Sitecore

Summary

The diff indicates that approximately 26 words were removed from the document, but it does not identify the deleted language.

Key Legal Changes

• Scope of change: Only a deletion is shown; there are no visible additions or replacement clauses.
• Substantive impact: Cannot be determined without the actual deleted text. The removal could affect obligations, permissions, limitations of liability, confidentiality, data rights, or termination provisions.
• AI training and customer data: The diff does not provide enough information to determine whether the deleted language:
• Permitted or prohibited using customer data to train AI models;
• Allowed use of data to improve, fine-tune, or evaluate models;
• Limited training to de-identified, aggregated, or anonymized data;
• Required customer consent or provided an opt-out right;
• Restricted use of prompts, inputs, outputs, or usage data; or
• Required deletion, retention, security, or confidentiality of data used for AI purposes.

Risk Assessment

The deletion may create a material change in risk if it removed protections or restrictions concerning customer data. For example, deleting an express prohibition on AI training could arguably broaden the provider’s ability to use customer data, although the legal effect would depend on the remaining contract language and applicable law. Conversely, deleting a permission to use data could restrict the provider’s rights or create operational uncertainty.

Recommended Follow-Up

Obtain the actual 26 deleted words and review them together with the surrounding provisions, particularly the sections addressing:

• Customer data and content;
• Confidentiality and privacy;
• Service improvement or analytics;
• Artificial intelligence or machine learning;
• Data retention and deletion; and
• Subprocessors or third-party service providers.

No reliable conclusion about AI-training rights can be reached from the provided diff alone.

Summary

• The only change shown is: “Added approximately 26 words to the document.”
• The actual 26 words are not included in the diff, so the legal effect of the amendment cannot be determined.
• No specific changes can be identified regarding:
• Use of customer data
• Training, fine-tuning, or improving AI models
• Data ownership or licensing
• Data retention or deletion
• Disclosure to model providers or other third parties
• Confidentiality, security, or anonymization
• Customer opt-out or consent rights

Risk Assessment

Because the added wording is unavailable, it is not possible to assess whether the amendment:

• Authorizes the provider to use customer data to train or improve AI systems;
• Expands an existing data-use license;
• Permits use of data in aggregated, de-identified, or identifiable form;
• Allows sharing of customer data with affiliates, vendors, or AI providers;
• Changes the provider’s obligations to delete or segregate customer data; or
• Creates additional customer consent, indemnity, confidentiality, or compliance risks.

Required Information

Please provide the actual 26-word addition, together with any surrounding text or the complete redline. The precise wording is necessary to determine whether it changes the customer’s rights or the provider’s ability to use customer data for AI training.

Key Changes and Risks

1. Agreement structure and scope

• The document is substantially reorganized from a general “master subscription terms” agreement into a framework covering multiple product and service categories.
• The Master Terms, Data Processing Addendum (“DPA”), and all Orders are now expressly defined together as the “Agreement.”
• The terms apply to Orders between Sitecore and the Customer identified in the relevant Order, rather than generally referring to the parties signing the Master Terms.
• Orders may cover SaaS Products, Hosted Services, Software, Consulting Services, and Training Services.

Risk: Customers should confirm that every applicable Order, DPA, and referenced addendum is actually provided and incorporated. The revised structure creates a greater risk that important obligations are located in separate documents or addenda.

2. Product and service categories

The changes introduce or clarify separate categories:

• SaaS Products: Sitecore subscription-based software-as-a-service products and related Sitecore Technology.
• Hosted Services: Platform-as-a-service, infrastructure-as-a-service, and other cloud-hosting services.
• Software: On-premise software, including patches, updates, and upgrades.
• Consulting Services: Professional services provided remotely or onsite.
• Training Services: Remote, web-based, onsite, public, customer-specific, and eLearning training.

Each category is subject to a different addendum:

• SaaS and Hosted Services: Addendum A
• Gen AI Functionality: Gen AI Addendum
• Software: Addendum B
• Consulting: Addendum C
• Training: Addendum D
• Governing law and geo-specific terms: Addendum E

Risk: The revised addendum numbering and cross-references appear materially changed. Incorrect, missing, or inconsistent references could create uncertainty about which terms govern a particular Order. Customers should request a complete, consolidated agreement and precedence clause.

3. AI-related changes

• A new “Gen AI Addendum: Additional Terms Relating to Gen AI Functionality” is expressly added.
• The diff does not include the substantive Gen AI Addendum or state whether Customer Data, prompts, outputs, usage data, or other information may be used to train, fine-tune, evaluate, or improve AI models.
• Accordingly, this excerpt does not establish whether Sitecore:
• may use Customer Data for model training;
• may share data with AI providers or subprocessors;
• retains prompts or outputs;
• uses data in de-identified or aggregated form;
• offers an opt-out or requires consent; or
• separates Customer Data from general service-improvement data.

Key risk: The new Gen AI Addendum may contain significant data-use rights that are not visible here. Customers should review it specifically for model-training permissions, retention, confidentiality, subprocessors, ownership of outputs, security, deletion, and restrictions on sensitive or personal data.

4. Recommended action

Obtain and review the full Gen AI Addendum, DPA, all referenced addenda, and the contractual order-of-precedence provisions before accepting the revised terms.

Summary of Important Changes

1. Contract title and terminology standardized

• The document title is changed from “Master Subscription Terms and Conditions” to “Master HubAgreement OverviewMaster Subscription Terms & Conditions” in the apparent source/navigation text.
• “Addendums” is changed to “Addendum” in the defined phrase referring to the contractual addenda.
• The agreement is now expressly defined as the “Master Terms.”
• The wording appears to distinguish more clearly between:
• the Master Terms;
• the Data Processing Addendum (DPA); and
• individual Orders.

Risk/impact: These changes are primarily drafting and terminology changes, but the singular “Addendum” could create ambiguity if multiple addenda apply unless the operative document clearly states that the term includes all applicable addenda.

2. Revised parties and contract-formation language

The opening provision is substantially reorganized. It now states that the Master Terms are:

• entered into as of the date the last party signs the first Order;
• between Sitecore and the Customer identified in that Order; and
• applicable to Orders entered into between Sitecore and Customer.

The prior wording more directly stated that the Master Terms were “between” the named parties and applied to Orders.

Risk/impact:

• The revised language may make the first signed Order more clearly serve as the trigger for the Effective Date.
• The language appears to confirm that the Master Terms govern not only the first Order but also subsequent Orders between the same parties.
• Customers should verify whether Orders signed before the Effective Date, unsigned Orders, or Orders involving affiliates are covered.

3. Clarification of Order definition and governance

The revised text expressly states:

> “The term ‘Order’ is defined in Section 1 below.”

It also changes the wording to state that all Orders entered into between Sitecore and Customer will be governed by the terms and conditions contained in the Master Terms.

Risk/impact: This may strengthen the argument that the Master Terms automatically apply to every future Order, potentially limiting a customer’s ability to negotiate inconsistent terms unless the Order expressly overrides the Master Terms.

4. Agreement components clarified

The text continues to provide that the Master Terms, the DPA, and all Orders together constitute the “Agreement.” The surrounding product/service descriptions are reformatted, including SaaS, hosted services, and software offerings.

Risk/impact: Customers should confirm the agreement’s order of precedence—particularly whether an Order, the DPA, or the Master Terms control in the event of conflict. That issue is not resolved by this diff.

5. AI training and customer data

No express changes concerning the use of Customer data to train AI models are visible in this diff.

The changes reference the DPA and Sitecore technology generally, but they do not add or remove language addressing:

• training, fine-tuning, or improving AI models;
• use of Customer Data for machine learning;
• whether data is anonymized or aggregated before model training;
• ownership of model inputs, outputs, or derivatives; or
• opt-out or consent rights.

Any AI-training provisions would need to be reviewed in the DPA, data-use clauses, product-specific terms, or other addenda not included here.

Summary

The provided diff only states that approximately 26 words were removed, without identifying the deleted language.

Key Legal Implications

• Unable to assess substantive changes: The nature, meaning, and legal effect of the deletions cannot be determined without the actual removed text.
• AI training and data use: The diff does not show whether the deleted language addressed:
• Use of customer data to train, fine-tune, or improve AI models;
• Whether customer data may be used for general model development;
• Whether data is anonymized, aggregated, or retained;
• Customer consent or opt-out rights;
• Restrictions on using customer content, prompts, outputs, or usage data;
• Ownership or licensing rights relating to AI-generated outputs; or
• Confidentiality and security protections for data used in AI systems.
• Potential risk: If the removed language limited the provider’s rights to use customer data, its deletion could expand permitted data use. Conversely, if it was a disclaimer, permission, or limitation benefiting the provider, its deletion could reduce the provider’s rights or protections. The direction of the risk cannot be determined from the information provided.

Required Information

To perform a reliable legal analysis, provide either:

1. The actual deleted wording; or

2. A redline showing the surrounding provision and the 26-word deletion.

Without that text, no specific change or AI-training risk can be identified.

Key Changes

1. Revised document title and terminology

• The introductory reference to the document is changed from “Master Subscription Terms and Conditions” to “Master Terms.”
• The phrase “including the Addendums” remains, but the wording and placement are reorganized.
• This appears primarily editorial, although the shortened defined term may affect interpretation where the agreement refers to “Master Terms.”

2. Effective Date and contracting parties

• The agreement is now expressly described as being entered into “as of the date of the last party to sign the first Order” (the “Effective Date”).
• The parties are identified as:
• the entity described as Sitecore on the applicable Order; and
• the entity described as Customer on the applicable Order.
• This clarifies that the relevant legal entities are determined by the first Order and that the Effective Date depends on the last signature to that Order.

Potential risk: The revised language could create uncertainty if Orders are signed by different affiliates, or if the first Order is amended, replaced, or signed at different times. Customers should confirm that the correct contracting entities are identified in the first Order.

3. Scope and application to Orders

• The revised text more clearly states that the Master Terms apply to all Orders entered into between Sitecore and Customer.
• It also expressly states that the term “Order” is defined in Section 1.
• The agreement structure is clarified: the Master Terms, DPA, and all Orders together constitute the “Agreement.”

Potential risk: Because all Orders are brought within the same contractual framework, obligations or liabilities in the Master Terms and DPA may apply across multiple products or services unless an Order expressly overrides them. The order-of-precedence provisions should be reviewed separately.

4. Product and service descriptions

• References to Sitecore’s SaaS, hosted services, and on-premise software offerings are retained.
• The wording is modernized and standardized, including use of “Sitecore’s” rather than “Sitecore’s” with typographical formatting changes.
• No clear substantive change to service scope is apparent from the provided diff.

AI Training and Customer Data

• No provision in the supplied diff expressly addresses AI, machine learning, model training, use of Customer Data, or whether Customer Data may be used to train models.
• The diff does not appear to add, remove, or modify any consent, restriction, ownership right, opt-out, anonymization requirement, or deletion obligation relating to AI training.
• The DPA is incorporated into the Agreement, so AI/data-use terms may appear there or in another addendum not included in this diff. That document should be reviewed specifically for:
• use of Customer Data to train or improve models;
• use of de-identified or aggregated data;
• human review or provider/subprocessor access; and
• rights to opt out or restrict such use.

Executive Summary

The diff substantially restructures the agreement and expands the product/service framework. It also introduces a standalone Gen AI Addendum, but the supplied changes do not include its substantive terms. Accordingly, the key AI-related rights, restrictions, and data-use provisions cannot be assessed from this diff alone.

Important Changes

1. Agreement structure and scope

• The document is changed from a general “Legal Hub Agreement”/overview format to formal Master Subscription Terms and Conditions.
• The Master Terms, DPA, and all Orders are expressly defined together as the “Agreement.”
• The terms now apply to Orders between Sitecore and the Customer, rather than merely describing the parties and effective date.
• Orders may cover different categories of Sitecore products and services, each subject to additional addenda.

Risk: Customers may become subject to multiple incorporated documents, including addenda that are not attached or reviewed at signing. The agreement should clearly identify which documents control in the event of conflict and ensure all referenced addenda are provided.

2. Expanded and reorganized offerings

The revised framework distinguishes among:

• SaaS Products
• Hosted Services
• Software (on-premise software, including patches, updates, and upgrades)
• Consulting Services
• Training Services

Each category is linked to a separate addendum:

• Addendum A: SaaS Products and/or Hosted Services
• Gen AI Addendum: Gen AI Functionality
• Addendum B: Software
• Addendum C: Consulting Services
• Addendum D: Training Services
• Addendum E: Governing law, jurisdiction, and geo-specific terms

Risk: The revised categorization may cause additional terms to apply based on how an Order is characterized. Customers should confirm that the relevant Order expressly identifies the applicable product category and addendum.

3. AI-related changes

• A new “Gen AI Addendum: Additional Terms Relating to Gen AI Functionality” is introduced.
• Gen AI terms appear to apply to Orders involving SaaS Products and/or Hosted Services.
• The diff does not disclose whether Customer Data, prompts, outputs, usage data, telemetry, or personal information may be used to:
• train or fine-tune Sitecore’s or third-party AI models;
• improve products or services;
• develop generalized models;
• retain prompts or outputs;
• permit human review; or
• share data with AI subprocessors.

Key risk: The missing Gen AI Addendum may contain broad rights to use Customer Data for model training or service improvement. Customers should obtain and review it before accepting any Order involving AI functionality, specifically seeking an express prohibition on using Customer Data, prompts, inputs, and outputs for model training unless separately authorized in writing.

4. Drafting and implementation concerns

• The diff contains extensive repeated and apparently navigational text, suggesting the source may be a web-page conversion rather than a clean contract.
• References to addenda should be checked for numbering, completeness, incorporation, and precedence.
• The effective-date language is retained but embedded in a substantially revised structure; confirm whether existing Orders are automatically brought under the new framework or only future Orders.

Summary of Important Changes

1. Agreement structure and incorporated documents

• The opening language is revised to define the document as the “Master Terms”, expressly including:
• The Addendums; and
• The Data Processing Addendum (DPA).
• The Master Terms, the DPA, and all Orders are stated to together constitute the “Agreement.”
• This may make the DPA and Addendums contractually binding components of the overall agreement, rather than merely referenced supporting documents. Their priority, amendment, and conflict provisions should be reviewed.

2. Parties and effective date

• The parties are now identified as:
• The entity described as Sitecore on the applicable Order; and
• The entity described as Customer on the applicable Order.
• The Effective Date remains tied to the date the last party signs the first Order placed under the Master Terms.
• The revised drafting clarifies that the Master Terms apply to Orders entered into between Sitecore and Customer, rather than using the less precise wording that the terms “apply to Orders entered into.”
• The definition of “Order” is retained and now appears in a more integrated sentence.

Potential risk: Because the parties are identified by reference to each Order, affiliates or related entities may not automatically be covered unless they are specifically named or otherwise authorized under the Order structure.

3. Scope of Orders

• The revised language states that all Orders will be governed by the terms and conditions contained in the Master Terms.
• This reinforces that future Orders may be subject to the same Master Terms without repeating all contractual provisions.

Potential risk: Customers should confirm whether future Orders can incorporate updated versions of the Master Terms, Addendums, or DPA, and whether an Order can override the Master Terms. The excerpt does not resolve document-priority questions.

4. Product and service descriptions

• The product descriptions are largely retained, with stylistic changes such as replacing curly apostrophes with standard apostrophes.
• The text continues to cover SaaS products, hosted services, cloud infrastructure, and on-premise software, including patches, updates, and upgrades.

5. Customer data and AI-model training

• No express change concerning the use of Customer data to train AI models appears in this excerpt.
• The excerpt does not add or remove language authorizing Sitecore to:
• Train generative AI or machine-learning models using Customer Data;
• Use Customer Data for product improvement or analytics;
• Create or use de-identified or aggregated data for training; or
• Retain prompts, outputs, or other AI-related information.
• Because the DPA is expressly incorporated into the Agreement, any AI-training permissions or restrictions may appear there or in another Addendum. Those provisions should be reviewed separately.

Structured Summary of Important Changes

1. Agreement Structure and Scope

• The introductory language is substantially reorganized and now states that the Master Terms, DPA, and all Orders together constitute the “Agreement.”
• The Master Terms expressly apply to Orders between Sitecore and the Customer, rather than relying primarily on the description of the parties in the first Order.
• The definition and role of an “Order” are clarified, including that Orders may cover different Sitecore products or services.

Risk: Incorporating the DPA and all Orders into one defined “Agreement” may make obligations in those documents contractually binding across the relationship. The diff does not clearly show an updated order-of-precedence provision, so conflicts among the Master Terms, DPA, addenda, and Orders should be checked.

2. Expanded Product and Service Categories

The revised text distinguishes among:

• SaaS Products — subscription-based software-as-a-service, including Sitecore Technology made available with the SaaS Products.
• Hosted Services — platform-as-a-service, infrastructure-as-a-service, and other cloud-hosting services.
• Software — subscription-based on-premise software, including patches, updates, and upgrades.
• Consulting Services — professional services provided remotely or onsite.
• Training Services — remote, web-based, onsite, public, customer-specific, and eLearning training.

Each category is assigned a separate addendum, creating a more detailed product-specific contracting structure.

Risk: Customers purchasing multiple categories may be subject to several addenda simultaneously. The applicable addendum should be expressly identified in each Order, particularly where a service could fall within more than one category.

3. Addendum Renumbering and New Gen AI Addendum

The addenda have been reorganized as follows:

• Addendum A: SaaS Products and/or Hosted Services
• Gen AI Addendum: Gen AI Functionality
• Addendum B: Software
• Addendum C: Consulting Services
• Addendum D: Training Services
• Addendum E: Governing Law, Jurisdiction, and Geo-Specific Terms

The prior structure appears to have treated SaaS, Hosted Services, Software, Consulting, and Training under different numbering. The new structure separates Gen AI functionality into its own addendum.

4. AI Training and Use of Customer Data

The diff does not include the substantive text of the Gen AI Addendum and therefore does not show whether Sitecore may:

• use Customer Data or prompts to train, fine-tune, or improve AI models;
• use data for service analytics or product development;
• retain prompts, outputs, or other AI interaction data;
• share data with third-party AI providers;
• use de-identified, aggregated, or anonymized data for training; or
• provide an opt-out or deletion mechanism.

The important change is the creation and incorporation of a dedicated Gen AI Addendum, not an express authorization or restriction on AI training in the text provided.

Key risk: Customer data-training rights may be located entirely in the missing Gen AI Addendum or DPA. That document should be reviewed before acceptance, with particular attention to confidentiality, personal data, model training, third-party model providers, retention, deletion, and whether Customer Content is excluded from training by default.

Summary of Important Changes

1. Revised agreement structure and terminology

• The opening language is substantially reorganized and now expressly refers to:
• “Master Subscription Terms & Conditions”
• The “Data Processing Addendum” (DPA)
• Other addendums
• Orders
• “Master Terms” is now defined as the subscription terms and conditions, including the applicable addendums.
• The parties are identified more directly as Sitecore and Customer based on the entities listed in each Order.

Risk/impact: The revised structure may make the DPA and other addendums more clearly part of the contractual framework. Customers should confirm which addendums apply to each Order and whether any addendum contains terms that override the main agreement.

2. Expanded and clarified scope of Orders

• The prior language stated that the Master Terms “apply to Orders entered into.”
• The new wording states that:
• All Orders are entered into between Sitecore and Customer.
• All Orders are governed by the terms and conditions in the Master Terms.
• The term “Order” is defined in Section 1.

Risk/impact: This may strengthen the argument that the Master Terms automatically govern every Order between the parties, including future Orders. Customers should verify the order-of-precedence rules and whether an Order can modify or override the Master Terms.

3. Agreement formation and Effective Date

• The Effective Date remains tied to the date the last party signs the first Order.
• The revised language moves this timing concept into a more structured introductory provision.

Risk/impact: The change may clarify when the overall contractual relationship begins, but it could also cause the Master Terms to apply to later Orders even if those Orders are signed separately or by different purchasing entities. The parties should confirm which entities are bound and whether affiliates are included.

4. Agreement components

• The agreement is expressly described as consisting of the Master Terms, the DPA, and all Orders.
• The text continues to describe Sitecore’s SaaS, hosted-service, and software offerings.

Risk/impact: Incorporation of the DPA and Orders into the “Agreement” may affect liability, data-processing obligations, service-specific terms, and contractual priority.

5. AI model training and use of customer data

• No express change concerning AI, machine learning, model training, or use of Customer Data to train models appears in the supplied diff.
• The diff does not add or remove language granting Sitecore rights to:
• Train AI models using Customer Data;
• Use Customer Data to improve services or algorithms;
• Create derived data or model inputs from Customer Data; or
• Retain Customer Data for model-development purposes.

Important limitation: Because the DPA, data-use provisions, and any AI-specific addendum are only referenced—not provided—this diff alone cannot confirm that Customer Data is excluded from AI training. Those provisions should be reviewed separately, particularly definitions of “Customer Data,” “Usage Data,” “Aggregated Data,” and permitted service-improvement uses.

Structured Summary of Important Changes

1. Agreement structure and effective date

• The opening provisions are rewritten to clarify that the terms are between Sitecore and the Customer identified in each Order.
• The Master Terms now apply to Orders entered into between Sitecore and Customer, rather than simply stating that the parties entered into the terms as of the first Order’s signature date.
• The Master Terms, DPA, and all Orders together constitute the “Agreement.”
• The revised language expressly defines an Order and states that all Orders are governed by the Master Terms.

Risk/impact:

This creates a clearer contractual framework but may also make the DPA and every Order contractually binding parts of the overall Agreement. Customers should check for conflicts among the Master Terms, DPA, Orders, and addenda, including which document controls if provisions conflict.

2. Expanded and reorganized product/service categories

The document now distinguishes among:

• SaaS Products
• Hosted Services
• Software
• Consulting Services
• Training Services

Each category is tied to a separate addendum:

• Addendum A — SaaS Products and/or Hosted Services
• Gen AI Addendum — Gen AI Functionality
• Addendum B — Software
• Addendum C — Consulting Services
• Addendum D — Training Services
• Addendum E — Governing law, jurisdiction, and geo-specific terms

The definitions are more detailed. For example, Software now includes on-premise software and patches, updates, or upgrades. Consulting and Training Services are described more specifically, including remote, onsite, web-based, eLearning, and public-class offerings.

Risk/impact:

The applicable obligations may vary significantly depending on the product or service ordered. Customers should verify that every applicable addendum is provided and incorporated into the relevant Order. The expanded categorization may also introduce additional obligations that did not apply under the prior, more general structure.

3. Gen AI functionality

A new “Gen AI Addendum: Additional Terms Relating to Gen AI Functionality” is expressly added to the agreement structure. The prior text did not separately identify a Gen AI addendum.

Important limitation:

The supplied diff only adds the name and organizational reference to the Gen AI Addendum. It does not show the substantive provisions governing:

• Whether Customer Data, prompts, outputs, or usage data may be used to train AI models;
• Whether data is used for Sitecore’s models, third-party models, or both;
• Opt-out or consent rights;
• Data retention, deletion, anonymization, or aggregation;
• Human review or model-improvement activities;
• Ownership and permitted use of AI inputs and outputs.

Risk/impact:

The new addendum may contain material AI data-use permissions, but those terms cannot be assessed from this diff. The customer should obtain and review the complete Gen AI Addendum before enabling or purchasing Gen AI functionality, particularly for confidential, personal, regulated, or proprietary data.