Progress

Summary of Important Changes

1. Privacy and compliance resources expanded

The footer and legal-information links now expressly include:

• US Resident Privacy Notice
• Cookie Policy
• Candidate Privacy Notice
• Candidate Privacy Notice for California Residents
• Data Subject Request information
• Data Processing Agreement
• Transfer Impact Assessment
• HIPAA Compliance FAQs
• Impressum
• Documentation and copyright resources

Additional contact addresses appear to have been 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 provide supplemental contractual or privacy terms. Because the Terms incorporate or direct users to policies that may be updated separately, customers should review the linked documents—especially the Privacy Policy, Data Processing Agreement, and Transfer Impact Assessment—to determine applicable data-processing, international-transfer, and security obligations.

2. Privacy language remains broad and updateable

The Terms state that users agree to Progress processing their data in accordance with the Privacy Policy, “as updated from time to time.”

Risk/impact: This permits the governing privacy disclosures to change without an express amendment process in the Terms. The language does not specify retention periods, processing purposes in detail, data-subject rights, or limitations on secondary uses.

3. No express AI-training provision identified

The diff does not add language expressly stating that customer data, submissions, prompts, usage data, personal information, or confidential information may be used to train, fine-tune, evaluate, or improve AI models.

It also does not expressly prohibit such use. Any AI-related rights would therefore need to be assessed under:

• The Privacy Policy and supplemental notices;
• The Data Processing Agreement;
• The broad “Submission” license; and
• Any applicable product-specific agreement or AI terms.

4. Broad rights over user submissions

The Terms grant Progress and its sublicensees a worldwide, royalty-free license to use, copy, distribute, display, reproduce, edit, translate, reformat, and sublicense user “Submissions” in connection with Progress’s business and services. Submissions are stated to be non-confidential.

Risk/impact: If customer data is submitted through forums, portals, feedback channels, or other Site features, this broad license could permit extensive commercial use. Although it does not expressly mention AI training, its breadth could create ambiguity if submissions are used in developing or improving AI-enabled services. Customers should avoid submitting confidential, personal, regulated, or proprietary data unless a separate agreement applies.

5. Apparent duplication and formatting problems

The diff appears to insert or duplicate substantial portions of the Terms of Use and footer content, with compressed headings and repeated text.

Risk/impact: The published version should be checked carefully for accidental duplication, unclear incorporation of linked terms, and inconsistencies between the visible Terms, Privacy Policy, DPA, and product-specific agreements.

Diff Analysis

Key Limitation

The supplied diff only states:

> “Added approximately 2445 words to the document”

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

• New legal obligations or rights
• Changes to liability, indemnity, confidentiality, or termination provisions
• Changes affecting ownership or licensing of customer data
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Any opt-in, opt-out, consent, or deletion rights
• Whether data may be shared with affiliates, vendors, or third-party AI providers
• Changes to security, retention, or cross-border transfer terms

AI Training and Data-Use Review

No conclusions can be drawn regarding AI-model training from the information provided. The added language should specifically be reviewed for terms such as:

• “train,” “fine-tune,” “improve,” “develop,” or “evaluate” models or services
• “customer data,” “input,” “content,” “prompts,” “outputs,” or “usage data”
• Rights granted to use data in aggregated, de-identified, anonymized, or identifiable form
• Perpetual, irrevocable, worldwide, royalty-free, or sublicensable licenses
• Use by affiliates, contractors, subprocessors, or third-party model providers
• Customer controls, including opt-out, deletion, access, or objection rights
• Whether data is used for general-purpose models or only to provide the contracted services
• Whether model improvements or derived models remain the provider’s property

Risk Assessment

Because the substantive text is missing, the legal risk is undetermined. In particular, it cannot be established whether the changes:

1. Expand the provider’s license to customer data;

2. Permit AI training without separate consent;

3. Remove or limit confidentiality protections;

4. Allow retention after termination;

5. Shift responsibility for personal-data compliance to the customer; or

6. Create broad provider rights over outputs or derived materials.

Information Needed

Please provide the actual redlined text, including the words shown in {additions}, [deletions], and []{replacements}. Without that text, a reliable contract-change analysis cannot be performed.

Summary of Available Change

The diff only states that approximately 2,445 words were removed. It does not identify which clauses, definitions, or sections were deleted.

Key Legal Implications

• The scope of the deletions cannot be determined from the information provided.
• Any removed language could have affected important matters such as:
• Data ownership and licensing
• Confidentiality and security obligations
• Permitted uses of customer data
• AI or machine-learning model training
• Retention and deletion requirements
• Intellectual-property rights
• Liability, indemnification, or limitation-of-liability provisions
• Compliance, audit, or regulatory obligations
• Termination rights and post-termination data handling

AI Training and Data Use

The available diff does not provide enough information to determine whether the agreement’s treatment of customer data for AI training has changed.

In particular, it is not possible to tell whether the deleted text:

• Authorized or prohibited using customer data to train, fine-tune, or improve AI models;
• Distinguished between customer content, personal data, usage data, and de-identified or aggregated data;
• Required customer consent for AI training;
• Allowed the provider to use data after termination;
• Restricted human review or model-training access;
• Gave the customer ownership or control over model outputs or trained models; or
• Required deletion or exclusion of customer data from future training datasets.

Risk Assessment

The principal risk is uncertainty caused by the unidentified deletions. If the removed provisions previously restricted use of customer data, their deletion could materially expand the provider’s rights. Conversely, the deletions might remove provider permissions or customer protections.

A reliable legal analysis requires either:

1. The full prior and revised versions of the agreement; or

2. A redline showing the specific deleted and added language.

Without the actual text, no definitive conclusion can be reached about changes to AI training, data ownership, confidentiality, or other legal rights.

Executive Summary

The diff is heavily malformed and appears to contain substantial duplicated Terms of Use text, likely because of a webpage/footer or document-rendering issue. Based on the identifiable substantive changes, no new provision expressly authorizes Progress to use customer data to train AI models. However, existing language may still permit broad use of user-submitted content, depending on how “Submissions” and the Privacy Policy apply.

Important Changes

1. Footer and contact-information changes

The revised text reorganizes the website’s legal and privacy links and adds or consolidates contact categories, including:

• Privacy questions and personal-data handling
• Copyright and infringement matters
• Trademark and branding requests
• General legal and governance matters
• Security, privacy, compliance, and due-diligence inquiries

Some previously displayed email addresses appear to have been removed or replaced by general link categories. This may make it less clear where customers should direct legal, privacy, or security notices.

2. No express AI-training provision

The diff does not add language expressly stating that Progress may:

• Use customer data to train, fine-tune, or improve AI models;
• Use prompts, inputs, outputs, telemetry, or account data for model training;
• Share customer data with AI providers for training;
• Retain data for AI development; or
• Create models or derivatives based on customer content.

Accordingly, the diff itself does not appear to expand AI-training rights in explicit terms.

3. Broad license for user submissions remains significant

The existing “Materials Provided to Progress Software or Posted at the Site” section grants Progress and its sublicensees a broad, worldwide, royalty-free license to use Submissions in connection with operating its businesses and services. The license includes rights to copy, distribute, display, reproduce, edit, translate, reformat, and sublicense content.

This is a material risk if users submit confidential business information, personal data, source code, prompts, or other customer content. The provision does not expressly limit use to service delivery or prohibit AI training. Although it does not clearly grant AI-training rights, Progress could potentially argue that model improvement or related business operations fall within the broad license—particularly for content posted in public or private communities.

4. Privacy-policy incorporation and unilateral updates

Users agree to processing of their data under the Privacy Policy and supplemental disclosures, “as updated from time to time.” The Terms also allow Progress to update the Terms without notice.

Any AI-data-use rights may therefore appear outside these Terms, in the Privacy Policy, product-specific terms, or a separate license or service agreement. Customers should review those documents for “service improvement,” “analytics,” “de-identification,” “machine learning,” or “AI” language.

Practical Recommendation

Do not treat this diff as confirming that customer data is excluded from AI training. For sensitive data, require contractual language expressly prohibiting training or model development using customer content, prompts, outputs, or derived data unless the customer gives written consent.

Summary of Important Changes

1. No Express AI-Training Authorization Identified

The diff does not add or modify language expressly stating that customer data, submissions, prompts, usage data, personal information, or other content may be used to:

• Train, fine-tune, or improve artificial-intelligence or machine-learning models;
• Create or develop models, datasets, or derivative data products;
• Share data with AI providers for training; or
• Retain data for AI-training purposes after termination.

The existing language remains relevant, however. The “Policy on Privacy” clause says that use of the Site constitutes acknowledgment and agreement to processing of data under Progress’s Privacy Policy, “as updated from time to time.” Any AI-training permissions contained in the Privacy Policy or supplemental disclosures could therefore apply indirectly, even though they are not stated in these Terms.

The “Materials Provided to Progress Software or Posted at the Site” clause also grants Progress a broad, worldwide, royalty-free license to use, reproduce, edit, distribute, and sublicense user submissions in connection with its business and Services. It does not expressly mention AI training, but its breadth could potentially support some internal data-use activities depending on how “use” and “operation of their businesses” are interpreted.

2. Expanded Privacy and Compliance Resources

The footer and legal-information links are substantially reorganized and expanded. New or emphasized links include:

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

This appears primarily to improve access to existing privacy and compliance materials rather than change substantive customer obligations. Nevertheless, incorporating or prominently linking these documents may direct users to additional terms governing data processing, international transfers, regulated data, and individual rights.

3. New Contact Addresses and Routing

Specific email contacts are added or clarified:

• privacy@progress.com for privacy matters;
• copyrights@progress.com for copyright issues;
• trademarks@progress.com for trademark matters;
• legal@progress.com for general legal matters;
• bod@progress.com for governance; and
• security@progress.com for security matters.

This is operationally useful but may create clearer channels for notices and requests. The diff does not state that sending a request to one of these addresses satisfies any contractual notice requirement.

4. Apparent Duplication / Formatting Risk

Large portions of the existing Terms of Use appear to be inserted repeatedly, including the complete terms text and footer links. If this reflects the actual published document rather than a diff-formatting artifact, it could create ambiguity, poor user experience, and uncertainty about which copy controls.

Overall Risk Assessment

The principal data-related risk is not a new AI-training grant, but the continued combination of:

1. broad rights over public or community submissions; and

2. incorporation by reference of a privacy policy that may be updated over time.

Customers should review the linked Privacy Policy, DPA, and any AI-specific disclosures separately.

Structured Summary of Important Changes

1. Privacy highlights substantially rewritten

The prior summary language was removed, including statements that:

• Progress’ full Privacy Policy explains how collected information will be used.
• Progress may use information for specified purposes.
• Progress does not share, sell, rent, or trade personal information with third parties for promotional purposes.
• Personal information may be processed by Progress, affiliates, subsidiaries, and third-party service providers.

The replacement text focuses instead on:

• HIPAA-related technical and organizational safeguards.
• Secure computing environments.
• Annual security audits and SOC 2/HIPAA validation.
• CCPA/CPRA compliance measures.
• Availability of data-processing documentation.

Risk: The revised “Highlights” section is less informative about the actual purposes of personal-data collection and sharing. Customers may need to rely more heavily on the full Privacy Policy and linked notices to understand permitted uses.

2. New or expanded customer data-processing framework

The revision adds language stating that Progress will make available a pre-signed Data Processing Addendum where customers provide personal data to Progress for processing on the customer’s behalf or where Progress acts as a service provider.

The DPA is described as addressing:

• GDPR Article 28 requirements.
• UK GDPR.
• Brazil’s LGPD.
• CCPA.
• Swiss data-protection law.
• International-transfer mechanisms.

For ShareFile customers, the revision incorporates a dedicated DPA by reference through an external trust website.

Risks:

• Important contractual terms may be located in separate documents or websites rather than the privacy page itself.
• Incorporation by reference may make it harder to determine which DPA version applies.
• The wording that documents may be “amended, superseded or replaced from time to time” creates uncertainty about future changes and whether customer consent or notice is required.

3. International data transfers clarified and expanded

The revision replaces general language about processing information in the United States or countries where Progress or its providers operate with more specific references to:

• European Commission Standard Contractual Clauses.
• The UK Data Transfer Addendum under the UK Data Protection Act 2018.
• Processing and transfers worldwide.

Risk: Data may continue to be transferred internationally, including through affiliates and service providers. The change provides legal-transfer mechanisms but does not appear to limit locations, identify all providers, or promise customer approval before changes.

4. AI model training

No express provision authorizing or prohibiting AI training was added or removed in the supplied diff. The revised text does not state that customer data, prompts, files, usage data, or personal information may be used to train, fine-tune, evaluate, or improve AI models.

Accordingly:

• There is no clear new permission to train AI models on customer data.
• There is also no affirmative contractual commitment that customer data will never be used for AI training.
• Any AI-related rights may exist elsewhere, such as in the applicable EULA, Terms of Service, product terms, or DPA.

Recommended follow-up: Confirm the controlling agreement expressly addresses AI training, model improvement, human review, de-identification, retention, and whether customer opt-out or consent is available.

Executive Summary

The diff appears to replace a short “Privacy Highlights” page with a more detailed privacy summary. It expands descriptions of data collection and use, but also removes or relocates several specific assurances and legal references. No provision expressly authorizes using customer data to train AI models.

Important Changes

1. Expanded description of personal-information uses

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

• Provide websites, products, services, and support;
• Respond to inquiries and fulfill requests;
• 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. “Understand how” products are used and “personalize” experiences could potentially include analytics, profiling, or product improvement. However, the revised language does not expressly mention AI training, machine learning, model development, or use of data to train generative-AI systems.

2. New or clearer non-sale/sharing statement

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

Risk: This is limited to third-party promotional purposes. It does not prohibit disclosure to service providers, affiliates, analytics providers, or AI vendors for operational, product-development, or model-training purposes if those activities are authorized elsewhere in the full Privacy Policy or another agreement.

3. Broader international processing

The policy changes from describing storage and operation in “secure computing environments” and specified Progress locations to allowing processing in the United States or any country where Progress, affiliates, subsidiaries, or third-party providers maintain facilities.

Risk: This materially broadens potential data-transfer locations and introduces third-party providers expressly. The acknowledgment of worldwide transfers may create additional compliance, customer-notice, and contractual risks, particularly for regulated or restricted data.

4. Removal of security and HIPAA assurances from this page

The diff removes references to:

• Technical and organizational measures for HIPAA compliance;
• Secure computing environments;
• Annual security audits;
• SOC 2 and HIPAA validation; and
• A link concerning HIPAA practices.

Risk: These assurances may still exist elsewhere, but removing them from this notice reduces clarity and could create inconsistency with customer contracts, DPAs, security commitments, or regulated-data expectations.

5. Privacy-rights and contractual material reorganized or removed

References to the CCPA, GDPR, UK GDPR, LGPD, Swiss law, Standard Contractual Clauses, the UK Data Transfer Addendum, and ShareFile-specific DPA language appear to be removed from the highlighted page or replaced with links/general references.

Risk: Customers may have less direct notice of applicable rights and transfer mechanisms. Contractual protections should be checked in the governing EULA, DPA, and full Privacy Policy.

AI-Training Conclusion

No express AI-training authorization or prohibition is added or removed in the supplied diff. Customers should review the full Privacy Policy, product terms, DPA, and any AI-specific terms to determine whether customer content, usage data, telemetry, or personal information may be used to train or improve AI models.

Summary of Changes

Overall Change

• The diff indicates that approximately 7,983 words were removed from the document.
• No replacement language or added provisions are provided.
• Because the deleted text is not shown, it is not possible to determine which obligations, protections, rights, or limitations were removed.

Potential Legal Risks

The large-scale deletion may have removed important provisions relating to:

• Confidentiality and data-security obligations
• Customer ownership or licensing rights in data
• Permitted uses of customer data
• Data retention and deletion
• Compliance with privacy and data-protection laws
• Liability, indemnification, and limitations of liability
• Audit, notice, and termination rights
• Intellectual-property ownership
• Service levels and other vendor obligations

A wholesale deletion creates a significant review risk because provisions may have been unintentionally omitted or may no longer apply. The remaining document should be compared with the prior version in full, rather than relying only on this diff summary.

AI Training and Model Use

• The provided diff contains no visible language addressing artificial intelligence, machine learning, model training, model improvement, or use of customer data.
• It is therefore impossible to determine whether the changes:
• Permit or prohibit training AI models using customer data;
• Allow customer data to be used for service or model improvement;
• Permit retention of prompts, inputs, outputs, or usage data;
• Allow data to be aggregated, anonymized, or shared with affiliates or third parties;
• Require deletion or exclusion of customer data from training datasets; or
• Provide notice, consent, opt-out, audit, or security protections concerning AI use.

Recommended Follow-Up

Obtain the actual text of the deleted provisions and specifically verify whether the revised agreement contains clear language stating:

1. Whether customer data may be used to train or fine-tune AI models;

2. Whether such use requires the customer’s consent or opt-in;

3. Whether data is used for the provider’s general model improvement;

4. Whether customer data is shared with AI subprocessors or third-party model providers;

5. How prompts, outputs, and derived data are retained and protected; and

6. Whether the customer can require deletion or exclusion from training datasets.

Bottom line: The diff shows a major deletion but does not provide enough information to identify the substantive changes or assess the treatment of customer data for AI training.

Summary

The supplied diff only states:

> “Added approximately 2445 words to the document”

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

AI Training and Customer Data

• No determination possible: The diff does not reveal whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models.
• Key provisions that should be reviewed: The missing text should be checked for language addressing:
• Use of customer content, prompts, inputs, outputs, or personal information for AI training or model improvement.
• Whether such use is automatic, optional, or subject to opt-out or consent.
• Whether data is anonymized, aggregated, de-identified, or retained in identifiable form.
• Use of data by affiliates, contractors, subprocessors, or third-party AI providers.
• Retention periods and deletion obligations.
• Whether customer data may be used to train models that benefit other customers or the provider generally.
• Restrictions on using confidential information, regulated data, or personal data for training.
• Ownership of customer inputs and outputs, and provider rights to derivative models or improvements.
• Security, confidentiality, privacy-law compliance, and cross-border data-transfer terms.

Other Legal Risks

Because the underlying language is missing, it is also impossible to assess changes involving:

• Liability caps, indemnities, or exclusions.
• Data protection and security obligations.
• Intellectual-property ownership and licenses.
• Confidentiality.
• Service suspension or termination.
• Audit rights and compliance obligations.
• Warranties and disclaimers.
• Governing law and dispute resolution.
• Automatic renewal, pricing, or unilateral amendment rights.

Information Needed

Please provide the full redline or the actual text represented by the additions, deletions, and replacements. Without that text, the only confirmed change is that approximately 2,445 words were added; no specific legal or AI-data-use conclusion can safely be drawn.

Summary of Important Changes

Overall Assessment

The diff is highly repetitive and appears to include insertion or relocation of the full Terms of Use text, together with an expanded legal-information footer. Most substantive Terms of Use provisions appear unchanged or duplicated rather than materially amended.

Key Changes

1. Expanded Legal and Privacy Resources

The footer and legal-information links were expanded to 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 and copyright resources
• Dedicated contacts for privacy, copyrights, trademarks, legal matters, governance, and security

Risk/impact: These links may direct users to supplemental policies that contain additional obligations or disclosures. The diff does not show the contents of those documents, so their legal effect cannot be assessed from this diff alone. Users should review whether the linked privacy notices or data-processing terms have also changed.

2. Terms of Use Presented or Reinserted

The diff adds or repeats the complete Terms of Use, including provisions addressing:

• Acceptance by accessing or using the Site
• Limited, non-transferable use rights
• Software and Materials licensing
• Restrictions on copying, scraping, reverse engineering, and misuse
• Confidentiality obligations
• Privacy-policy incorporation
• User account responsibilities
• Monitoring and reporting of suspected unlawful activity
• Broad license to user submissions
• Assignment of intellectual-property rights in feedback
• Warranty disclaimers and liability limitations
• Export controls
• Customer indemnity obligations
• Massachusetts governing law and venue
• One-year limitation period for claims
• Progress’s right to update the Terms without notice

Risk/impact: These provisions impose substantial customer obligations and preserve Progress’s broad discretion to modify the Site and Terms. The liability disclaimer, indemnity, confidentiality, submission license, and one-year claim deadline remain important customer risks, but they do not appear newly added as substantive changes based on the supplied diff.

AI Training and Customer Data

No Express AI-Training Authorization Identified

The diff contains no express language authorizing Progress to use customer data, submissions, prompts, inputs, outputs, or personal information to train, fine-tune, improve, or evaluate artificial-intelligence or machine-learning models.

The Terms do contain broad rights concerning:

• Processing data under the Privacy Policy
• Using posted “Submissions” in connection with Progress’s business and Services
• Assigning intellectual-property rights in Feedback

However, these provisions do not expressly state that customer data may be used for AI-model training. The broad Submission license could create ambiguity if users submit content to an AI-enabled service, particularly because submissions are characterized as non-confidential.

Recommended action: Review the linked Privacy Policy, Data Processing Agreement, product-specific terms, and any AI-service terms for separate model-training language, retention rules, opt-out rights, and restrictions on using customer content.

Summary of Important Changes

1. No Apparent AI-Training Provision

• The diff does not add, remove, or amend any express language addressing:
• Use of customer or user data to train artificial-intelligence or machine-learning models;
• Use of prompts, inputs, outputs, telemetry, or usage data for model development;
• Whether data is used to train Progress’s models or third-party models;
• Opt-out rights, de-identification, retention, or human review of AI data.

• The existing language continues to state that data is processed under the Privacy Policy, as updated from time to time. Any AI-training terms may therefore exist only in the linked Privacy Policy, supplemental privacy disclosures, product terms, or an applicable data-processing agreement—not in this Terms of Use diff.

2. Website Footer and Contact-Information Changes

The apparent changes primarily reorganize footer links and contact categories:

• Several detailed email addresses were removed or replaced with general labels, including contacts for:
• Privacy;
• Copyrights;
• Trademarks and branding;
• General legal matters;
• Governance;
• Security.

• The revised footer appears to use broader labels such as “Privacy,” “Copyrights,” “Trademarks,” “General legal,” “Governance,” and “Security,” while adding or retaining a broader “Security, Privacy, Compliance and Due Diligence” category.

Potential risk

• Removing dedicated email addresses may make it harder to provide legally significant notices, report security incidents, submit copyright complaints, or exercise privacy rights.
• Users should confirm that the replacement contact mechanisms are operational and legally sufficient, particularly for regulatory notices, data-subject requests, and breach reporting.

3. No Clear Substantive Change to Core Terms

The diff reproduces the existing Terms of Use, including provisions concerning:

• Acceptance and permitted use;
• Intellectual-property ownership;
• Confidentiality;
• Privacy-policy incorporation;
• User submissions and broad usage licenses;
• Security restrictions;
• Warranty disclaimers;
• Liability limitations;
• Indemnification;
• Massachusetts governing law and venue;
• One-year claim limitation;
• Unilateral updates without notice.

No material wording change to these provisions is identifiable from the supplied diff.

4. Drafting and Version-Control Concern

The diff contains extensive repetition and appears to combine footer content with multiple copies of the full Terms of Use. This may reflect a defective comparison rather than an intentional contractual amendment.

Recommended action

• Obtain clean “before” and “after” documents.
• Confirm the effective date and version history.
• Review the linked Privacy Policy and AI-specific product terms separately, because this diff does not establish whether customer data may be used for AI training.

Diff Analysis

Key Issue

The diff only states:

> “Added approximately 7983 words to the document”

It does not include the actual added, deleted, or replaced contract language. Therefore, the legal impact of the changes cannot be assessed.

AI Training and Customer Data

No conclusions can be drawn about whether the contract:

• Permits the provider to use customer data to train AI or machine-learning models;
• Uses customer content for model improvement, testing, evaluation, or product development;
• Applies such use to personal data, confidential information, prompts, outputs, metadata, or usage data;
• Requires customer consent or provides an opt-out;
• Allows data to be retained after termination;
• Permits sharing with affiliates, vendors, or third-party AI providers; or
• Claims ownership or broad license rights over customer data or AI-generated outputs.

Other Legal Risks That Cannot Be Evaluated

The actual text is also required to assess changes involving:

• Confidentiality and data-security obligations;
• Privacy-law compliance and international data transfers;
• Intellectual-property ownership and licenses;
• Indemnities and liability limits;
• Warranties and disclaimers;
• Termination and data deletion;
• Subprocessors and third-party services;
• Audit rights and regulatory cooperation; and
• Governing law and dispute resolution.

Information Needed

Please provide the complete diff, including the text marked as:

• Additions: {...}
• Deletions: [...]
• Replacements: [...] {...}

Alternatively, provide both the prior and revised versions of the contract. Without the underlying language, the only reliable conclusion is that the document has substantially changed, but the nature and legal significance of those changes—particularly regarding AI training and customer-data use—cannot be determined.

Summary of the Diff

Scope of 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 actual deleted text is unavailable, the legal and commercial effect cannot be determined reliably.

Potential Legal Significance

The removal of a substantial amount of contract language could affect important provisions, including:

• Customer data ownership and permitted uses
• Confidentiality and security obligations
• Data retention and deletion requirements
• Privacy-law compliance
• Intellectual-property rights
• Liability limitations and indemnities
• Audit, suspension, and termination rights
• Service levels and warranties
• Governing law and dispute resolution

The deletion could either remove obligations that protected the customer or eliminate restrictions that previously limited the provider. Its effect depends entirely on what the deleted provisions said and whether other sections still address the same topics.

AI Training and Customer Data

• The supplied diff does not identify whether any language concerning AI training was added, removed, or changed.
• In particular, it is not possible to determine whether the contract now:
• Permits the provider to use customer data, prompts, outputs, or usage information to train or improve AI models;
• Restricts such use to aggregated, anonymized, or de-identified data;
• Requires customer consent or provides an opt-out;
• Allows human review of customer data for model development;
• Grants the provider rights to retain data after termination; or
• Protects customer ownership and confidentiality of inputs and outputs.

Risk Assessment

Current risk level: Indeterminate, potentially material. Removing approximately 2,445 words is significant and may have removed customer protections or data-use limitations. However, no specific conclusion about AI-training rights or other legal changes can be made without the deleted language and the surrounding contract provisions.

Information Needed

To complete the review, provide:

1. The full pre-change text;

2. The full post-change text; or

3. At minimum, the 2,445 deleted words and the sections immediately before and after them.

Summary

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

AI Training and Customer Data

• No determination is possible regarding whether the agreement now permits, restricts, or prohibits using customer data to train AI models.
• The diff does not reveal whether “customer data” includes:
• Personal information
• Confidential business information
• Prompts, inputs, files, or uploaded content
• Outputs generated using the services
• Usage data, metadata, or telemetry
• It is also unclear whether any AI-training permission applies:
• Automatically or only with customer consent
• To identifiable data or only anonymized/de-identified data
• To the provider’s own models, third-party models, or both
• To service improvement, product development, or commercial model training
• During the contract term only or indefinitely after termination

Other Potential Legal Changes

Because the actual additions are not provided, it is not possible to assess changes concerning:

• Data ownership and licensing rights
• Confidentiality obligations
• Privacy and data-protection compliance
• Security and breach notification
• Data retention and deletion
• Subprocessors and third-party disclosures
• Intellectual-property ownership
• Liability, indemnification, and limitations of liability
• Audit, termination, or post-termination data handling rights
• Whether the provider may combine customer data with other customers’ data

Required Information

Please provide the actual 2,445 words of added text and, if applicable, the surrounding deleted or replaced language. The additions should be reviewed especially for terms such as “train,” “improve,” “develop,” “machine learning,” “artificial intelligence,” “inputs,” “outputs,” “customer data,” “usage data,” “de-identified,” “aggregate,” “license,” and “service improvement.”

Summary

The provided diff only states: “Removed approximately 2,445 words from the document.” It does not identify which clauses, definitions, or obligations were deleted.

AI Training and Customer Data

• No specific change can be confirmed regarding whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models.
• However, because a substantial portion of the document was removed, the deleted text could have contained:
• Restrictions or permissions concerning AI training;
• Definitions of “Customer Data,” “Usage Data,” or “Aggregated Data”;
• Promises that customer data would not be used to train models;
• Consent or opt-out mechanisms;
• Data ownership and licensing provisions;
• Confidentiality, security, or data-retention obligations; or
• Disclosure obligations concerning third-party AI providers.

Potential Legal Risks

The removal may create material uncertainty or increase risk if it eliminated:

• Limits on data use: The provider may have fewer contractual restrictions on using customer data.
• AI-specific protections: Any express prohibition, consent requirement, or opt-out right may no longer apply.
• Ownership and license boundaries: Deleted language may have limited the provider’s license to use customer content.
• Confidentiality and privacy protections: Deleted obligations could weaken controls over disclosure or secondary use.
• Accountability and remedies: Deleted audit rights, notice obligations, indemnities, or liability provisions could make violations harder to detect or challenge.

Overall Assessment

This diff is insufficient to determine the actual legal effect of the changes. A deletion of approximately 2,445 words could substantially alter the agreement, but the specific risks depend entirely on the text removed. The complete redline or the deleted provisions should be reviewed—especially sections addressing customer data, content licenses, service improvement, machine learning, artificial intelligence, confidentiality, privacy, security, and data retention—before concluding whether the customer’s data may be used to train AI models.

Structured Summary of Important Changes

1. Privacy highlights substantially revised

The revised text removes or de-emphasizes several general privacy statements, including:

• General descriptions of how personal information will be used;
• The statement that Progress does not share, sell, rent, or trade personal information with third parties for promotional purposes;
• General descriptions of international processing and storage; and
• References to data processing and retention in the previous highlights section.

The replacement text emphasizes:

• HIPAA compliance measures and secure computing environments;
• Annual audits supporting SOC 2 and HIPAA validation;
• CCPA/CPRA compliance measures; and
• Availability of data-processing documentation.

Risk: The revised highlights may provide less prominent notice of ordinary data uses, sharing restrictions, international transfers, and retention practices. Customers may need to review the full Privacy Policy and applicable contractual documents rather than relying on the highlights.

2. Customer data processing and DPA language added

The revision adds language stating that Progress makes a pre-signed Data Processing Addendum (“DPA”) available to customers who, under the applicable EULA or Terms of Service, provide personal data for processing on their behalf and/or as a service provider.

The DPA is described as addressing:

• GDPR Article 28;
• UK GDPR;
• Brazil’s LGPD;
• CCPA;
• Swiss data-protection law;
• European Commission Standard Contractual Clauses (“SCCs”); and
• The UK International Data Transfer Addendum (“UK DTA”).

Risk: The wording appears to condition or frame data-processing obligations by reference to the applicable EULA or Terms of Service. Customers should confirm which document controls, whether execution of the DPA is required, and whether the DPA imposes additional rights, liability limits, audit restrictions, security obligations, or subprocessors provisions.

3. International data transfers expanded and formalized

The new wording expressly incorporates SCCs and the UK DTA for international transfers, including transfers involving the United States and other countries. It also states that these mechanisms may be amended, superseded, or replaced over time.

Risk: Progress may change the transfer mechanism by reference without a further contract amendment. Customers should verify the applicable transfer-impact assessments, supplementary safeguards, affected countries, and notice or objection rights.

4. ShareFile-specific terms added

For ShareFile customers, the revision incorporates by reference a dedicated DPA located at https://trust.sharefile.com/, including SCCs and the UK DTA.

Risk: Important contractual terms are moved to an external webpage that may change over time. Customers should retain a dated copy and confirm whether the linked document is contractually incorporated and how updates become binding.

5. AI-model training

No express change concerning AI training was identified. The diff does not add or remove language authorizing Progress to use customer data, personal information, prompts, files, or usage data to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.

However, the broader processing language remains potentially relevant to AI-related activities if such activities are described elsewhere in the full Privacy Policy, EULA, Terms of Service, DPA, or product-specific terms. Customers should seek express confirmation that customer content will not be used for AI training unless separately authorized.

Structured Summary of Important Changes

Overall assessment

The diff is highly repetitive and appears to include substantial page-content duplication or formatting noise. Based on the identifiable changes, it does not clearly amend the operative Terms of Use. The substantive provisions—such as data processing, submissions, intellectual property, liability, indemnity, governing law, and unilateral updates—appear unchanged.

1. Updated footer and contact-information links

The revised text reorganizes the website’s legal and support links.

Notable changes

• Removes or consolidates several email addresses, including addresses for:
• Privacy
• Copyright
• Trademarks
• Branding
• General legal matters
• Governance
• Security
• Replaces some email-address displays with category labels, such as:
• “Copyrights”
• “Trademarks”
• “Branding”
• “General legal”
• “Governance”
• Adds or preserves broader navigation links relating to:
• Privacy Center
• Privacy Policy
• Data Subject Requests
• Data Processing Agreement
• Transfer Impact Assessment
• HIPAA compliance
• Security, Privacy, Compliance and Due Diligence

Risk

This may make it less clear where a customer should send a legally significant notice or request. If the prior email addresses were contractually relied upon for privacy, security, infringement, or legal notices, the customer should verify that the replacement links provide an equivalent notice mechanism.

2. Privacy and personal-data provisions

The diff does not show a substantive change to the operative privacy language. The Terms still state that:

• Users acknowledge and agree to processing of their data under Progress Software’s Privacy Policy.
• The Privacy Policy and supplemental disclosures may be updated from time to time.
• Registered users are responsible for the accuracy and confidentiality of their account information.

Risk

Because the Terms incorporate the Privacy Policy by reference and permit it to be updated, Progress may be able to change data-processing practices through the Privacy Policy without amending the Terms themselves. Customers should review the current Privacy Policy and any applicable Data Processing Agreement.

3. AI-model training

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

The broad license for user “Submissions” remains potentially relevant. It permits Progress and its sublicensees to use, reproduce, modify, distribute, and otherwise exploit Submissions in connection with Progress’s business and services. However, the diff does not expand that license to expressly mention AI training.

Risk

If customer content, prompts, feedback, uploaded materials, or other submissions may be processed by AI systems, these Terms do not provide clear limitations on:

• Whether such content may train general-purpose models;
• Whether data is anonymized or de-identified;
• Whether customer data is segregated from other users’ data;
• Retention and deletion of training data;
• Ownership of model outputs or trained models;
• Opt-out rights or confidentiality protections.

A customer should seek an express contractual restriction or clarification before submitting confidential, personal, regulated, or proprietary information.

4. No apparent change to commercial risk allocation

The existing provisions appear retained, including:

• Broad “as-is” disclaimers;
• Extensive liability exclusions;
• Customer indemnity obligations;
• Massachusetts governing law and venue;
• One-year limitation period for claims;
• Progress’s right to modify the Terms without notice.

These remain material customer risks, but they do not appear newly introduced by this diff.

Structured Summary of Important Changes

1. New “Legal Information” and Privacy Resources

The revised footer adds a broader Legal Information section and links to several privacy and compliance resources, including:

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

Risk / significance

These additions appear primarily to improve navigation and provide access to supplemental policies. However, the Terms expressly state that users agree to data processing under the Privacy Policy “as updated from time to time.” Linking to additional notices may incorporate or direct users to terms that contain further data-use obligations, depending on how those documents are presented and legally incorporated.

The diff does not clearly state whether these linked documents are contractual terms, nor does it identify which document controls in the event of conflict. This could create uncertainty concerning applicable privacy, data-processing, international-transfer, or healthcare-related requirements.

2. New Contact Information

The footer adds dedicated contact addresses:

• privacy@progress.com for privacy questions
• copyrights@progress.com for copyright matters
• trademarks@progress.com for trademark matters
• legal@progress.com for general legal inquiries
• bod@progress.com for governance matters
• security@progress.com for security inquiries

Risk / significance

These additions make it easier to submit notices and requests, but they do not appear to create response-time commitments, contractual service levels, or guaranteed procedures for handling requests.

3. Terms of Use Content Added or Reproduced

A full set of website Terms of Use is included in the revised material, covering:

• Acceptance and modification of terms
• Use of software, services, and materials
• Intellectual-property restrictions
• Confidentiality
• Privacy and user information
• Security and network restrictions
• User communications and submissions
• Disclaimers and liability limitations
• Indemnification
• Massachusetts governing law and venue
• One-year limitation period for claims
• Export controls and restricted government rights
• Trademark restrictions

Much of this text appears duplicated in the diff rather than substantively changed.

4. AI Model Training and Customer Data

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

The existing language broadly refers to processing personal data under the Privacy Policy and grants Progress a license to use submitted materials in connection with operating its business and services. That language could potentially be relevant to submitted content, but it does not expressly authorize or prohibit AI training. The Privacy Policy, Data Processing Agreement, and applicable product agreement should therefore be reviewed separately for any AI-specific provisions.

Key Changes and Risks

1. No express AI-training authorization identified

• The diff does not add language expressly permitting Progress to use customer data, personal information, prompts, outputs, or usage data to train, fine-tune, evaluate, or improve AI models.
• The listed purposes for using information remain generally focused on:
• Providing websites, products, services, and support;
• Responding to requests;
• Diagnosing technical problems;
• Marketing and administrative communications;
• Understanding product and website usage;
• Personalization; and
• Fraud and illegal-activity prevention.
• However, the broad purpose of understanding how websites, products, and services are used could potentially encompass analytics or product improvement. The policy does not clarify whether such usage data may be used for AI development.
• Recommended action: Confirm in the full Privacy Policy, product terms, EULA, and DPA whether customer content or service data may be used for AI training, and whether customers can opt out.

2. International processing is materially expanded

The prior wording referred to information being stored and processed in secure computing environments, including corporate offices, development environments, and production cloud products.

The revised language states that information may be processed:

• In the United States; and
• In any other country where Progress, its affiliates, subsidiaries, or third-party service providers maintain facilities.

It also states that by opting in and providing personal information, the individual acknowledges processing and transfer within the United States and around the world.

Risk: This broadens the potential processing and transfer locations and may create additional cross-border compliance, transfer-impact, localization, and customer-notice issues. The language does not identify specific countries or clearly describe safeguards in the highlighted text.

3. Security and HIPAA assurances are removed from the highlighted section

The prior text specifically stated that Progress:

• Implemented technical and organizational measures for HIPAA compliance;
• Operated secure computing environments; and
• Audited security solutions and processes annually to maintain SOC 2 and HIPAA validation.

Those statements are replaced by general privacy disclosures and no longer appear in the highlighted content.

Risk: This may reduce the specificity of Progress’s public security and HIPAA commitments, although separate agreements or linked materials may still contain them.

4. Third-party processing is expressly included

The revised wording expressly identifies third-party service providers as entities that may maintain processing facilities. This reinforces the possibility of subcontractor access and international transfers.

5. Data-subject rights and retention language remains broad

The policy continues to provide for access, correction, and deletion requests, subject to linked procedures, while allowing retention as long as an account is active or needed for services, legal obligations, disputes, or agreement enforcement. It does not establish a precise deletion timeline.

Summary of Important Changes

1. Privacy Center content is substantially reorganized

• The revised text replaces prominent general privacy statements with references to Progress’s full Privacy Policy.
• The page now emphasizes:
• HIPAA compliance measures;
• secure computing environments;
• annual security audits; and
• SOC 2 and HIPAA validation.
• The detailed descriptions of personal-information collection, use, sharing, international processing, retention, and user rights appear to be moved or repeated elsewhere rather than presented as the primary “Highlights” content.

Risk: Users may receive less immediate notice about how their information is collected and used. Important practices may now depend on reviewing the full Privacy Policy or linked documents.

2. New or expanded data-processing language

The revised language adds that Progress may provide customers with a pre-signed Data Processing Addendum (DPA) where Progress processes personal data on the customer’s behalf or acts as a service provider.

The DPA is stated to address:

• GDPR Article 28;
• UK GDPR;
• Brazil’s LGPD;
• CCPA;
• Swiss data-protection law;
• European Commission Standard Contractual Clauses; and
• the UK Data Transfer Addendum.

A separate ShareFile DPA is incorporated by reference through an external trust website.

Risks:

• The DPA appears available for mutual execution, but the text does not clearly state whether it automatically applies or when processing may begin without signature.
• External incorporation by reference creates version-control and accessibility issues, particularly because the documents may be amended, superseded, or replaced over time.
• Customers should verify the actual DPA, subprocessors, transfer mechanisms, security commitments, audit rights, deletion obligations, and liability provisions.

3. International data transfers are addressed more formally

The prior language broadly stated that personal information could be processed in the United States or other countries where Progress or its providers operate. The revised text adds specific international-transfer mechanisms, including the EU SCCs and UK DTA.

Risk: The wording still permits broad global processing and does not identify specific countries, subprocessors, transfer-impact-assessment procedures, or safeguards beyond the referenced contractual documents.

4. No express change concerning AI-model training

The diff contains no express provision authorizing or prohibiting the use of customer data to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.

The general references to using data to understand product usage, personalize services, detect fraud, and operate products remain broad. They do not expressly include AI training, but they also do not clearly exclude it.

Key unresolved risk: Customers should not assume that the absence of an AI-training reference means customer data will never be used for that purpose. The EULA, Terms of Service, DPA, product-specific terms, and full Privacy Policy should be reviewed for AI-related rights and restrictions.

Structured Summary of Important Changes

Executive Summary

The diff appears to restructure and substantially duplicate the website’s legal-footer and Terms of Use content. The substantive Terms of Use text appears largely unchanged. No express provision was added or removed concerning the use of customer data to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.

Because the diff is heavily malformed and repetitive, the exact final published wording should be verified against the rendered page or source files.

1. Privacy and Legal Contact Information

Changes

• The footer’s prior “Learn more Privacy Center” and related contact links are replaced or reorganized into:
• “Contact information”
• “Privacy”
• “Questions about Progress’ privacy practices and how we handle your personal data”
• “Copyrights”
• “Trademarks”
• “Security”
• “Compliance and Due Diligence”
• “Governance”
• “General legal”
• “Branding”

• Specific email addresses appear to have been removed from the displayed footer, including addresses for:
• Privacy
• Copyrights
• Trademarks/branding
• General legal
• Governance
• Security

Risks and implications

• Removing direct email addresses may make it more difficult for customers or data subjects to submit privacy, security, copyright, or legal requests.
• The change appears primarily navigational and does not itself amend the Privacy Policy, Data Processing Agreement, or other data-processing terms.
• The Terms continue to state that use of the Site constitutes agreement to processing of personal data under the Privacy Policy “as updated from time to time.” This remains a broad incorporation-by-reference mechanism.

2. AI-Model Training and Customer Data

Findings

• The diff contains no express reference to:
• Artificial intelligence or machine learning
• Training, fine-tuning, or improving AI models
• Use of customer content, prompts, inputs, outputs, telemetry, or feedback for model development
• Human review for AI training
• Opt-out rights or restrictions on using customer data for training
• Ownership or licensing of AI-generated outputs

• The existing “Materials Provided to Progress Software or Posted at the Site” clause grants Progress a broad, worldwide, royalty-free, sublicensable license to use submitted content in connection with operating its businesses and Services.
• The clause also states that submissions are non-confidential and assigns intellectual-property rights in feedback to Progress without compensation.

Risk assessment

Although no new AI-training right is visible, the existing broad Submission license could potentially be argued to cover analysis or use of publicly or privately submitted content for service improvement, depending on the applicable Privacy Policy or product-specific agreement. It does not clearly authorize AI training, but it also does not expressly prohibit it.

Customers requiring assurance that their data will not train AI models should seek an explicit contractual restriction in the applicable order form, product terms, DPA, or AI-specific addendum.

3. Duplication and Document-Integrity Concerns

• The diff appears to insert the complete Terms of Use multiple times.
• Footer content is repeated and appears concatenated with substantive legal text.
• Several link labels and contact sections appear malformed.

Risk

If this reflects the actual published document rather than a diff-formatting problem, it could create ambiguity about which terms apply and undermine clear notice or acceptance of the Terms. The final HTML and version-controlled source should be reviewed before publication.

4. Other Substantive Terms

No clear changes were identified to:

• Intellectual-property ownership
• Confidentiality obligations
• User submissions
• Disclaimers
• Liability limitations
• Indemnity
• Massachusetts governing law and venue
• One-year limitation period for claims
• Unilateral updates without notice

Executive Summary

The revised text substantially changes the privacy notice from a security- and compliance-focused summary to a broader description of personal-information collection, use, sharing, international processing, and individual rights. The changes may expand Progress’s stated processing activities and reduce some express assurances.

Important Changes and Risks

1. Broader processing and international transfers

• The notice changes storage and processing from “secure computing environments” and specified corporate/development/production locations to processing in the United States or any other country where Progress, its affiliates, subsidiaries, or third-party service providers maintain facilities.
• The prior acknowledgment focused on transfers within the United States; the revised language expressly acknowledges transfers “around the world.”
• Risk: Customer data may be transferred to and processed in additional jurisdictions, potentially creating data-residency, government-access, regulatory, and cross-border-transfer concerns. Customers should confirm applicable transfer mechanisms and location controls in the DPA or product terms.

2. Removal or weakening of security and HIPAA statements

The deleted language stated that Progress:

• Implemented technical and organizational measures to ensure HIPAA compliance;
• Operated secure computing environments;
• Audited security solutions and processes annually; and
• Maintained SOC 2 and HIPAA validation.

These specific statements are replaced with more general privacy and processing language.

• Risk: The notice no longer provides the same express assurances regarding HIPAA compliance, SOC 2, security audits, or particular security environments. This does not necessarily mean those controls no longer exist, but reliance should shift to the applicable security documentation, DPA, business associate agreement, and contractual commitments.

3. New or clearer limits on promotional sharing

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

• Positive effect: This is a clearer restriction on third-party marketing use.
• Risk: The qualification preserves exceptions in the full Privacy Policy, and the statement does not restrict service providers, affiliates, analytics providers, or other processing conducted for Progress’s own purposes.

4. Expanded description of collection and use

The revised text describes collection of browsing behavior, interactions, preferences, transactions, IP addresses, cookies, email activity, community information, and publicly available organizational information. It also permits use to personalize experiences, understand product usage, market products, and investigate fraud.

• Risk: These broad categories may permit extensive profiling and behavioral analysis, subject to the full Privacy Policy and applicable law.

AI Model Training

The diff contains no express authorization or prohibition regarding using customer data to train, fine-tune, evaluate, or improve AI models. The listed purposes do not specifically mention AI training. However, broad purposes such as understanding service usage, personalization, analytics, product improvement, and use by service providers could potentially be argued to cover certain AI-related activities.

Recommended clarification: Require an explicit clause stating whether customer content or personal information may be used for AI training, whether it is anonymized or de-identified, whether opt-out or consent is available, and whether customer data is excluded from third-party model training.

Key Changes

1. Privacy highlights replaced with compliance and security language

The former summary included statements that:

• Progress may use collected information for specified purposes;
• Progress does not share, sell, rent, or trade personal information with third parties for promotional purposes; and
• Personal information may be processed internationally.

Those statements are largely removed from the “Privacy Highlights” section and replaced with statements that Progress:

• Maintains technical and organizational measures intended to support HIPAA compliance;
• Operates secure computing environments;
• Audits security solutions and processes annually to maintain SOC 2 and HIPAA validation; and
• Has implemented measures addressing the CCPA/CPRA and related regulations.

Risk: The revised highlights provide stronger security and compliance assurances but less immediately visible detail about data-use limitations and sharing practices. Readers may need to consult the full Privacy Policy to understand permitted uses and disclosures.

2. New and expanded data-processing addendum language

The revised text states that Progress makes a pre-signed Data Processing Addendum (DPA) available to customers whose EULA or Terms of Service requires Progress to process personal data on the customer’s behalf or as a service provider.

The DPA is described as addressing:

• GDPR Article 28;
• UK GDPR;
• Brazil’s LGPD;
• CCPA/CPRA;
• Swiss data protection law; and
• International transfer requirements.

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

Risk: Important processing terms may be located outside the privacy page and may depend on the applicable EULA, Terms of Service, or separately executed DPA. Customers should verify which document controls, whether execution is required, and whether the linked terms can be amended or replaced.

3. International data-transfer mechanisms added

The revision adds references to:

• The European Commission’s Standard Contractual Clauses (SCCs); and
• The UK Data Transfer Addendum issued under the UK Data Protection Act 2018.

It also states that these instruments may be “amended, superseded or replaced from time to time.”

Risk: Personal data may be transferred globally, and the applicable transfer mechanism may change over time. Customers should confirm the relevant transfer impact assessments, supplementary safeguards, and notice or objection rights.

4. Retention and data-use provisions remain broad

The text continues to permit retention while an account is active or as needed to provide services, comply with law, resolve disputes, or enforce agreements. It also permits collection of usage, interaction, preference, transactional, IP, cookie, and similar technical information.

AI Model Training

No express change addressing training AI models, generative AI, machine learning, model improvement, or use of customer data for AI training is visible in the supplied diff.

The revised language does not affirmatively authorize AI training, but it also does not expressly prohibit it. The controlling answer may therefore depend on the full Privacy Policy, EULA, Terms of Service, DPA, or product-specific terms. Customers should seek an explicit contractual statement that customer content and personal data will not be used to train generalized or third-party AI models without consent.

Summary of Available Change

Overall Change

• Approximately 2,445 words were removed from the document.
• The actual deleted language is not provided, so the legal and commercial effect of the revisions cannot be determined reliably.

Potential Legal Risks

Because the deleted text is unavailable, it is not possible to assess whether the removals:

• Eliminate customer protections, warranties, or service commitments.
• Narrow the provider’s liability or expand disclaimers.
• Remove confidentiality, security, or data-breach obligations.
• Change ownership or licensing rights in customer data, content, or outputs.
• Remove termination, audit, compliance, or dispute-resolution provisions.
• Delete restrictions on subcontractors, data transfers, or use of third-party services.
• Affect fees, renewal rights, service levels, or suspension rights.

The deletion of a large block of text may also create internal inconsistencies if remaining provisions refer to terms or obligations that were removed.

AI Training and Customer Data

No specific conclusion can be reached regarding AI-model training from the information provided. The diff does not identify:

• Whether customer data may be used to train, fine-tune, test, or improve AI models.
• Whether such use is limited to de-identified, aggregated, or anonymized data.
• Whether the customer can opt out or must provide consent.
• Whether prompts, outputs, usage data, or uploaded content are retained for training.
• Whether data may be shared with affiliates, vendors, or model providers.
• Whether training-related rights continue after termination.
• Whether the provider must delete customer data or training artifacts.

If any deleted language addressed these topics, its removal could materially change the customer’s control over data and could either remove a restriction on AI training or remove a customer protection. The direction of the change cannot be determined without the deleted text and the surrounding provisions.

Information Needed

To perform a meaningful legal comparison, provide either:

1. The full redline showing the deleted language; or

2. The prior and revised versions of the document.

Particular attention should be given to deleted sections concerning “customer data,” “content,” “improvement,” “machine learning,” “artificial intelligence,” “aggregated data,” “de-identified data,” “model training,” confidentiality, security, and data deletion.

Summary

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

> “Added approximately 2445 words to the document”

Accordingly, it is not possible to identify:

• The specific legal or commercial changes;
• New obligations, rights, limitations, or liabilities;
• Changes to data ownership, confidentiality, security, or permitted uses;
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether such use is subject to consent, opt-out rights, anonymization, aggregation, or other safeguards; or
• Any changes to intellectual property, indemnities, warranties, termination, or compliance obligations.

AI Training and Customer Data

No conclusions can be drawn regarding AI-model training because the added contractual text is not included. The key provisions that should be reviewed include whether the agreement:

• Permits use of customer data, prompts, inputs, outputs, or usage information for model training or improvement;
• Distinguishes between customer content and metadata, telemetry, or aggregated data;
• Allows use by the provider, affiliates, subcontractors, or third-party model providers;
• Requires customer consent or provides an opt-out mechanism;
• Limits use to de-identified, anonymized, or aggregated information;
• Specifies data retention and deletion periods;
• Grants the provider rights to retain or use data after termination;
• Addresses ownership of trained models, derivatives, or model outputs; and
• Provides confidentiality, security, audit, or regulatory protections.

Required Information

Please provide the full diff, including the text enclosed in {}, [], and []{}. Without the actual added, deleted, and replacement language, a reliable legal analysis cannot be performed.

Summary

The provided diff states only that approximately 7,983 words were added. It does not include the actual added language or identify which provisions changed.

Key Legal Changes

• Cannot be determined from the information provided.
• The diff does not show:
• New obligations or rights
• Changes to liability, indemnity, warranties, or termination
• Changes to pricing, renewals, or service levels
• New data-processing or confidentiality terms
• Changes to governing law or dispute resolution

AI Training and Customer Data

The provided material does not contain any language addressing whether customer data may be used to train, fine-tune, evaluate, or improve AI models.

Accordingly, it is not possible to determine whether the additions:

• Permit the provider to use customer content, prompts, inputs, outputs, or metadata for AI training
• Apply only to de-identified, aggregated, or anonymized data
• Require customer consent or provide an opt-out
• Allow human review or third-party access to customer data
• Give the provider ownership or broad usage rights over customer data or AI-generated outputs
• Impose data-retention, deletion, security, or confidentiality limitations
• Address whether customer data may be used to train shared models versus models dedicated to the customer

Risk Assessment

The principal risk is lack of visibility into the added terms. A 7,983-word expansion could materially change the agreement, but no substantive legal conclusions can be drawn without the actual text.

If the additions include AI-related provisions, particular attention should be paid to broad language such as:

• “Use,” “process,” or “improve” the services
• “Service data,” “usage data,” or “customer content”
• “De-identified” or “aggregated” information
• Rights to create derivative works or “learn” from data
• Perpetual, irrevocable, worldwide, or sublicensable licenses
• Consent to train or improve machine-learning models

Required for Further Review

Please provide the full marked-up text or the actual added provisions. The current diff is insufficient to identify important legal changes or evaluate customer-data and AI-training risks.

Summary of Important Changes

1. Major addition: full Website Terms of Use

The diff adds a comprehensive set of terms governing use of Progress websites, portals, software, services, and downloadable materials. Key provisions include:

• Acceptance by use: Accessing, using, or registering for the site, software, services, or materials constitutes acceptance.
• Limited license: Users receive a personal, non-exclusive, non-transferable, limited right to use the website.
• Intellectual property: Progress and its licensors retain ownership of site content, software, materials, trademarks, and related intellectual property.
• Use restrictions: Users may not copy, distribute, modify, resell, scrape, crawl, or use automated tools to access the site.
• Account responsibility: Users are responsible for the accuracy of registration information, account security, and all activity under their accounts.
• Confidentiality: Certain Progress and supplier information must be protected for five years after disclosure and returned or destroyed upon request.
• Communications and submissions: Progress may monitor, edit, remove, or suspend user-posted content.
• Disclaimers and liability limits: Services, software, and materials are provided “as is.” Broad warranty exclusions and exclusions of consequential damages apply, subject to applicable law.
• Indemnity: The user must indemnify Progress and a broad group of related parties for claims arising from the user’s submissions, use of the site, violations, or infringement of third-party rights.
• Governing law and claims deadline: Massachusetts law and courts apply. Claims must generally be brought within one year.
• Unilateral updates: Progress may change the terms at any time without notice by posting an updated version.

These provisions create significant user obligations and materially limit Progress’s liability. Customers should confirm whether a separate order form, master agreement, software license, or data processing agreement overrides these website terms.

2. Customer data and AI-model training

No express provision addressing AI, machine learning, model training, model fine-tuning, or use of customer data to train AI models was added or deleted in the supplied diff. Accordingly, the diff does not expressly grant or prohibit Progress from using customer data for AI training.

However, the following provisions create potential data-use risks:

• The Privacy Policy is incorporated by reference, and users agree to data processing under that policy “as updated from time to time.” Future privacy-policy changes could therefore affect permitted uses without an amendment to these Terms.
• The Submission license permits Progress and sublicensees to use, copy, reproduce, edit, distribute, and sublicense submissions worldwide in connection with Progress’s business. Submissions are expressly non-confidential, and users receive no compensation.
• The submission language is broad enough that business information, feedback, prompts, or other uploaded content could potentially be used for internal business purposes, subject to the incorporated privacy disclosures.

Customers should review the linked Privacy Policy, Data Processing Agreement, and any product-specific AI terms to determine whether customer content, personal data, telemetry, prompts, or outputs may be used to train or improve models.

Summary of the Diff

Overall change

• The diff states that approximately 7,983 words were removed from the document.
• No replacement or newly added language is provided, so the specific legal effects of the deletions cannot be determined from the available diff.

Potential legal significance

Large-scale deletions may remove important provisions relating to:

• Customer rights and provider obligations
• Data ownership, licensing, and permitted uses
• Confidentiality and security
• Liability limits, indemnities, and warranties
• Termination and data deletion
• Compliance, audit, and regulatory requirements
• Subprocessors and third-party services
• Dispute resolution and governing law

The deletion of these provisions could either reduce customer protections or simplify obligations, depending on what the removed text contained. It could also create ambiguity if remaining provisions refer to deleted sections.

AI model training and customer data

• The provided diff contains no specific language addressing AI training, machine learning, model improvement, or use of customer data.
• Accordingly, it is not possible to determine whether the revised document:
• Permits or prohibits training AI models using customer data;
• Allows use of customer prompts, inputs, outputs, or metadata for model development;
• Requires customer consent or provides an opt-out;
• Limits use to de-identified or aggregated data;
• Applies restrictions to affiliates, subprocessors, or third-party AI providers; or
• Requires deletion of customer data from training datasets or models.

Key risk

The principal risk is loss of visibility into material contractual protections. If the deleted 7,983 words included restrictions on data use or AI training, their removal may broaden the provider’s rights or eliminate customer safeguards. However, that conclusion cannot be confirmed without the deleted and remaining text.

Recommended next step

Obtain either:

1. The full pre-change and post-change documents; or

2. A redline showing the actual deleted and added clauses.

Particular attention should be given to provisions titled Data Use, Customer Data, Confidentiality, Machine Learning, Artificial Intelligence, Service Improvement, Model Training, Privacy, and Security.