Progress

Summary of Review

Scope of the Diff

The provided diff contains only the statement:

> “Added approximately 2445 words to the document”

No actual contract language, additions, deletions, or replacements were included. As a result, the substantive legal changes cannot be analyzed.

Customer Data and AI Training

The diff does not disclose whether the new language:

• Permits the provider to use customer data, prompts, outputs, or metadata to train, fine-tune, improve, or evaluate AI models;
• Allows use of data in aggregated, anonymized, de-identified, or pseudonymized form;
• Applies training rights to human review, safety monitoring, product analytics, or service improvement;
• Gives the customer an opt-out or requires affirmative consent;
• Limits use to providing the contracted services;
• Restricts retention, secondary use, or disclosure of customer data;
• Addresses ownership of inputs, outputs, or model improvements; or
• Provides confidentiality, security, deletion, or compliance protections for data used in AI systems.

These are important risk areas, but the available diff does not show whether any of them changed.

Other Potentially Important Changes

Because the text of the 2,445 added words is missing, it is also impossible to assess changes concerning:

• Liability caps, indemnities, and exclusions;
• Data protection and security obligations;
• Subprocessors and third-party disclosures;
• Intellectual-property ownership and licensing;
• Warranties, disclaimers, and service levels;
• Termination and data deletion;
• Audit rights and compliance obligations;
• Governing law and dispute resolution; or
• Unilateral amendment and suspension rights.

Conclusion

No substantive contractual change can be identified from the supplied material. The full redline or the actual added, deleted, and replacement language is required to determine whether the customer’s data may be used to train AI models and to identify any associated legal risks.

Summary

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

> “Added approximately 7,983 words to the document”

Accordingly, it is not possible to identify specific changes, legal obligations, or new risks—including whether the customer’s data may be used to train AI models.

AI Training and Data-Use Review

The diff does not reveal whether the contract now includes provisions concerning:

• Use of customer data to train, fine-tune, or improve AI or machine-learning models
• Whether training is performed using identifiable, anonymized, aggregated, or de-identified data
• Whether customer data is used for the provider’s general commercial purposes or only to provide the contracted services
• Customer consent, opt-out, or objection rights
• Retention or deletion of data used for training
• Human review, model evaluation, or sharing with affiliates and third-party AI providers
• Ownership of model outputs, trained models, derivatives, or improvements
• Security, confidentiality, and regulatory compliance obligations
• Restrictions on using sensitive, personal, confidential, or regulated information

Risk Assessment

Because the substantive additions are missing, the following potentially significant risks cannot be assessed:

1. Expanded data-use rights: New language may authorize broader use of customer content beyond service delivery.

2. AI training rights: The provider may have obtained permission to use customer data to train or improve models, possibly without a separate consent requirement.

3. Loss of control: The contract may limit the customer’s ability to prevent future use, require deletion, or verify whether data was incorporated into a model.

4. Confidentiality concerns: Customer information could potentially be combined with other users’ data or disclosed to subprocessors.

5. Ownership and liability: New provisions may allocate ownership of outputs or model improvements to the provider and limit warranties or indemnities.

6. Regulatory exposure: AI-related processing may create privacy, confidentiality, sector-specific, or cross-border transfer risks.

Information Needed

Please provide the full redlined diff, including the added and deleted language. The AI-related provisions—especially sections concerning customer data, content, machine learning, artificial intelligence, model training, product improvement, anonymization, subprocessors, confidentiality, and deletion—should be included for a meaningful legal analysis.

Summary of Important Changes

Overall assessment

The diff is heavily duplicated and appears to include large-scale movement or re-rendering of the existing Terms of Use text rather than substantive revisions to the operative terms. The principal visible changes concern the website footer, privacy-related links, and contact-information formatting. No clear substantive amendment to the contractual terms governing use of the Site, Software, Services, Materials, submissions, liability, or dispute resolution is apparent.

Privacy and data use

• The footer has been reorganized:
• Several privacy and compliance links remain, including the Privacy Policy, US Resident Privacy Notice, Cookie Policy, Data Processing Agreement, Transfer Impact Assessment FAQ, and HIPAA Compliance FAQs.
• The revised footer adds or consolidates labels such as “Contact information,” “Privacy,” “Copyright,” “Trademarks,” “Security,” “Compliance,” and “Due Diligence.”
• Certain direct email addresses appear to be removed or replaced by general navigation labels, including addresses associated with privacy, copyright, trademarks, branding, legal, governance, and security.

• The operative privacy language remains materially the same:
• Users are directed to the Privacy Policy and supplemental disclosures.
• By using the Site, users acknowledge and agree to processing of their data in accordance with the Privacy Policy, as updated from time to time.

• AI-model training: The diff contains no express language authorizing, prohibiting, or restricting the use of customer data, submissions, prompts, outputs, or personal information to train, fine-tune, evaluate, or improve AI models. Accordingly, the diff does not appear to create a new contractual AI-training right. However, the existing broad submission license remains important: user submissions may be used worldwide, royalty-free, and sublicensed in connection with Progress Software’s business and services. Because “use” is broad and not expressly limited to AI training, customers should review the Privacy Policy, applicable service terms, and any product-specific AI terms for clarification.

Continuing customer risks

• The Privacy Policy may be updated over time, and the Terms can be updated without notice by posting revisions.
• Submissions are treated as non-confidential, and users grant broad rights to use, reproduce, modify, distribute, display, and sublicense them.
• Feedback is assigned to Progress Software without compensation.
• The Terms retain broad warranty disclaimers, liability exclusions, indemnity obligations, Massachusetts governing law and venue, and a one-year claim limitation.
• The terms disclaim responsibility for data loss and require users to bear servicing, repair, or correction costs resulting from use.

Recommended follow-up

Confirm whether a separate AI policy, product agreement, or Privacy Policy contains permissions concerning use of customer data for model training, and obtain written clarification if training restrictions are required.

Summary of Important Changes

Overall assessment

The diff appears primarily to update the website’s footer, legal-information navigation, and contact links. It also appears to insert or duplicate the full Terms of Use text in the page content. No substantive changes to the operative Terms of Use are apparent from the diff.

Key changes

1. Expanded legal and privacy resources

The legal-information links were reorganized and expanded. New or more prominently listed resources include:

• US Resident Privacy Notice
• Cookie Policy
• Candidate Privacy Notice
• Candidate Privacy Notice for California Residents
• Data Subject Request
• Data Processing Agreement
• Transfer Impact Assessment FAQ
• HIPAA Compliance FAQs
• Impressum
• Documentation
• Copyright
• Privacy Center

Risk/impact: These materials may contain important additional rules concerning personal data, international transfers, cookies, regulated data, and data-subject rights. Because the Terms incorporate or refer users to the Privacy Policy and supplemental disclosures, the customer should review those documents separately.

2. Updated contact information

The diff adds or separates contact addresses for:

• Privacy: privacy@progress.com
• Copyright: copyrights@progress.com
• Trademarks: trademarks@progress.com
• General legal matters: legal@progress.com
• Governance: bod@progress.com
• Security: security@progress.com

Risk/impact: This is administrative rather than substantive, but customers should use the updated addresses for notices or requests. The diff does not state that these addresses constitute formal contractual notice addresses.

3. Apparent duplication or page-rendering issue

The complete Terms of Use appear to be inserted more than once, including repeated acceptance, privacy, liability, indemnity, governing-law, and other provisions.

Risk/impact: If the duplication appears in the published version, it could create uncertainty about which copy controls, although the duplicated language appears materially identical. The customer should retain a clean, dated copy of the version accepted.

AI training and use of customer data

No new language expressly authorizes Progress to:

• Use customer data to train artificial-intelligence or machine-learning models;
• Use prompts, inputs, outputs, telemetry, or uploaded content for model training;
• Share customer data with AI providers for training; or
• Restrict or prohibit such training.

The existing language says data is processed according to the Privacy Policy, as updated from time to time. The Submission clause grants Progress a broad license to use posted submissions in connection with its business, but it does not expressly mention AI training. Because the Privacy Policy and supplemental notices may change independently, customers should verify those documents for any AI-related data-use provisions.

Summary

Scope of the Diff

The diff only states:

> “Removed approximately 7,983 words from the document”

It does not identify which clauses, definitions, rights, obligations, or limitations were deleted. Accordingly, a substantive legal comparison is not possible from the information provided.

Potential Legal Significance

A deletion of this size could materially affect, among other things:

• Data ownership and licensing rights
• Permitted uses of customer data
• Confidentiality and security obligations
• Data retention and deletion requirements
• Liability, indemnification, and warranties
• Service levels and termination rights
• Intellectual-property ownership
• Audit, compliance, and regulatory provisions
• Dispute resolution and governing law

The deletion itself creates a review risk because important protections or restrictions may have been removed without being apparent from the supplied text.

AI Training and Customer Data

The provided diff does not identify whether any language concerning the use of customer data to train, fine-tune, evaluate, or improve AI models was:

• Added
• Removed
• Narrowed or expanded
• Made subject to consent or opt-out rights
• Limited to anonymized or aggregated data
• Extended to affiliates, contractors, or third-party model providers
• Allowed for commercial model development or other customers’ benefit

Therefore, no reliable conclusion can be drawn about whether the customer’s data may now be used for AI training, or whether existing restrictions remain in place.

Recommended Follow-Up

Obtain the actual redline or both the prior and revised versions of the document. The review should specifically compare:

1. Definitions of “Customer Data,” “Usage Data,” and “Aggregated” or “De-identified Data.”

2. Licenses granted to the provider and any affiliates or subcontractors.

3. Clauses addressing AI training, model improvement, benchmarking, or product development.

4. Consent, opt-out, deletion, and data-retention rights.

5. Confidentiality, security, and restrictions on disclosure.

6. Liability and remedies for unauthorized data use.

Until the deleted text is reviewed, the change should be treated as potentially material and its impact as indeterminate.

Summary

The supplied diff only states:

> “Added approximately 7,983 words to the document”

It does not include the actual added language, deleted language, or replacement text. As a result, the substantive legal changes cannot be evaluated.

AI Training and Customer Data

• No contractual language concerning customer data, AI model training, machine learning, model improvement, data retention, or data sharing is provided.
• It is therefore impossible to determine whether the revised document:
• Permits the provider to use customer data to train or fine-tune AI models;
• Uses customer data for product improvement, analytics, or model evaluation;
• Allows use of aggregated, de-identified, or pseudonymized data;
• Shares data with affiliates, contractors, or third-party AI providers;
• Gives the customer an opt-out or requires consent;
• Imposes deletion, confidentiality, security, or data-isolation obligations; or
• Grants the provider ownership or broad license rights in customer inputs, outputs, or derived data.

Other Legal Risks

The addition of approximately 7,983 words may materially change important provisions, potentially including:

• Liability limitations and indemnities;
• Warranties and disclaimers;
• Confidentiality and privacy obligations;
• Data security and breach notification;
• Intellectual-property ownership and licenses;
• Termination and data deletion;
• Service levels and suspension rights;
• Fees, renewals, and payment terms;
• Governing law and dispute resolution.

However, no specific risk can responsibly be identified without the actual text.

Information Needed

Please provide the full marked-up diff, or at least the newly added and replaced provisions—especially clauses addressing:

• Customer data and content;
• AI, machine learning, or model training;
• Confidential information;
• Data retention and deletion;
• Subprocessors or third-party providers; and
• Intellectual-property rights.

Summary of Important Changes

1. Broader international processing and transfers

• Deleted: Statements that data is processed in “secure computing environments” and in Progress’s corporate offices, development environments, and production cloud products.
• Added: Personal information may be stored and processed in the United States or any other country where Progress, its affiliates, subsidiaries, or third-party service providers maintain facilities.
• Added: By opting in and providing information, individuals acknowledge processing and transfers “within the United States and around the world.”

Risk: This materially broadens the disclosed processing locations and may permit transfers through a wider range of affiliates and service providers. Customers should confirm applicable transfer mechanisms, safeguards, subprocessors, and localization requirements under the relevant DPA.

2. Removal of specific HIPAA and SOC 2 assurances

• Deleted: Progress’s statements that it had implemented technical and organizational measures to ensure HIPAA compliance, operated secure computing environments, and annually audited its security solutions to maintain SOC 2 and HIPAA validation.
• Added: More general privacy-policy language concerning collection, use, sharing, and data processing.

Risk: The revised language provides less specific assurance regarding security controls, HIPAA compliance, audits, and certifications. Regulated customers should rely on the operative DPA, security documentation, and contractual commitments rather than this summary page.

3. New or expanded disclosure regarding sharing

• Added: Progress “does not share, sell, rent, or trade personal information with third parties for their promotional purposes,” unless otherwise described in the full Privacy Policy.

Risk: This is limited to third-party promotional purposes and does not prohibit disclosures to service providers, affiliates, authorities, or other recipients described elsewhere in the Privacy Policy. It should not be read as a general prohibition on disclosure.

4. Data-subject rights and retention language

• Added: References to requests to access, change, or delete information.
• Added: Retention while an account is active or as needed to provide services, with continued retention for legal obligations, dispute resolution, and enforcement.
• Added: A preference center for marketing communications.

Risk: Retention periods remain open-ended, and deletion may not be immediate or complete where legal or contractual exceptions apply.

5. DPA and international-transfer language

The diff substantially reorganizes or removes the prominent references to GDPR, UK GDPR, LGPD, CCPA, Swiss law, Standard Contractual Clauses, and the UK Data Transfer Addendum, although similar material appears elsewhere in the resulting text.

Risk: The revised page may make it less clear which DPA, transfer terms, or contractual safeguards apply. Customers should verify the current incorporated documents and their contractual priority.

6. AI-model training

No express change authorizes or prohibits using customer data to train AI models. The revised text does not mention artificial intelligence, machine learning, model training, prompts, inputs, outputs, or de-identification.

Risk: The absence of an AI-specific restriction leaves uncertainty. Customers should seek an explicit contractual statement that customer content and personal data will not be used to train or improve general-purpose AI models, unless expressly authorized.

Summary

The provided diff only states:

> “Added approximately 2445 words to the document”

It does not include the actual added, deleted, or replaced legal language. Therefore, it is not possible to identify:

• Changes to customer data rights or permitted uses
• Whether customer data may be used to train, fine-tune, validate, or improve AI models
• Whether data is anonymized, aggregated, or de-identified before such use
• Whether customer consent is required or can be withdrawn
• Data retention, deletion, or opt-out rights
• Confidentiality and security obligations
• Changes to intellectual-property ownership or licensing
• New disclosures, warranties, indemnities, or liability limitations
• Whether third-party providers may access or use the data
• Cross-border data transfers or regulatory compliance obligations

AI Training Risk Assessment

No conclusion can be reached about AI-training practices because the relevant contractual language was not provided. In particular, the diff does not show whether the provider has added rights to:

1. Use customer content to train general-purpose or product-specific AI models;

2. Use prompts, inputs, outputs, metadata, usage data, or customer feedback for model improvement;

3. Retain data after termination for training or research;

4. Share data with affiliates, subcontractors, or model providers;

5. Combine customer data with other customers’ data; or

6. Claim ownership of model outputs, derived data, or model parameters generated using customer content.

Information Needed

Please provide the actual redline text, including the 2,445 added words and any deleted or replaced provisions. The analysis should focus especially on terms such as:

• “train,” “fine-tune,” “improve,” “develop,” or “evaluate” models;
• “customer content,” “usage data,” “inputs,” “outputs,” or “feedback”;
• “de-identified,” “aggregated,” or “anonymized” data;
• “service improvement” or “product development”;
• “license,” “ownership,” and “residuals”; and
• deletion, retention, confidentiality, and opt-out provisions.

Structured Summary of Important Changes

1. AI-model training and customer-data use

• No express provision was added or removed concerning AI, machine learning, generative AI, model training, or use of customer data to train models.
• The Terms continue to state that:
• User data is processed under Progress’s Privacy Policy, as updated from time to time.
• Information submitted to the Site, including feedback and suggestions, may be used under a broad, worldwide, royalty-free license to operate Progress’s businesses and Services.
• Feedback is assigned to Progress, without compensation.
• Submissions are treated as non-confidential, and users have no expectation of confidentiality.
• Although these provisions could potentially cover some uses of submitted content, they do not specifically authorize or prohibit training AI models. The applicable Privacy Policy and any product-specific agreement should be reviewed for that issue.

2. Privacy and data-use risk

• The Terms continue to incorporate the Privacy Policy and supplemental privacy disclosures as updated from time to time.
• This creates a risk that important data-use practices may be changed through external policy updates rather than by amending the Terms directly.
• The Terms do not provide specific limits on:
• Retention or deletion of customer data;
• Use of customer content for product improvement;
• De-identification or anonymization;
• Sharing with AI or other technology providers; or
• Whether customer content may be included in training datasets.

3. Submission and intellectual-property rights

• The broad license for Submissions remains important. It permits Progress and its sublicensees to copy, distribute, display, reproduce, edit, translate, reformat, and otherwise use submitted content in connection with Progress’s businesses and Services.
• Progress may sublicense these rights to suppliers.
• Users receive no compensation, and Progress may remove or decline to use Submissions.
• Users represent that they own or control the necessary rights and accept responsibility for legality, accuracy, and appropriateness.
• Risk: Customers should avoid submitting confidential, proprietary, regulated, personal, or third-party material unless they are comfortable with this broad license.

4. Other apparent changes

• The visible changes primarily concern footer navigation and contact information. References to specific email addresses were removed or consolidated, while broader categories such as Branding, General Legal, Governance, Security, Privacy, Compliance, and Due Diligence were added or retained.
• The diff appears heavily duplicated and structurally malformed. It does not clearly show substantive changes to liability, indemnity, governing law, confidentiality, intellectual property, or termination provisions.

Overall assessment

The diff does not establish a new express right to train AI models using customer data. However, the existing broad Submission license and incorporation of an updateable Privacy Policy leave the scope of future AI-related use unclear.

Summary

Scope of the Change

• The diff states that approximately 2,445 words were removed from the document.
• No replacement language or details of the deleted provisions are provided.
• Because the deleted text is not included, the specific legal and commercial effects cannot be determined.

Potential Legal Risks

• Loss of protections: Deleted provisions may have contained customer protections, warranties, service commitments, confidentiality obligations, security requirements, audit rights, or remedies.
• Changed allocation of risk: Removal of indemnities, liability caps, exclusions, insurance requirements, or compliance obligations could materially shift risk between the parties.
• Reduced operational certainty: Deleted definitions, procedures, notice requirements, or termination rights may create ambiguity about how the agreement operates.
• Unintended inconsistency: Removing provisions may leave cross-references, defined terms, or surviving obligations incomplete or internally inconsistent.
• Data and privacy exposure: Deleted language may have limited data processing, required security measures, addressed international transfers, or allocated responsibility for privacy-law compliance.

AI Training and Customer Data

• The supplied diff does not identify whether any language concerning AI models, machine learning, training, fine-tuning, model improvement, prompts, outputs, or customer data was added or removed.
• It is therefore impossible to determine whether the agreement now:
• Permits or prohibits using customer data to train AI models;
• Allows use of customer data for service improvement or analytics;
• Requires de-identification, aggregation, or anonymization;
• Gives the provider rights to retain or reuse inputs, outputs, or usage data;
• Allows human review of customer content;
• Restricts use of confidential or personal information; or
• Provides opt-out, deletion, ownership, or audit rights.

Recommended Next Step

Provide the actual deleted text, or a redline showing the specific provisions removed. Particular attention should be given to sections titled Data Use, Privacy, Confidentiality, Security, Artificial Intelligence, Machine Learning, Service Improvement, Content, Intellectual Property, and Training Data.

Summary

The diff only states: “Added approximately 7,983 words to the document.”

No actual contract language, deletions, replacements, or additions are provided. As a result, it is not possible to identify:

• Changes to rights or obligations
• New liabilities, warranties, indemnities, or limitations of liability
• Changes to termination, payment, confidentiality, or governing law
• How customer data may be collected, accessed, retained, disclosed, or deleted
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Whether data may be shared with affiliates, vendors, or third-party AI providers
• Any opt-out, consent, security, or confidentiality protections relating to AI training

AI-Training Risk Assessment

Cannot be determined from the supplied diff. The word-count statement does not reveal whether the new provisions:

• Permit use of customer content or personal data for model training
• Distinguish between “service improvement” and AI/model training
• Use customer data in aggregated, de-identified, or identifiable form
• Apply different rules to inputs, outputs, prompts, logs, or usage metadata
• Allow human review or contractor access to customer data
• Provide retention limits or deletion rights
• Restrict use of data to the customer’s account or require consent

Required Information

To perform a meaningful legal analysis, provide the actual redline text, including the added provisions and any deleted or replaced language. In particular, include sections addressing:

• Data use and ownership
• Privacy and confidentiality
• Artificial intelligence, machine learning, or model improvement
• Service providers and subprocessors
• Security and data retention
• Customer content, inputs, outputs, and usage data

Summary

The provided diff only states:

> “Added approximately 2445 words to the document”

It does not include the actual added, deleted, or replaced contractual language. As a result, it is not possible to reliably identify:

• Changes to customer data rights or ownership
• New permissions to access, process, share, or retain customer data
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Opt-out, consent, or deletion rights relating to AI training
• New confidentiality, security, or data-breach obligations
• Changes to liability, indemnification, warranties, or regulatory compliance
• Whether the provider may use de-identified, aggregated, or derived data
• Changes to subcontractor, affiliate, or third-party data access

AI-Training Risk Assessment

No conclusion can be drawn regarding AI-model training because the relevant contractual wording is missing. The added text could potentially introduce important permissions—such as allowing use of customer content for model training or product improvement—but that cannot be confirmed from the word-count statement alone.

Information Needed

Please provide the complete marked-up text, including:

• Additions in {...}
• Deletions in [...]
• Replacements in [...]{}
• Any surrounding headings or clauses needed to understand the changes

Without the substantive diff, the only observable change is that approximately 2,445 words were added.

Summary of Important Changes

Overall assessment

The diff appears heavily malformed and repetitive. It largely rearranges, duplicates, or removes website-footer navigation and contact information rather than changing the operative Terms of Use. The substantive contractual provisions—including use restrictions, confidentiality, submissions, disclaimers, liability limits, indemnity, governing law, and amendment rights—appear unchanged.

Privacy and customer data

• No express AI-training provision was added or removed. The diff does not mention:
• artificial intelligence or machine learning;
• training, tuning, or improving AI models;
• use of customer content or data for model development;
• whether data is de-identified or aggregated before training; or
• any opt-out, objection, or customer approval right.
• The existing “Policy on Privacy” language remains substantially the same. It states that use of the Site constitutes agreement to processing of data under Progress’s Privacy Policy, as updated from time to time.
• The existing “User Information” provision continues to make the user responsible for registration information (“Your Data”), account credentials, and account activity.
• The existing Submission license remains broad. Submitted materials may be used worldwide, royalty-free, sublicensed, copied, distributed, displayed, edited, translated, and reformatted in connection with Progress’s business and services. Users also represent that submissions are not confidential.
• This Submission license is not expressly limited to AI training, but its broad wording could potentially cover content used in future product development or automated systems, depending on how Progress interprets “operation of their businesses” and “Services.” The privacy policy and any product-specific agreement should therefore be reviewed separately.

Other notable changes

• Footer navigation was reorganized:
• several detailed privacy, compliance, copyright, trademark, and contact links were replaced with more general labels;
• specific email addresses, including privacy, copyright, trademark, legal, governance, and security addresses, appear to have been removed or replaced by generic navigation text.
• The changes may make it less clear how users contact Progress or locate specific privacy and compliance materials.
• References to resources such as the Privacy Center, Data Processing Agreement, Transfer Impact Assessment, and HIPAA FAQs remain generally present, although the surrounding formatting and link structure changed.
• The Terms continue to permit Progress to update the Terms without notice, making monitoring of the posted version important.

Risk assessment

Primary risk: No new AI-training right is apparent in this diff. However, the unchanged broad Submission license and incorporation of the Privacy Policy by reference leave data-use details largely outside the Terms of Use. Customers should confirm the current Privacy Policy, applicable Data Processing Agreement, and any service-specific AI terms before submitting confidential, personal, regulated, or proprietary data.

Summary of Changes

Nature of the Amendment

• Approximately 2,445 words have been removed from the document.
• The diff does not identify which specific clauses, sections, or terms were deleted.
• Because the deleted text is not provided, it is not possible to determine the exact legal or commercial effect of the changes.

Key Risks

• Loss of customer protections: Deleted provisions may have addressed confidentiality, security, privacy, data ownership, service levels, warranties, indemnities, liability limits, or termination rights.
• Unclear allocation of risk: Removing contractual language can create ambiguity about which party bears responsibility for data breaches, regulatory violations, service failures, or third-party claims.
• Potential loss of negotiated rights: The deletion may remove audit rights, notice obligations, deletion/return-of-data requirements, restrictions on subcontractors, or remedies for non-compliance.
• Interpretation risk: If the deleted provisions were necessary to define or limit other clauses, their removal may change how the remaining agreement is interpreted.

AI Training and Customer Data

• The available diff contains no specific language concerning AI, machine learning, model training, artificial intelligence, or use of customer data.
• Accordingly, it is not possible to determine whether the amendment:
• Permits or restricts training AI models using customer data;
• Allows use of customer data to improve products or services;
• Permits use of de-identified, aggregated, or derived data for training;
• Requires customer consent or provides an opt-out;
• Limits use of customer data to providing the contracted services; or
• Requires deletion of customer data from training datasets or trained models.

Recommended Review

The complete deleted text should be obtained and compared against the remaining agreement. Particular attention should be given to clauses addressing:

1. Customer data ownership and permitted uses;

2. AI training, model improvement, and derived data;

3. Confidentiality and data security;

4. Data retention, deletion, and return;

5. Privacy-law compliance;

6. Indemnities and limitations of liability; and

7. Termination and post-termination obligations.

Without the actual deleted language, no definitive conclusion can be reached about whether customer data may now be used to train AI models.

Summary

The provided diff states only:

> “Added approximately 7,983 words to the document.”

It does not include the actual added contractual language or identify which provisions changed. As a result, it is not possible to reliably determine:

• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether such use is automatic, optional, or subject to customer consent;
• Whether customer data may be shared with affiliates, vendors, or third-party model providers;
• Whether data is anonymized, aggregated, de-identified, or retained in identifiable form;
• Whether prompts, inputs, outputs, metadata, usage data, or confidential information are included;
• Whether the provider may use data for human review, safety monitoring, or product development;
• Retention, deletion, security, or data-location obligations;
• Ownership or licensing rights in customer data, outputs, or model improvements;
• Any new indemnities, liability exclusions, audit rights, or termination rights.

AI-Training Risk Assessment

No specific AI-training provision can be identified from the supplied material. However, the addition of approximately 7,983 words is substantial and may contain materially different data-use, privacy, confidentiality, intellectual-property, or AI-related terms. The absence of the text prevents assessment of whether the changes:

• Expand the provider’s rights to use customer data;
• Permit training on customer content by default;
• Allow use after termination;
• Permit disclosure to third parties;
• Limit the provider’s responsibility for unauthorized model memorization or disclosure; or
• Override prior restrictions through updated terms, incorporated policies, or broad license language.

Conclusion

This diff is insufficient for legal review. The full added text, or at least the sections concerning data use, artificial intelligence, confidentiality, privacy, intellectual property, security, retention, and service improvement, is needed to identify important changes and risks.

Summary

The supplied diff only states that approximately 2,445 words were added. It does not include the actual added language or identify which provisions changed.

Important Changes

• Cannot be determined from the provided information.
• The number of added words alone does not reveal whether the changes affect:
• Customer rights or obligations
• Fees, renewal, termination, or liability
• Confidentiality and security
• Intellectual property ownership
• Data processing or international transfers
• Warranties, indemnities, or dispute resolution
• Use of subcontractors or service providers

AI Training and Customer Data

The diff does not provide enough text to determine whether customer data may be used to train, fine-tune, evaluate, or improve AI models.

In particular, the missing language should be reviewed for whether it:

• Permits use of customer content, prompts, inputs, outputs, telemetry, or usage data for model training or product improvement
• Applies to personal data, confidential information, or customer-provided materials
• Allows use by the provider, its affiliates, contractors, or third-party AI providers
• Uses broad terms such as “improve,” “develop,” “research,” “analytics,” or “service enhancement”
• Provides an opt-out, consent requirement, or customer-controlled setting
• States whether data is de-identified, aggregated, anonymized, or retained
• Explains whether data is deleted after termination
• Grants the provider rights to use AI-generated outputs or derivative data
• Addresses whether training is performed by default or only with express permission
• Allocates responsibility for complying with privacy, confidentiality, and intellectual-property laws

Risk Assessment

No reliable legal risk assessment can be made without the actual additions. The statement that approximately 2,445 words were added is insufficient to identify new obligations, expanded provider rights, or changes to customer data protections.

Please provide the full redline or the added text for a substantive review.

Key Changes and Risks

1. No express AI-training authorization

• The revised text does not expressly state that customer or personal data may be used to train, fine-tune, evaluate, or improve AI models.
• It also does not expressly prohibit such use.
• The general purposes—such as understanding how websites, products, and services are used, personalizing experiences, and preventing fraud—remain broad. Depending on other contractual terms, Progress could argue that certain model-development activities fall within these purposes.
• Risk: Customers seeking assurance that their data will not be used for AI training should obtain an explicit contractual restriction, including treatment of prompts, outputs, uploaded files, telemetry, and derived data.

2. Broader international processing and transfers

• Processing is expanded from secure environments in specified Progress locations to the United States and any country where Progress, affiliates, subsidiaries, or third-party providers maintain facilities.
• The prior acknowledgment focused on transfers within the United States; the revised language acknowledges transfers “around the world.”
• Risk: This broadens potential locations and may increase exposure to foreign government access, regulatory requirements, and cross-border transfer compliance issues.

3. Removal of specific security and HIPAA commitments

The revised language removes or weakens references to:

• Technical and organizational measures to ensure HIPAA compliance;
• Secure computing environments;
• Annual security audits;
• SOC 2 and HIPAA validation;
• A dedicated HIPAA-practices link.

The replacement generally states that personal information may be stored and processed internationally.

• Risk: Less transparency and fewer express assurances regarding security controls and regulated health information. Customers handling PHI should rely on the operative agreement, BAA, DPA, and security documentation—not this summary.

4. Changes to data-sharing language

• The revised text adds a clear statement that Progress does not share, sell, rent, or trade personal information with third parties for promotional purposes, except as described in the full Privacy Policy.
• However, it still permits processing by affiliates, subsidiaries, and third-party service providers.
• Risk: The promotional-use restriction does not necessarily limit service-provider processing, analytics, product improvement, or AI-related processing.

5. Reduced contractual/privacy detail

The revision removes or relocates substantial detail concerning:

• GDPR, UK GDPR, LGPD, CCPA, and Swiss-law compliance;
• Standard Contractual Clauses and the UK Data Transfer Addendum;
• ShareFile-specific transfer terms;
• Data-subject access, correction, and deletion procedures;
• Retention standards and contact information.

Some material appears redirected to linked documents.

• Risk: Important protections may no longer be visible in the Privacy Center and may depend on external documents that can change over time.

6. Drafting and implementation concern

The diff appears to combine duplicated page content and navigation/footer material. The final published version should be checked carefully to ensure that operative privacy terms, links, and incorporated DPAs are complete and not inadvertently deleted.

Summary

The provided diff states only that approximately 7,983 words were removed. It does not identify the deleted language or provide any replacement text.

Key Implications

• Substantive review is not possible: Without the deleted provisions, it is impossible to determine which contractual rights, obligations, limitations, or protections changed.
• Potential risk from broad deletions: Removing a large amount of text could affect important provisions such as:
• Data ownership and usage rights
• Confidentiality and security obligations
• Privacy compliance
• Service levels and support
• Warranties and disclaimers
• Indemnification
• Liability caps and exclusions
• Termination rights
• Audit rights
• Governing law and dispute resolution
• AI-training provisions cannot be assessed: The diff does not reveal whether language was added, removed, or changed concerning:
• Use of customer data to train, fine-tune, or improve AI models
• Whether customer data may be used for product development or analytics
• Whether data is aggregated, anonymized, or de-identified before use
• Whether customer inputs, outputs, prompts, or feedback may be retained
• Opt-out or consent rights
• Restrictions on human review or third-party model providers
• Deletion and retention obligations
• Ownership of model improvements or generated outputs

Risk Assessment

The deletion of approximately 7,983 words should be treated as high risk until reviewed, particularly if the removed provisions included data-use, confidentiality, privacy, or liability terms. A deletion-only summary does not establish whether the customer’s data may now be used to train AI models, but it also provides no assurance that such use is prohibited.

Information Needed

To perform a meaningful legal analysis, provide either:

1. The complete before-and-after contract text;

2. A redline showing the deleted and added language; or

3. At minimum, the deleted sections and any replacement provisions, especially those addressing customer data, AI, machine learning, confidentiality, privacy, and security.

Summary

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

> “Added approximately 2445 words to the document”

Accordingly, it is not possible to identify the substance, legal effect, or risks of the changes.

AI Training and Customer Data

• No language is provided addressing whether customer data may be:
• Used to train, fine-tune, or improve AI models;
• Used to train models shared with other customers or the public;
• De-identified, aggregated, or retained for model development;
• Reviewed by human personnel for AI training or quality purposes;
• Used by subcontractors or third-party AI providers;
• Excluded from training unless the customer opts in or opts out;
• Deleted or removed from training datasets upon termination or deletion request.

• Therefore, no conclusion can be reached about whether the new terms expand or restrict the provider’s rights to use customer data for AI training.

Other Legal Risks

The actual additions are also needed to assess potential changes concerning:

• Data ownership and licensing rights;
• Confidentiality and permitted disclosures;
• Data retention and deletion;
• Security obligations and breach liability;
• Use of subprocessors;
• Compliance with privacy and data protection laws;
• Intellectual property ownership in outputs or derived models;
• Indemnification, warranties, and limitation of liability;
• Changes to termination rights or dispute procedures.

Required Information

Please provide the full text of the additions and any surrounding deleted or replacement language. Without the actual wording, the only reliable conclusion is that the diff indicates a substantial expansion—approximately 2,445 words—but does not reveal its legal meaning or any specific AI-training provisions.

Summary of Important Changes

1. Broader international processing and transfers

• Removed: Statements that data was processed in “secure computing environments” in Progress’s corporate offices, development environments, and production cloud products.
• Added: Personal information may be stored and processed in the United States or any other country where Progress, its affiliates, subsidiaries, or third-party service providers maintain facilities.
• Added: By opting in and providing information, individuals acknowledge processing and transfers “within the United States and around the world.”

Risk: This materially broadens the permitted geographic scope of processing and introduces third-party service-provider processing. The language provides limited detail about countries, safeguards, transfer mechanisms, or the customer’s ability to object.

2. Removal of specific HIPAA and SOC 2 assurances

• Removed: Commitments that Progress had technical and organizational measures designed to ensure HIPAA compliance.
• Removed: Statements that Progress audited its security solutions and processes annually to maintain SOC 2 and HIPAA validation.
• Added: General privacy and data-processing descriptions, but no equivalent specific assurance.

Risk: Healthcare customers may have less explicit contractual or public-policy support for HIPAA-related representations. The change may create uncertainty about whether those assurances remain applicable to particular products or services.

3. Revised data-sharing statement

• Added: Progress “does not share, sell, rent, or trade personal information with third parties for their promotional purposes,” unless otherwise described in the full Privacy Policy.
• This replaces broader language focused on Progress’s implementation of security measures.

Risk: The restriction is limited to third-party promotional purposes and does not prohibit sharing for service provision, analytics, affiliates, legal compliance, business transactions, or other purposes described elsewhere. The reference to the “full Privacy Policy” makes the operative limits dependent on another document.

4. Changes to customer rights and DPA language

• Added/clarified: Individuals may request access, correction, or deletion of their information, with a link for additional information.
• Added: Information may be retained while an account is active or as needed to provide services, and longer where necessary for legal obligations, disputes, or enforcing agreements.
• Removed or displaced: Detailed references to the DPA’s coverage of GDPR, UK GDPR, LGPD, CCPA, Swiss law, Standard Contractual Clauses, and the UK Data Transfer Addendum.
• Added: More general references and links to privacy, transfer, and data-processing resources.

Risk: The new presentation may make it less clear which terms apply to customer-provided data, particularly where the EULA, Terms of Service, DPA, and linked policies differ.

5. AI model training

• No express provision was added or removed concerning training, fine-tuning, or improving artificial-intelligence or machine-learning models.
• The revised language does not expressly authorize or prohibit using customer data, prompts, inputs, outputs, telemetry, or usage data for AI training.
• The general purposes—understanding use of websites, products, and services and personalizing experiences—could potentially encompass analytics or product improvement, depending on the full Privacy Policy and applicable contract.

Risk: Customers seeking assurance that their data will not train AI models should obtain an explicit contractual restriction, including treatment of inputs, outputs, metadata, de-identified data, and service-provider processing.

Summary

Key Limitation

The supplied diff states only:

> “Added approximately 2445 words to the document”

It does not include the actual added, deleted, or replaced contractual language. As a result, it is not possible to reliably identify:

• Changes to customer data rights or obligations
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• New data-licensing or ownership provisions
• Confidentiality, privacy, security, or retention changes
• New indemnities, liability limitations, or compliance obligations
• Changes to termination, deletion, audit, or subcontractor rights

AI-Training Analysis

No conclusion can be drawn from the provided information about whether the contract now permits or restricts use of customer data for:

• Training or fine-tuning generative AI models
• Improving models or services
• Human review or annotation
• Creating aggregated, anonymized, or derived data
• Sharing data with affiliates, vendors, or model providers
• Retaining inputs or outputs for future model development

The fact that approximately 2,445 words were added may indicate significant new obligations or permissions, but the nature and risk of those changes cannot be assessed without the text.

Information Needed

Please provide the actual redlined language, including:

1. All additions in {braces}

2. All deletions in [brackets]

3. All replacements in the format []{replacement}

4. Any relevant unchanged sections needed to understand the amendments

Particular attention should be given to provisions mentioning customer data, inputs, outputs, content, usage data, machine learning, artificial intelligence, training, improvement, aggregated data, anonymization, model providers, retention, or deletion.

Executive Summary

The diff primarily updates the site’s legal-information footer and contact links. It also appears to insert or duplicate the entire Terms of Use text within the page content, possibly due to a formatting or template error. No express provision addressing artificial intelligence, machine learning, model training, or use of customer data to train AI models appears in the diff.

Important Changes

1. Expanded Privacy and Compliance Resources

The footer now links to additional resources, including:

• US Resident Privacy Notice
• Cookie Policy
• Candidate Privacy Notices, including California-specific notice
• Data Subject Request
• Data Processing Agreement
• Transfer Impact Assessment
• HIPAA Compliance FAQs
• Impressum
• Documentation and Copyright resources

Risk/impact: These links may make additional privacy and compliance disclosures more prominent and could incorporate supplemental obligations or representations by reference. The Terms continue to state that data is processed according to the Privacy Policy “as updated from time to time,” allowing those external policies to change without a corresponding amendment to the Terms.

2. New or Revised Contact Information

The diff adds dedicated email addresses for:

• Privacy: privacy@progress.com
• Copyright: copyrights@progress.com
• Trademarks: trademarks@progress.com
• General legal matters: legal@progress.com
• Governance: bod@progress.com
• Security: security@progress.com

Risk/impact: This is generally administrative, but the addition of dedicated channels may create clearer expectations for submitting privacy, security, intellectual-property, or governance requests. The contract does not state response times, service levels, or that sending an email creates any legal notice.

3. Expanded Footer Categories

The footer adds “Privacy, Compliance and Due Diligence” and changes the trademark/legal navigation labels.

Risk/impact: This may improve access to compliance materials but could cause users or customers to treat linked documents as contractually incorporated. The Terms do not clearly identify which linked materials are legally binding or establish priority if they conflict.

4. Apparent Duplication or Template Error

The diff inserts the full Terms of Use repeatedly, including duplicated privacy-resource links and “Learn More Privacy Policy” text.

Risk/impact: If published as shown, the page could be confusing, misleading, or ambiguous about where the operative Terms begin and end. It may also create uncertainty about whether repeated text is a separate contractual section or merely duplicated navigation content. The formatting should be corrected before publication.

AI Training and Customer Data

No new or revised language expressly authorizes Progress to:

• Use customer data to train AI or machine-learning models;
• Use prompts, inputs, outputs, submissions, or telemetry for model training;
• Retain customer data for training;
• Share data with AI providers; or
• Exclude customer data from training.

The existing language grants Progress a broad license to use “Submissions” in connection with operating its businesses and Services, but it does not expressly mention AI training. Because “Submissions” may include user-provided content, customers should not assume that this language prohibits AI-related uses; the Privacy Policy and applicable product or data-processing agreements should be reviewed separately.

Summary of Important Changes

1. AI-model training and use of customer data

• No express provision authorizing or prohibiting AI training was added or removed. The diff does not contain terms such as “artificial intelligence,” “machine learning,” “training,” “model,” “generative AI,” or similar language.
• The existing “Materials Provided to Progress Software or Posted at the Site” provision remains important. It grants Progress and its sublicensees a broad, worldwide, royalty-free license to use Submissions—including the rights to copy, distribute, reproduce, edit, translate, reformat, and sublicense them—for operation of Progress’s businesses and Services.
• The license is not expressly limited to providing the Site or to a particular customer. Depending on how “operation of their businesses” is interpreted, it could potentially support internal analytics, product development, or AI-related uses of user-submitted content.
• Users represent that submissions are not confidential and have no expectation of confidentiality. This creates a significant risk if users submit customer data, source code, personal information, trade secrets, or other sensitive material.
• The terms do not state whether Submissions may be:
• used to train or fine-tune AI models;
• used to improve AI systems;
• retained after deletion or account termination;
• anonymized or de-identified;
• disclosed to AI vendors or other subprocessors; or
• excluded from model training upon request.

Practical implication: The diff does not itself create a clear new AI-training right, but the broad Submission license and lack of confidentiality could leave room for such use. Separate privacy, product, or AI terms should be reviewed.

2. Privacy and data-processing references

• The footer/navigation language is reorganized. Several detailed links and email addresses were replaced with broader categories such as:
• “Contact information”
• “Privacy”
• “Copyrights”
• “Trademarks”
• “Branding”
• “General legal”
• “Governance”
• “Security”
• The Terms continue to state that users agree to Progress processing their data under the Privacy Policy, as updated from time to time.
• Because the Privacy Policy may be updated separately, important data-use rights—including any future AI-training disclosures—may appear outside these Terms and may change without a corresponding amendment to the Terms.

3. Other notable observations

• The diff appears to contain substantial duplicated and structurally corrupted text, likely from a webpage or document extraction process. Confirm the clean published version before relying on it.
• The substantive Terms otherwise appear largely unchanged, including:
• broad intellectual-property ownership;
• restrictions on copying, scraping, and automated access;
• disclaimer of warranties;
• broad indemnity obligations;
• Massachusetts governing law and venue; and
• a one-year limitations period for claims.
• Progress may update the Terms without notice by changing the online posting, placing responsibility on users to monitor the page.

Executive Summary

The revision substantially changes the Privacy Highlights section from a security- and compliance-focused summary to a broader description of data uses, sharing, international processing, marketing preferences, and data-subject rights. The diff appears to contain duplicated or concatenated website content, so the final published text should be verified carefully.

Important Changes and Risks

1. New, broader description of data uses

The revised text states that Progress may use collected information to:

• Provide websites, products, services, and support;
• Respond to inquiries;
• Diagnose technical problems;
• Send marketing and educational communications;
• Send administrative notices;
• Understand use of websites, products, and services;
• Personalize websites, products, or features; and
• Prevent, detect, mitigate, and investigate fraud or illegal activity.

Risk: These purposes are broad and include analytics, personalization, and marketing. The language does not clearly limit use to what is necessary to provide the customer’s contracted services.

2. No express AI-training provision

The diff contains no express language authorizing or prohibiting the use of customer data, personal information, prompts, inputs, outputs, or usage data to train, fine-tune, evaluate, or improve AI models.

The new “How information about you will be used” list does not mention AI training. However:

• “Understand how our websites, products, and services are being used” could potentially be interpreted broadly enough to cover product improvement or model development.
• “Personalize your experience” and similar analytics purposes may permit related processing, depending on the full Privacy Policy and applicable agreements.
• The absence of a clear restriction means customers should not assume that customer content is excluded from AI training.

Recommended clarification: Add an explicit statement addressing whether customer data, service data, prompts, outputs, telemetry, and personal information may be used for AI training or improvement, including applicable opt-out rights and contractual limits.

3. Expanded international processing

Processing is no longer described only as occurring in “secure computing environments.” The revised language permits storage and processing in the United States or any country where Progress, affiliates, subsidiaries, or third-party service providers maintain facilities.

Risk: This materially broadens the potential geographic scope and reliance on affiliates and vendors. The text also states that providing information acknowledges international processing and transfers, which may be insufficient by itself for jurisdictions requiring a lawful transfer mechanism.

4. New statement against promotional sharing

The revised text states that Progress does not share, sell, rent, or trade personal information with third parties for their promotional purposes, unless otherwise described in the full Privacy Policy.

Risk: The qualification preserves exceptions elsewhere in the Privacy Policy. The statement also addresses promotional use only and does not prohibit sharing with service providers, affiliates, business partners, or other recipients for operational or commercial purposes.

5. Reduced emphasis on HIPAA and security assurances

Specific references to technical and organizational measures, secure environments, annual SOC 2 processes, and HIPAA validation are removed from the highlighted section.

Risk: Customers may receive fewer express assurances regarding security controls and HIPAA compliance, although such commitments may remain elsewhere.

6. Data rights and retention

The revision adds or emphasizes rights to access, change, or delete information and states that information may be retained while an account is active or as needed to provide services, comply with law, resolve disputes, or enforce agreements.

Risk: Retention remains open-ended, with no defined deletion period or clear treatment of backups and derived data.

Key Changes

1. Privacy notice substantially expanded and reorganized

• The prior short privacy summary has effectively been replaced with a much longer privacy-center notice and linked materials.
• The revised text refers users to the full Privacy Policy, Cookie Policy, state-specific notices, HIPAA FAQs, data-subject request procedures, and other resources.
• Risk: Important processing terms may now be located in external policies or linked documents rather than in the summary itself. Customers should review those incorporated documents and confirm which version governs their data.

2. New or expanded compliance statements

The revised notice adds references to:

• HIPAA technical and organizational measures;
• Secure corporate, development, and production-cloud environments;
• Annual security audits and SOC 2 and HIPAA validation;
• CCPA/CPRA compliance measures;
• GDPR, UK GDPR, Brazil’s LGPD, Swiss data-protection law, and related requirements.

Risk: These are largely compliance representations rather than detailed contractual warranties. The notice does not specify audit reports, security standards, breach remedies, liability allocation, or service-specific controls.

3. Data-processing addendum process clarified

The new language states that Progress will make available a pre-signed Data Processing Addendum (DPA) for customers supplying personal data under an applicable EULA or Terms of Service.

The DPA is described as addressing:

• GDPR Article 28;
• UK GDPR;
• LGPD;
• CCPA;
• Swiss data-protection requirements;
• International-transfer mechanisms.

For ShareFile customers, a dedicated DPA is incorporated by reference through the ShareFile trust website.

Risk: The wording may not itself constitute an executed DPA. Customers should confirm that the DPA is formally signed, governs in the event of conflict, and contains required terms on subprocessors, deletion, audit rights, security, breach notification, and assistance with data-subject requests.

4. International data transfers updated

The prior reference to processing in the United States and other countries is replaced or supplemented with references to:

• European Commission Standard Contractual Clauses;
• The UK International Data Transfer Addendum;
• Transfers worldwide through Progress affiliates and service providers.

The clauses may be amended, superseded, or replaced over time.

Risk: The transfer framework can change without a corresponding amendment to the main agreement. Customers should verify transfer-impact assessments, supplementary safeguards, and notice or objection rights for subprocessors.

5. AI-model training

• No express language has been added stating that customer data will be used to train, fine-tune, or improve AI models.
• The revised notice retains broad uses of information to understand use of websites/products, personalize experiences, diagnose issues, prevent fraud, and operate services.
• Those provisions could potentially cover analytics or product-improvement activities, depending on the full Privacy Policy and applicable EULA/DPA.

Risk: The absence of an express AI-training restriction means customers should obtain written confirmation that customer content, prompts, outputs, telemetry, and personal data will not be used to train general-purpose or third-party AI models unless expressly authorized.

Summary

The provided diff does not include the text of the approximately 7,983 added words. It only states that content was added.

AI Training and Data-Use Changes

• No determination can be made about whether the new language:
• Allows the customer’s data to train AI or machine-learning models;
• Permits use of customer data to improve products, algorithms, or services;
• Allows use of prompts, inputs, outputs, usage data, or derived data for training;
• Applies training rights to identifiable, anonymized, aggregated, or de-identified data;
• Permits sharing data with affiliates, subprocessors, vendors, or third-party AI providers;
• Gives the provider ownership or broad licensing rights over customer data or AI outputs;
• Provides an opt-out, deletion, retention, confidentiality, or security commitment relating to AI training.

Other Legal Risks

The substantive additions are not available, so it is not possible to assess changes concerning:

• Data ownership and permitted purposes;
• Confidentiality and privacy obligations;
• Intellectual-property rights;
• Security and breach responsibilities;
• Data retention and deletion;
• Subprocessors and international transfers;
• Indemnities, warranties, liability caps, or termination rights;
• Changes to governing law or dispute resolution.

Required Information

Please provide the actual added and deleted contractual language, including the relevant surrounding provisions. The statement “Added approximately 7983 words to the document” is not sufficient to identify legal changes or assess AI-training risks.

Diff Summary

Overall assessment

The diff appears heavily corrupted or improperly normalized: large sections of the existing Terms of Use are repeated multiple times, and many apparent changes are footer/navigation text rather than operative contractual provisions. Based on the text provided, no substantive changes to the core Terms of Use are clearly identifiable.

Important apparent changes

1. Website footer and contact-information restructuring

The diff reorganizes links and contact categories, including:

• Privacy Policy and related privacy notices
• Data Subject Request resources
• Data Processing Agreement and Transfer Impact Assessment FAQ
• HIPAA Compliance FAQs
• Copyright and trademark contacts
• General legal, governance, security, privacy, compliance, and due-diligence contacts

Some specific email addresses appear to have been removed or replaced with generic labels, including references to:

• privacy@progress.com
• copyrights@progress.com
• trademarks@progress.com
• legal@progress.com
• bod@progress.com
• security@progress.com

Risk: The revised presentation may make it less clear how customers should submit privacy, security, copyright, or legal requests. This is primarily an accessibility and notice issue, not a clearly changed contractual obligation.

2. Privacy-policy incorporation remains broad

The operative privacy language still states that users agree to Progress Software’s processing of data in accordance with its Privacy Policy, “as updated from time to time.”

Risk: This permits the applicable privacy disclosures to change without an express amendment to the Terms of Use. Customers should review the linked Privacy Policy and supplemental notices separately, because the Terms themselves do not define detailed data-use limitations.

3. Broad rights in user submissions remain

The Terms continue to grant Progress a worldwide, royalty-free license to use, reproduce, modify, distribute, display, and sublicense user submissions. Feedback may also be assigned to Progress without compensation.

The Terms also state that submitted information is not confidential and that users have no expectation of confidentiality.

Risk: Customers should not submit confidential business information, personal data, proprietary code, or regulated information through public or private site forums unless separately protected by an applicable agreement.

AI model training

No express change concerning AI or artificial-intelligence model training is visible in the supplied diff. The text does not add language authorizing Progress to use customer data, submissions, prompts, outputs, or account information to train, fine-tune, evaluate, or improve AI models.

However, the existing broad “Submission” license could potentially cover content posted to the Site, depending on how Progress interprets “operation of their businesses” and “Progress Software Services.” It does not expressly mention AI training, and the diff does not clarify whether customer data is excluded from model training.

Recommended follow-up

• Obtain a clean, line-based version of the diff.
• Review the linked Privacy Policy and any AI-specific product or service terms.
• Confirm whether customer content is used for AI training, retained for that purpose, shared with providers, or excluded through contractual commitments.

Key Changes and Risks

1. Legal and privacy navigation expanded

The footer and legal-information links were substantially expanded. New or more prominent links include:

• US Resident Privacy Notice
• Cookie Policy
• Candidate Privacy Notice
• Candidate Privacy Notice for California Residents
• Data Subject Request
• Data Processing Agreement
• Transfer Impact Assessment
• HIPAA Compliance FAQs
• Impressum
• Documentation
• Security and due-diligence contacts

Additional dedicated email addresses were added or clarified, including:

• privacy@progress.com
• copyrights@progress.com
• trademarks@progress.com
• legal@progress.com
• bod@progress.com
• security@progress.com

Risk/impact: These links may incorporate supplemental privacy, security, data-processing, or compliance terms by reference. Customers should review whether those documents impose additional obligations or provide different data-use rights.

2. Terms of Use text appears to have been added or duplicated

A complete Terms of Use appears within the revised legal-information content, including provisions concerning:

• Acceptance of terms through access or use
• Software and materials licensing
• Restrictions on copying, scraping, redistribution, and automated access
• Confidentiality
• Privacy and data processing
• User accounts and submitted content
• Security and network misuse
• Disclaimers and limitation of liability
• Indemnification
• Massachusetts governing law and venue
• A one-year limitation period for claims
• Progress’s ability to update the terms without notice

The diff appears to contain substantial duplication of the Terms of Use, possibly due to a page-rendering or content-merging issue. The final published version should be checked to ensure that the terms are not displayed twice or incorporated inconsistently.

3. Customer submissions and feedback

The Terms state that content submitted to the Site or Services—including feedback and suggestions—may be used by Progress and its sublicensees worldwide, without royalty, for operating their businesses and Services. Progress may copy, distribute, modify, translate, display, and sublicense that content.

Feedback-related intellectual property is assigned to Progress without compensation. Submitters also represent that their submissions are non-confidential and that they have all required rights.

Risk: Customers should not submit confidential information, personal data, proprietary code, or third-party materials unless separately authorized.

4. AI-model training

No express change concerning AI or training AI models appears in the diff. The Terms do not specifically state that customer data will—or will not—be used to train, fine-tune, evaluate, or improve artificial-intelligence models.

However, the broad rights concerning “Submissions,” combined with incorporation of the Privacy Policy and supplemental privacy disclosures by reference, could create uncertainty about the treatment of content submitted through the Site or Services. Customers should confirm in the applicable Privacy Policy, Data Processing Agreement, product terms, or order documentation whether customer data is excluded from model training.

Summary of Available Change

The diff only states:

> [Removed approximately 7,983 words from the document]

No replacement text or indication of which provisions were deleted is provided.

Key Legal Implications

• Scope of deletion is unclear: The removed material could include important terms relating to liability, confidentiality, data protection, intellectual property, security, termination, service levels, or dispute resolution.
• Potential loss of customer protections: If customer-favorable provisions were deleted, the customer may have reduced contractual protections or fewer remedies.
• Potential loss of provider protections: If provider-favorable provisions were deleted, the provider may have increased exposure to claims or obligations.
• Interpretation risk: Without the deleted text and the resulting full agreement, it is not possible to determine whether the contract has gaps, contradictory provisions, or unintended changes.

AI Training and Customer Data

• No determination possible: The available diff does not identify whether any provisions concerning the use of customer data to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models were added, deleted, or modified.
• Important unresolved questions include:
• Whether customer data, prompts, outputs, or usage data may be used for AI training.
• Whether use requires customer consent or applies automatically.
• Whether data is anonymized, aggregated, or pseudonymized.
• Whether the provider may use data to train general-purpose models or only customer-specific systems.
• Whether the provider retains rights to resulting models, outputs, or derived data.
• Whether customers can opt out and whether an opt-out applies retroactively.
• How long data is retained and whether subcontractors or third-party AI providers may access it.

Recommended Next Step

Provide the actual deleted text, the complete revised agreement, or a line-by-line diff. Without that information, no reliable assessment can be made of the legal effect of the changes, including any changes to AI-training rights.

Summary of Important Changes

1. Expanded legal and privacy resources

The revised text adds or reorganizes links to several legal and privacy materials, including:

• US Resident Privacy Notice
• Cookie Policy
• Candidate Privacy Notice, including California-specific notice
• Data Subject Request resources
• Data Processing Agreement
• Transfer Impact Assessment
• HIPAA Compliance FAQs
• Impressum and documentation
• Privacy Center
• Security and due-diligence contacts

Risk/impact: These links may incorporate additional terms or disclosures by reference. Customers should review the linked documents because they may contain important provisions on data collection, international transfers, security obligations, regulated data, and individual rights. The Terms do not appear to state which version of linked documents controls or whether customers receive advance notice of changes.

2. New or more prominent contact information

The revised navigation adds dedicated email addresses for:

• Privacy: privacy@progress.com
• Copyright: copyrights@progress.com
• Trademarks: trademarks@progress.com
• General legal: legal@progress.com
• Governance: bod@progress.com
• Security: security@progress.com

Risk/impact: This is principally an administrative change, but it may provide clearer channels for privacy requests, security reports, and legal notices. It does not itself create contractual response-time, incident-notification, or escalation commitments.

3. Terms of Use content appears incorporated or duplicated

The diff adds a lengthy “Terms of Use” section covering:

• Website and service access
• Software and materials licensing
• Intellectual-property restrictions
• Confidentiality obligations
• User-submitted materials and feedback
• Security and acceptable-use restrictions
• Disclaimers and broad liability limitations
• Indemnification
• Massachusetts governing law and venue
• A one-year limitation period for claims
• The ability to modify the Terms without notice

Risk/impact: If this language was not previously applicable, it materially expands the customer’s obligations and Progress Software’s protections. Particularly notable are the broad indemnity, “as-is” disclaimers, exclusion of consequential damages, automatic termination for violations, and unilateral modification rights.

4. Customer data and AI-model training

No express change concerning AI or model training is shown. The diff does not add language specifically authorizing Progress Software to:

• Use customer data to train, fine-tune, or improve AI models
• Use customer prompts, outputs, telemetry, or usage data for AI development
• Share customer data with AI providers
• Retain data for model-training purposes
• Opt customers in or out of AI training

However, the existing language remains broad: the Privacy Policy governs processing of data and may be updated from time to time, and the Submission clause grants Progress a worldwide license to use posted submissions in connection with its business. Customers should confirm in the linked Privacy Policy, Data Processing Agreement, and product-specific agreements whether those provisions permit AI training or use of customer content for model improvement.