs,” “outputs,” or “usage data”
• Rights granted to “affiliates,” “service providers,” or “third parties”
• Perpetual, irrevocable, worldwide, royalty-free, or sublicensable licenses
• Any distinction between enterprise/customer-controlled models and shared or general-purpose models
• Opt-out, deletion, or data-isolation mechanisms

Required Information

Please provide the actual redlined text, with additions, deletions, and replacements shown. Without the substantive language, no reliable legal-risk analysis or comparison can be performed.

Executive Summary

The diff shows mostly punctuation/typography corrections and one substantive change to the definition of “Websites.” It also appears to delete the entire body of the prior terms, including the content license and other legal protections, without showing replacement language. The excerpt does not contain any express provision authorizing or prohibiting the use of customer data to train AI models.

Important Changes

1. Expanded definition of “Websites”

The definition changes from referring to:

• www.optimizely.com

to referring to:

• www.optimizely.com
• its sub-sites
• “other websites” (the excerpt appears incomplete)

Risk: The Terms may apply to a broader range of Optimizely-operated websites or online properties. Because the sentence is truncated, it is unclear exactly which additional websites are covered.

2. Prior substantive terms appear to be deleted

The diff deletes the former provisions concerning:

• Eligibility and legal compliance
• User-submitted content
• Suspension or termination
• Third-party websites and integrations
• Downloads and malware
• Ownership and intellectual property
• Prohibited uses
• Customer indemnification
• Warranty disclaimers
• Limitation of liability, including the $100 cap
• New York governing law and exclusive venue
• Changes to the Terms
• Assignment, waiver, severability, and survival
• DMCA/copyright procedures

No replacement text is shown in the supplied diff.

Risk: If these provisions were actually removed rather than relocated, the agreement may have materially changed. The consequences could include:

• No express license governing submitted content
• Different or absent liability limitations
• Loss of express indemnity obligations
• Different dispute-resolution or governing-law rules
• Reduced clarity regarding acceptable use and intellectual-property ownership
• No stated copyright-notice procedure

However, this may be an incomplete diff or a restructuring into another document. The final, consolidated Terms should be reviewed before drawing definitive conclusions.

AI-Training and Data Use

No express AI-training provision identified

The supplied changes do not expressly state that Optimizely may:

• Use customer data to train, fine-tune, or improve AI models
• Use submitted content as model-training data
• Share customer data with AI providers
• Create derivative datasets, embeddings, or model outputs from customer data

Relevant deleted language

The deleted “Content” provision granted Optimizely a broad, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, exploit, and create derivative works from user-submitted content. It did not expressly mention AI training, but its breadth could potentially have supported certain model-development uses, depending on the data and applicable law.

Because that provision appears deleted, the Terms now provide no visible contractual grant concerning submitted content or AI training. The Privacy Notice remains incorporated by reference and should be checked for AI, analytics, service-improvement, de-identification, or machine-learning language.

Summary

The provided diff only states:

> “Added approximately 1904 words to the document”

It does not include the actual added contractual language or identify any deletions or replacements. As a result, it is not possible to determine:

• What legal terms changed;
• Whether the customer assumed new obligations or liabilities;
• Whether the provider obtained broader rights;
• Whether fees, termination, confidentiality, security, indemnity, or limitation-of-liability provisions changed; or
• Whether the customer’s data may now be used to train, improve, or evaluate AI models.

AI-Training and Data-Use Review

No substantive language concerning AI, machine learning, model training, model improvement, analytics, product development, or data usage is included in the diff provided.

Accordingly, it cannot be determined whether the new language:

• Permits training models on customer content or personal data;
• Allows use of data in aggregated, de-identified, or pseudonymized form;
• Allows human review or sharing with subprocessors or third-party model providers;
• Grants the provider ownership or a broad license to customer data or outputs;
• Allows retention of data after termination; or
• Provides an opt-out, deletion right, or restriction on training use.

Risk Assessment

Assessment: Incomplete. The word-count statement alone does not establish whether the changes create legal risk. The actual 1,904 added words are required for meaningful review.

Information Needed

Please provide the full redlined text, including:

1. The added language in {braces};

2. Deleted language in [brackets]; and

3. Replacement language in []{braces}.

Particular attention should be given to sections titled Data Use, Customer Content, Confidentiality, Privacy, Artificial Intelligence, Machine Learning, Service Improvement, License, Subprocessors, Security, and Termination.

Summary of Important Changes

1. Major deletion of substantive terms

The diff appears to remove nearly all substantive provisions governing Website use, including:

• Eligibility requirements: No longer expressly requiring users to be at least 18, not previously suspended, or compliant with applicable laws.
• Content rights: Removal of the provision granting Optimizely a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, display, and exploit user-submitted content.
• Suspension and termination: Removal of Optimizely’s express right to suspend or terminate access at any time without notice or liability.
• Third-party websites and integrations: Removal of disclaimers concerning linked websites, third-party applications, platform integrations, and add-on terms.
• Security and downloads: Removal of virus and harmful-code disclaimers.
• Intellectual property and prohibited uses: Removal of ownership protections and restrictions against unauthorized access, abuse of APIs, circumvention of limits, unlawful use, and interference with the Websites.
• Indemnification: Removal of the customer’s obligation to defend and indemnify Optimizely for claims arising from use of the Websites, legal violations, or third-party rights violations.
• Disclaimers and limitation of liability: Removal of “as-is” disclaimers, warranty exclusions, consequential-damages exclusions, and the aggregate liability cap of $100.
• Governing law and venue: Removal of New York governing-law and exclusive-venue provisions.
• Changes to terms: Removal of Optimizely’s express ability to modify the Terms by posting revised versions.
• General contractual provisions: Removal of incorporation-by-reference, assignment, waiver, severability, survival, and entire-agreement language.
• DMCA procedure: Removal of copyright-infringement notice and counter-notice procedures.

2. Customer data and AI-model training

The diff contains no express provision authorizing or prohibiting the use of customer data to train AI models.

The deleted Content license was broad enough to permit Optimizely to “use,” “incorporate,” “exploit,” and create derivative works from submitted content. Although it did not expressly mention artificial intelligence, that language could potentially have been interpreted to cover analytics, model development, or AI training depending on the context and applicable law. Its removal reduces that specific contractual authorization.

However, this diff does not establish that customer data will not be used for AI training. The Privacy Notice and other product-specific agreements should be reviewed for any separate data-use, de-identification, service-improvement, or AI-training rights.

3. Formatting-only changes

The changes from straight quotation marks to typographic curly quotation marks and minor punctuation/spacing edits appear non-substantive.

Summary of Changes

Overall change

• Approximately 1,904 words were removed from the document.
• No replacement language or new wording was provided.
• Because the deleted text is not identified, the specific legal and commercial effects cannot be determined from this diff alone.

Key legal risks

Loss of protections

The deleted provisions may have contained protections relating to:

• Confidentiality and permitted use of information
• Data security and breach notification
• Ownership of customer data and intellectual property
• Service levels, warranties, and indemnities
• Liability limits and exclusions
• Audit, compliance, and regulatory obligations
• Termination, data return, and deletion requirements

Removing these terms could leave the customer with fewer contractual rights or make important obligations unclear.

Increased ambiguity

If the deleted provisions addressed definitions, exceptions, or procedures, their removal may create uncertainty about:

• What information is covered by the agreement
• Which party bears responsibility for particular risks
• How disputes or data incidents must be handled
• Whether obligations continue after termination

AI training and data use

• The supplied diff does not show whether any AI-related provisions were deleted.
• It is therefore impossible to confirm whether the agreement now:
• Permits or prohibits using customer data to train, fine-tune, or improve AI models
• Allows use of customer prompts, inputs, outputs, or usage data for model development
• Requires customer consent or provides an opt-out
• Restricts human review or access to customer data
• Protects customer data from being incorporated into shared or public models
• Requires deletion of training data after termination
• Clarifies ownership of AI-generated outputs or model improvements

If the deleted language included restrictions on AI training or secondary use, its removal could materially expand the provider’s ability to use customer data. Conversely, deletion of a permission may restrict such use. The direction of the change cannot be determined without the original and revised text.

Recommended follow-up

Obtain a full before-and-after redline or the complete prior and current versions. In particular, compare provisions under headings such as:

• Data use and confidentiality
• Artificial intelligence or machine learning
• Data processing
• Product improvement and analytics
• Intellectual property
• Security and deletion
• Termination

Until that comparison is available, the deletion should be treated as a potentially material change requiring legal review.

The publisher records this document as revised on this date (“dated: Oct 10 2024”).