Volusion

Summary of Important Changes and Risks

1. AI Training and Use of Customer Data

• No express provision authorizes Volusion to use Customer Content to train AI models. The added Terms do not mention artificial intelligence, machine learning, model training, model improvement, prompts, or generated outputs.
• However, the Terms grant Volusion a worldwide, royalty-free, non-exclusive license to host and use Customer Content “in order to provide the Services.” Depending on how Volusion interprets “provide the Services,” this could potentially cover automated analysis or AI-powered functionality, but it does not clearly authorize broader training or commercial reuse.
• Feedback is treated much more broadly. Volusion receives a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and exploit Customer Feedback “for any purpose whatsoever,” including commercial purposes, without compensation. Feedback could include suggestions or information relating to AI features, although the clause does not expressly address Customer Content or confidential data.
• Volusion may allow its staff to access Accounts, Sites, and Content to investigate complaints, allegations of abuse, or perform the Services. This creates an operational data-access risk but is not an AI-training authorization.
• Volusion may provide personal information to partners, and the Privacy Policy is incorporated by reference. The actual scope of partner access and any AI-related practices must therefore be reviewed in the Privacy Policy and other linked policies.

2. Expanded/Restated Agreement and Incorporated Policies

• The addition appears to insert or restate a comprehensive Terms of Service, including the Privacy Policy, AUP, DMCA Policy, Subpoena Policy, PCI terms, and other policies as part of the Agreement.
• Volusion may modify the Terms, AUP, and pricing, with changes becoming effective through email notice, electronic acceptance, or continued use. This creates a risk of unilateral changes without an individually negotiated amendment.
• The Customer is responsible for obtaining required consent for Volusion and third parties to access customers’ personal information and must maintain a compliant privacy policy.

3. Data, Confidentiality, and Security Risks

• Customer retains ownership of Content, but is responsible for its security, confidentiality, integrity, backups, and legal compliance.
• Content may be transferred unencrypted over some networks, and Volusion disclaims responsibility for loss or destruction.
• Confidentiality protections are limited by disclosures required to provide Services, the Privacy Policy, and legal obligations.
• Volusion may conduct forensic examinations following a compromise and may suspend or throttle Sites during attacks or suspected violations.

4. Commercial and Liability Changes/Risks

• Broad suspension and termination rights apply, often without notice and without refunds.
• Customer indemnification is extensive, including claims involving Customer Content, End Users, legal violations, and taxes.
• Volusion excludes consequential and many other damages, requires Texas courts and generally Texas law, waives jury trials, and prohibits class actions.
• The text includes apparent drafting/formatting errors, including “Terms of Service These” and “use use,” which could create interpretive uncertainty but may be merely website conversion errors.
• The notice section identifies legal@volusion.com as the legal-notice email address.

No

Summary

The provided diff does not include any actual contract language. It only states: “Text modified while maintaining similar length.” Accordingly, I cannot reliably identify legal changes, new risks, or modifications concerning the customer’s data or AI model training.

AI Training and Customer Data

• No language was provided addressing:
• Whether customer data may be used to train, fine-tune, or improve AI models;
• Whether prompts, outputs, personal information, or confidential information are retained;
• Whether data is anonymized, aggregated, or de-identified;
• Whether customer data is shared with affiliates, vendors, or third-party model providers;
• Whether the customer can opt out of AI training;
• Ownership or licensing rights in data, inputs, outputs, or model improvements; or
• Security, deletion, or retention requirements for data used in AI systems.

Risk Assessment

Because the underlying additions, deletions, and replacements are missing, it is not possible to determine whether the revised language:

• Expands the provider’s rights to use customer data;
• Converts an opt-in restriction into an opt-out right;
• Permits use of data for generalized model training;
• Weakens confidentiality or data-protection commitments;
• Broadens permitted disclosures to subcontractors or service providers; or
• Changes liability for unauthorized use or disclosure.

Information Needed

Please provide the full marked-up text using the stated notation:

• Additions: {new text}
• Deletions: [deleted text]
• Replacements: [old text]{new text}

Once the actual diff is provided, I can identify the material legal changes and specifically analyze any provisions involving AI training and customer data.

Structured Summary of Changes

Executive Summary

The diff appears to contain a large-scale deletion and re-insertion of the Terms of Service, likely caused by website formatting, navigation, or document-generation changes. The visible changes do not clearly show substantive revisions to the operative legal terms. The diff does not identify any new or revised provision authorizing Volusion to use customer data to train artificial intelligence models.

Because the entire prior text is shown as deleted and much of the replacement text appears substantively identical, a clean redline or side-by-side comparison would be necessary to confirm that no hidden wording changes exist.

Apparent Changes

Website Navigation and Formatting

• Website navigation content has been reorganized.
• “Terms of Service” appears to have been reinserted with a spacing/formatting issue: Terms of ServiceThese Terms of Service.
• The Volusion legal-contact information appears to have been reformatted, including the “Attn: Legal Department” line.
• These changes appear administrative rather than substantive, but the malformed text could create ambiguity in the published version.

Substantive Contract Terms

No clear substantive changes were identifiable in the visible text. The reinserted Terms of Service continue to include provisions that:

• Give Volusion a license to host and use customer content to provide the Services.
• Permit Volusion staff to access accounts, sites, and content for service performance, complaint investigation, and abuse allegations.
• State that Volusion claims no ownership of customer content.
• Allow Volusion to use customer names and trademarks for marketing and service-related publicity.
• Permit disclosure of personal information to partners, subject to the Privacy Policy.
• Impose broad customer responsibility for legal compliance, end users, privacy, security, and backups.
• Provide broad disclaimers, liability limitations, indemnification obligations, suspension rights, and Texas forum-selection requirements.

AI Model Training and Customer Data

• No express AI-training provision appears in the supplied diff.
• There is no visible language granting Volusion the right to use customer content, customer data, end-user data, prompts, outputs, or usage data to train, fine-tune, improve, or evaluate artificial intelligence or machine-learning models.
• The existing license to “host and use” content “in order to provide the Services” is not expressly an AI-training license. However, its scope could be disputed if Volusion later treats model training as part of providing or improving the Services.
• The Privacy Policy is incorporated by reference and may contain additional data-use permissions not shown here. That policy should be reviewed separately for AI-related disclosures.

Key Risk Assessment

The principal risk is not a clearly expanded AI-training right, but rather uncertainty caused by the wholesale replacement formatting and incorporation of the Privacy Policy and other policies by reference. Customers should request a clean redline and review the current Privacy Policy for any authorization to use customer or end-user data for AI development, analytics, or model training.

Key Changes and Legal Risks

1. Document and scope changes

• The document changes from “Terms of Service” to “Volusion Privacy Policy” and clarifies that the policy forms part of the broader Terms of Service.
• The policy now expressly covers information shared through both the website and Volusion’s Services, rather than primarily information provided through the website.
• The policy states that plain-language summaries are for convenience and are not legally binding; the detailed policy controls.
• The effective-date and prior-version language appears to have been reorganized. The actual effective date should be confirmed.

2. Broader definition of Personal Information and PII

• “Personal Information” now expressly includes both Personally Identifiable Information (PII) and Anonymous Information.
• The definition of PII is broadened from information that is not linked to an individual to information that can be used to identify an individual.
• Examples now expressly include names, company information, email and phone numbers, billing and shipping addresses, Volusion credentials, payment-card information, account preferences, and IP addresses.
• This creates a broader category of protected information and may increase Volusion’s obligations and the customer’s exposure regarding data collected through the Services.

3. Expanded collection and use permissions

• The policy now states that Personal Information may be collected and used in connection with the performance of the Services, in addition to website activity.
• It continues to permit use for service delivery, marketing, analytics, fraud prevention, quality assurance, testing, support, surveys, email administration, and related operational purposes.
• Visitors who are not customers are deemed to consent to collection, use, and disclosure by visiting the website. The enforceability of this implied-consent language may vary by jurisdiction.

4. Broader disclosure and third-party sharing

The exceptions to the “do not sell, rent, or trade” statement are significantly expanded. Disclosure is permitted:

• To provide the Services;
• In aggregated or de-identified form;
• To comply with law or based on a good-faith legal or safety concern;
• To auditors, successors, and entities involved in mergers, acquisitions, bankruptcy, or asset sales;
• To enforce the Terms of Service or protect Volusion, users, or others;
• For fraud protection and risk reduction;
• To partners and service providers for shipping, payments, site monitoring, fraud prevention, testing, support, surveys, and marketing.

The prior language suggested stronger control over third parties, including use only for requested services and confidentiality. The revised language primarily says Volusion will require contractual restrictions, while also acknowledging that Volusion does not control third-party use and that third-party privacy policies may apply.

Consent for partner sharing is also narrowed: consent is promised for purposes other than those described in the policy, but sharing for listed purposes may occur without separate consent.

5. AI-model training

• No express provision addressing AI, artificial-intelligence systems, machine learning, model training, model improvement, prompts, or customer-content licensing appears in the supplied diff.
• Accordingly, this diff does not clearly authorize or prohibit using customer data to train AI models.
• However, the broad permissions for analytics, quality assurance, testing, service improvement, and third-party service providers could create ambiguity if those activities involve AI training. A separate, explicit AI/data-use clause should be reviewed.

Summary of Important Changes

1. Major Terms of Service Content Added

The diff adds a substantially complete set of Volusion Terms of Service, including provisions covering accounts, services, customer content, fees, suspension, intellectual property, indemnification, liability, termination, and third-party services. This materially expands the contractual obligations and risks for customers.

2. Customer Data and AI Model Training

• No express authorization to train AI models appears in the added text. The Terms do not clearly state that Volusion may use Customer Content, End User data, or personal information to train, fine-tune, or evaluate artificial-intelligence or machine-learning models.
• The license for “Your Content” is limited to a worldwide, royalty-free license to “host and use” content in order to provide the Services. This wording does not expressly authorize unrelated commercial use or AI training, although “use” could create ambiguity.
• The license for Customer Feedback is much broader: Volusion may use, publish, exploit, sublicense, and transfer Feedback “for any purpose whatsoever, commercial or otherwise,” without compensation. If Feedback contains customer data, confidential information, prompts, or other materials, this could arguably permit use of that material for AI development or training.
• The confidentiality provision does not expressly address whether data may be de-identified, aggregated, used for analytics, or used to train AI systems. Customers should seek clarification, particularly regarding data submitted through support, chat, forums, or product-feedback channels.

3. Broad Access to Customer Data

Volusion may access Accounts, Sites, and Content to investigate complaints, abuse, or otherwise perform the Services. It may also provide personal information to partners and share certain personally identifiable information with Shippo under the Privacy Policy. The Terms incorporate the Privacy Policy and other policies, which may contain additional data-use permissions not shown here.

4. Significant Customer Risks

• Volusion may modify the Agreement, AUP, pricing, and security settings, in some cases effective immediately upon posting or continued use.
• Services may be suspended, throttled, quarantined, or terminated broadly and sometimes without notice.
• Customers bear responsibility for backups, legal compliance, privacy notices, End User consent, security, and all Site content.
• Volusion disclaims responsibility for data loss and limits remedies largely to stopping use or receiving limited service credits.
• Customers provide broad indemnification for claims involving their content, Sites, End Users, legal violations, and taxes.
• Texas law, Austin courts, jury-trial waiver, and class-action waiver apply.

5. Administrative and Drafting Changes

The diff also adds navigation and policy links, replaces the notice email with legal@volusion.com, and contains apparent formatting or drafting errors, including “Terms of ServiceThese,” duplicated navigation text, and “use use.” These should be corrected to avoid ambiguity.

Summary

The diff does not include the actual amended contract language. It only states that approximately 609 words were added. As a result, the legal effect of the changes cannot be reliably analyzed.

AI Training and Customer Data

No substantive wording about AI, machine learning, model training, customer data, prompts, inputs, outputs, or data retention is included in the provided diff. Therefore, it is not possible to determine whether the amendment:

• Permits the provider to use customer data to train or improve AI models;
• Limits training use to aggregated, de-identified, or anonymized data;
• Allows use of customer content, prompts, files, or outputs for model development;
• Gives the customer an opt-out or consent right;
• Permits sharing of customer data with affiliates, vendors, or AI providers;
• Changes ownership or licensing rights in customer data or AI-generated outputs;
• Extends data retention periods for training or product-improvement purposes; or
• Adds security, confidentiality, deletion, or regulatory protections.

Other Legal Risks

Because the added text is not provided, the following issues also cannot be assessed:

• Changes to indemnification, liability caps, warranties, or disclaimers;
• New fees, renewal terms, or termination rights;
• Expanded rights to use customer content or deliverables;
• Changes to confidentiality or data-protection obligations;
• Subcontracting or third-party service-provider rights;
• Governing law, dispute resolution, or audit provisions; and
• Retroactive application of the new terms to existing data or services.

Required Information

To perform a meaningful legal comparison, the full redlined language or the specific 609-word addition is required. In particular, provide any provisions containing terms such as “AI,” “machine learning,” “train,” “improve,” “develop,” “customer data,” “content,” “inputs,” “outputs,” “de-identified,” “aggregated,” or “service improvement.”

Summary

The provided diff contains only the text:

> “Added approximately 1 words to the document”

It does not identify the actual added, deleted, or replaced legal language. As a result, no reliable analysis can be made regarding:

• Changes to the parties’ rights or obligations
• Liability, indemnity, confidentiality, or termination provisions
• Ownership or licensing of data, content, or intellectual property
• Use of customer data to train, fine-tune, evaluate, or improve AI models
• Data retention, security, sharing, or disclosure practices
• New customer consent requirements or opt-out rights

AI Training and Data-Use Analysis

No specific language concerning AI models or customer data is included in the diff. Therefore, it is not possible to determine whether the amendment:

• Permits or restricts training AI models using customer data
• Allows use of customer prompts, inputs, outputs, or usage data for model improvement
• Applies anonymization, aggregation, or de-identification requirements
• Gives the customer an opt-out or deletion right
• Grants the provider ownership or a broad license over customer data
• Allows disclosure of data to affiliates, vendors, or model-training partners

Risk Assessment

The diff is incomplete and cannot be assessed for legal effect. The actual revised wording—particularly the one added word and the surrounding sentence or provision—is necessary to identify any new risks or changes in data-use rights.

Summary of Important Changes

1. AI Model Training and Customer Data

• No express change concerning AI training was identified.
• The diff does **not add or remove language expressly permitting or prohibiting Volusion from using Customer data, Customer Content, End User data, or usage data to train artificial-intelligence or machine-learning models.
• The existing terms remain relevant:
• Volusion receives a worldwide, royalty-free, non-exclusive license to host and use “Your Content” to provide the Services.
• Volusion may access Customer accounts, sites, and content to investigate complaints, abuse, or otherwise perform the Services.
• Volusion states it will not intentionally disclose confidential information except as necessary to provide Services or as described in the Privacy Policy.
• The Privacy Policy is incorporated into the Agreement and may contain additional data-use permissions not visible in this diff.
• Practical risk: Although no AI-training right appears in the Terms of Service changes, the broad “use” license and incorporation of the Privacy Policy could leave room for data use under separate policies or future amendments. Customers should review the current Privacy Policy and any product-specific AI terms.

2. Apparent Website and Navigation Changes

• The navigation and footer content appears to have been substantially reformatted or replaced, including references to:
• Terms of Service
• Privacy Policy
• Acceptable Use Policy
• Design, Marketing, Fraudscore, DMCA, subpoena, partner, referral, and payment terms
• These changes appear primarily editorial or site-structure related. The diff does not clearly show substantive amendments to those linked policies.

3. Notice and Contact Information Formatting

• The notice provision was reformatted:
• The email address and “Attn: Legal Department” language appear to have been rearranged.
• The listed address remains Volusion, LLC, 2028 E. Ben White Blvd., Ste. 240 #1835, Austin, Texas 78741.
• No clear change to the legal effect of the notice provision is apparent.

4. Potentially Important Existing Risks Confirmed by the Text

These are not shown as new changes, but remain material customer risks:

• Volusion may modify the Terms, generally making changes effective upon notice, acceptance, or continued use.
• Volusion may suspend or terminate Services broadly and without liability in several circumstances.
• Customer bears responsibility for legal compliance, End User data, backups, and moving data off Volusion’s systems after termination.
• The Agreement contains broad warranty disclaimers, liability limitations, indemnification obligations, Texas venue requirements, jury-trial waiver, and class-action waiver.
• Volusion may provide Services to competitors and permits employee or contractor competition, subject to stated confidentiality restrictions.

Bottom Line

The supplied diff does not show a clear change to AI-training rights or Customer data-use permissions. The principal apparent changes are formatting, navigation, and presentation changes. The Privacy Policy and any separate AI-related service terms should be reviewed separately because they may govern data use beyond the Terms of Service.

Key Changes and Risks

1. Major restructuring and expanded scope

• The policy is substantially rewritten rather than merely amended.
• Coverage expands from information provided on the website to information collected through the website and Volusion’s Services.
• The policy now expressly covers customers, partners, and visitors, not only website users.
• The policy is incorporated into the broader Terms of Service, and states that plain-language summaries are not legally binding.
• The revised policy applies as of a stated effective date, although the date is not visible in the supplied diff.

Risk: Incorporation into the Terms of Service may make the privacy policy contractually significant and subject to other definitions or provisions in those terms.

2. Broader definitions of Personal Information

The revised language defines “Personal Information” to include both:

• Personally Identifiable Information (PII); and
• Anonymous Information, described as information not linked to an individual and not itself identifying an individual.

Examples of PII are expanded or clarified to include:

• Name and company;
• Email address and phone number;
• Billing and shipping addresses;
• Volusion user ID and password, if applicable;
• Credit or debit card information, if applicable;
• Account-preference information; and
• IP address.

Risk: The broader and more detailed data categories make clear that sensitive account and payment-related information may be within the policy’s scope. The supplied excerpt does not show the corresponding security, retention, deletion, or breach-notification provisions.

3. Consent language changed

The previous policy apparently stated that submitting information or visiting the site constituted express consent to collection, use, and disclosure. The revised wording instead says that, unless otherwise required by law, submitting information through the site or Services—or visiting the site—constitutes agreement to the policy.

Risk: This may broaden the circumstances in which a visitor is deemed to have accepted the policy, including non-customers who merely visit the site. Whether this is legally effective will depend on applicable privacy and consent laws.

4. Merchant and customer-data obligations

The revised policy places more explicit obligations on Volusion merchants to:

• Explain to their customers how personal information is collected and processed;
• Post an accurate privacy policy complying with applicable law; and
• Obtain customer consent for Volusion’s and third parties’ use and access to customer information.

Risk: Merchants may bear increased compliance responsibility and potential exposure for failing to provide adequate notices or obtain legally valid consent.

5. AI-model training

No express change concerning AI or training AI models is visible in the supplied diff. The excerpt does not add language authorizing or prohibiting use of customer data, merchant data, prompts, content, or Personal Information to train, fine-tune, evaluate, or improve AI models.

Because the diff is fragmented and appears to omit later policy sections, the complete policy should be reviewed to confirm that no AI-related provision appears outside the supplied text.

Summary

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

> “Added approximately 610 words to the document”

Accordingly, it is not possible to determine:

• What contractual provisions were added or changed;
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether such use is permitted by default or requires consent;
• Whether data is anonymized, aggregated, or otherwise protected;
• Whether the customer may opt out;
• Whether the provider may share data with affiliates, subcontractors, or model providers;
• Whether customer prompts, outputs, or personal information are retained;
• Whether the provider claims ownership or license rights in customer data or generated outputs; or
• Whether new indemnity, confidentiality, security, audit, or regulatory obligations were introduced.

AI Training Risk Assessment

No conclusion can be reached regarding AI-training practices because the additions themselves are not shown. The statement that approximately 610 words were added is not sufficient to identify legal effect or risk.

Information Needed

Please provide the full diff, including:

• Added text in {curly brackets};
• Deleted text in [square brackets]; and
• Replacements in the specified []{} format.

Once the actual language is provided, the analysis can identify material changes, with particular focus on whether customer data may be used to train or improve AI models and whether any consent, opt-out, deletion, confidentiality, or data-protection safeguards apply.

Summary of Important Changes

1. Privacy Policy replaces/relocates Terms of Service language

• The document is now presented as Volusion’s Privacy Policy, rather than primarily as Terms of Service.
• The policy expressly states that it is part of the broader Terms of Service.
• “Everyday language” summaries are now described as not legally binding.
• The policy states that the effective date is the date shown in the policy, but the supplied diff does not clearly identify that date.

Risk: Customers should verify which version governs, whether the policy was properly incorporated into the customer agreement, and whether the effective date and update mechanism are clear.

2. Broader and clearer definition of Personal Information

The revised language combines:

• Personally Identifiable Information (PII); and
• Anonymous Information.

PII is defined more broadly as information that can identify an individual, including names, company details, email and physical addresses, user IDs, passwords, payment-card information, account preferences, and IP addresses.

Anonymous Information is described as data that is not linked to PII and does not, by itself, identify an individual.

Risk: The revised definition appears broader and more operationally useful to Volusion. Data previously characterized as anonymous may potentially be treated as personal information if it can be linked back to an individual.

3. Expanded collection and use purposes

The policy now covers information provided:

• Through the website;
• As part of Volusion’s Services; and
• By non-customers merely visiting the website.

Use purposes include providing and improving Services, advertising and marketing, fraud prevention, quality assurance, testing, support, surveys, email administration, and site-activity monitoring.

Risk: The scope of permitted processing is more extensive, particularly for visitors and customer-related data. “Consent” language for website visitors may not by itself satisfy all applicable privacy-law requirements.

4. Expanded disclosures to third parties

The prior restrictions are replaced with a detailed list of permitted disclosures, including disclosures:

• To provide Services;
• In aggregated form;
• To comply with law or protect Volusion’s rights and users;
• To auditors;
• In connection with mergers, acquisitions, bankruptcy, or asset sales;
• For fraud prevention and risk reduction; and
• To service providers supporting shipping, payments, monitoring, testing, support, surveys, and email administration.

Volusion states it will require contractual confidentiality and data-protection commitments from service providers, but also says it does not control third parties’ use of information.

Risk: The new exceptions are broader, and customers may have less control over disclosures connected with corporate transactions, fraud prevention, and service providers.

5. AI-model training

No express provision authorizing or prohibiting the use of customer data to train AI models appears in the supplied diff.

The revised policy does authorize broad uses such as improving Services, quality assurance, testing, analytics/site monitoring, and support. Depending on interpretation, Volusion might attempt to characterize some AI-related processing as falling within those purposes, but the text does not clearly say that customer data, customer content, or PII may be used to train, fine-tune, or evaluate AI models.

Recommendation: Obtain written clarification or a contractual restriction expressly addressing AI training, model improvement, retention, de-identification, and use of customer or end-user data.

6. Non-legal website-code changes

The diff also contains extensive website scripts, tracking code, HubSpot/Dynatrace integrations, accessibility code, and apparently corrupted or duplicated page content. These should be separated from the operative legal text before relying on the document.

Summary of Important Changes

1. Full Terms of Service Added or Replaced

The diff appears to replace a limited or incomplete terms page with a comprehensive Terms of Service agreement. The new text:

• Identifies Volusion, LLC as the contracting party.
• Covers Volusion’s ecommerce platform, hosting, applications, tools, templates, and related services.
• Supersedes prior agreements and allows Volusion to amend the terms unilaterally.
• Makes continued use of the Services acceptance of amended terms.

Risk: Customers may be bound by changes through continued use, even without affirmative acceptance. The agreement also incorporates external policies that may change separately, including the AUP and Privacy Policy.

2. Customer Data and Content

The customer retains ownership of uploaded content, but grants Volusion a worldwide, royalty-free, non-exclusive license to host and use the content to provide the Services.

Other provisions permit Volusion to:

• Access accounts, sites, and content to investigate complaints, abuse, or security issues.
• Share personal information with partners.
• Transfer content through networks, potentially unencrypted, except payment-card data.
• Remove or disconnect content at Volusion’s discretion.
• Require customers to obtain their users’ consent for Volusion and third parties to access personal information.

Risks: The data-use authorization is broad and the agreement does not provide detailed limits on retention, deletion, geographic processing, subprocessors, or security obligations. Customers remain responsible for legal compliance and obtaining appropriate end-user consents.

3. AI Model Training

No express provision authorizes Volusion to use customer data or content to train, fine-tune, or improve artificial-intelligence models. The license to “use” content is expressly connected to providing the Services, which is narrower than a standalone AI-training license.

However:

• The wording is not highly specific about whether service improvement, analytics, automated processing, or AI features fall within “provid[ing] the Services.”
• The separate feedback license is extremely broad, perpetual, irrevocable, transferable, sublicensable, and usable “for any purpose whatsoever,” without compensation. Feedback could potentially include AI-related suggestions or information, although it does not expressly authorize training on customer content.
• The Privacy Policy, AUP, or other incorporated policies could contain additional data-use terms not shown in this diff.

Recommended clarification: Add an explicit statement addressing whether Customer Content, personal information, de-identified data, usage data, and feedback may be used to train or improve AI models, and whether customers can opt out.

4. Suspension, Termination, and Data Portability

Volusion may suspend or terminate services broadly, including for suspected violations, security concerns, attacks, legal requirements, or protection of other customers. Upon termination, sites go offline and customers are responsible for moving their content; Volusion does not promise export assistance.

Risk: There is no clear post-termination data retrieval period, deletion schedule, backup obligation, or transition assistance.

5. Commercial and Liability Changes

The new terms impose or confirm significant customer obligations:

• Automatic renewal and recurring billing.
• Immediate price changes when posted online.
• No refunds in most circumstances.
• Late fees, collection costs, and possible reactivation fees.
• Broad customer indemnification.
• Extensive warranty disclaimers.
• Exclusion of consequential and other damages.
• Texas exclusive forum, jury-trial waiver, and class-action waiver.

These provisions substantially shift operational, legal, and financial risk to the customer.

Summary of Material Changes

Overall Assessment

The diff is difficult to interpret because it shows almost the entire Terms of Service as deleted, while only a few replacement fragments are visible. The apparent replacements are mostly formatting or navigation changes. No complete replacement text is provided for the deleted substantive provisions, so it is not possible to determine whether those provisions were removed, relocated, or merely omitted from the redline.

Visible Changes

Website navigation and formatting

• The header/navigation text appears to have been substantially changed or removed.
• The phrase “Terms of Service” appears to have been changed to “Terms of ServiceThese Terms of Service”, apparently due to a formatting or spacing error.
• The contact-information formatting was revised:
• The email-label text appears to have changed from a malformed “E-mail: [legal@volusion.comAttn:]” to a separate “Attn: Legal Department” line.
• The policies/navigation list appears to have been reorganized, including references to the Referral Program, Volusion Payments/Stripe Terms, and other policies.

These changes do not clearly alter the parties’ substantive legal rights, but the formatting errors could create ambiguity about where the operative agreement begins and how referenced policies are incorporated.

Substantive Terms Potentially Affected

Because the substantive text is shown as deleted without a visible replacement, the following important provisions may have been removed or changed, but the diff does not establish what the new wording is:

• Volusion’s right to modify the Terms unilaterally.
• Suspension, termination, quarantine, and service-throttling rights.
• Customer responsibility for legal compliance, privacy notices, and end-user consent.
• The license to use customer content to provide the Services.
• Volusion’s rights to access customer accounts and content for investigations and service performance.
• Data-loss disclaimers and the customer’s backup obligations.
• Payment, renewal, cancellation, refund, and price-change provisions.
• Broad indemnification obligations.
• Warranty disclaimers and extensive liability limitations.
• Texas governing law, exclusive venue, jury-trial waiver, and class-action waiver.
• Volusion’s rights to use the customer’s name and trademarks for marketing.
• Data sharing with partners and third-party service providers.

These clauses are highly consequential and should be compared against the complete replacement Terms before acceptance.

AI Training and Use of Customer Data

No express change concerning AI, machine learning, model training, automated learning, or use of customer data to train AI models is visible in the supplied diff.

The text does contain broad provisions that could be relevant to data use, including:

• A license to host and use customer content “in order to provide the Services.”
• Permission for staff to access accounts, sites, and content for investigations and service performance.
• A broad license for customer feedback, including use for any commercial or non-commercial purpose.
• References to the Privacy Policy governing personal-information handling.

However, these provisions do not expressly authorize AI-model training based on the text provided. The complete current Terms and Privacy Policy should be reviewed for any separate AI-training language.

Summary

The provided material does not contain an actual contractual diff. It only states: “Text modified while maintaining similar length.” No additions, deletions, or replacements are shown using the specified notation.

AI Training and Data-Use Changes

• No AI-related changes can be identified.
• The text does not indicate whether customer data may be:
• Used to train, fine-tune, or improve AI or machine-learning models;
• Shared with model providers or other third parties;
• Anonymized, aggregated, or retained for training purposes;
• Excluded from training by default or only excluded upon customer request;
• Used to train general-purpose models versus customer-specific models.

Legal Risks

Because the underlying clauses are missing, it is not possible to assess whether the revised language:

• Expands the provider’s license or rights to use customer data;
• Changes ownership or control of customer data or model outputs;
• Adds consent for AI training or product improvement;
• Weakens confidentiality, security, deletion, or data-retention obligations;
• Broadens permitted disclosures to affiliates, contractors, or AI vendors;
• Changes liability or indemnity protection for unauthorized data use.

Information Needed

Please provide the complete marked-up text showing the additions, deletions, and replacements. The AI-training provisions and other material legal changes can then be analyzed accurately.

No

Summary

The diff only states: “Added approximately 8,051 words to the document.” It does not include the actual added language or identify which provisions changed.

Key Legal Changes

• Cannot be determined from the provided diff.
• The description does not show:
• New obligations or rights
• Changes to liability, indemnity, warranties, termination, or confidentiality
• Changes to governing law or dispute resolution
• Changes to data ownership, licensing, security, or privacy terms

AI Training and Customer Data

No conclusions can be drawn about whether the document now permits or restricts using customer data to train AI models.

The missing text should be reviewed specifically for provisions addressing:

• Use of customer data to train, fine-tune, test, validate, or improve AI or machine-learning models
• Whether customer data may be used for:
• General product improvement
• Shared or public foundation models
• Internal models
• Models serving other customers
• Whether data is anonymized, de-identified, aggregated, or pseudonymized before use
• Whether customer prompts, outputs, files, metadata, or usage information are included
• Customer consent, opt-out, or objection rights
• Retention and deletion of data used for training
• Human review or access to customer content
• Restrictions on using personal data, confidential information, or regulated data
• Ownership of trained models, model outputs, and derived data
• Security, confidentiality, and subprocessors involved in AI processing

Risk Assessment

Because the substantive additions are not provided, the legal risk is not assessable. The statement that approximately 8,051 words were added indicates a potentially material amendment, but it does not reveal whether the changes are favorable, unfavorable, or neutral.

The full redline—or at least the newly added provisions and the surrounding original language—is required for a meaningful legal analysis.

No

Summary

No contract language or markup was included in the provided text. The only content is:

> “Text modified while maintaining similar length”

Accordingly, I cannot identify:

• Changes to rights or obligations
• New legal or commercial risks
• Changes to data ownership, confidentiality, or permitted use
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Changes to opt-out rights, consent requirements, or deletion obligations

Information Needed

Please provide the actual redline/diff using the stated notation:

• Additions: {new text}
• Deletions: [deleted text]
• Replacements: [old text]{new text}

Once provided, I can summarize the material changes and specifically analyze any provisions concerning AI training, model improvement, data retention, anonymization, subcontractors, and customer opt-out or approval rights.

Summary

The provided diff states only:

> [Removed approximately 8051 words from the document]

It does not identify which provisions were deleted or provide the remaining contract language. As a result, the legal and commercial impact cannot be reliably analyzed.

AI Training and Data Use

• The diff does not show whether any provisions concerning the customer’s data, personal information, confidential information, prompts, inputs, outputs, or usage data were added, deleted, or modified.
• It is therefore impossible to determine whether the contract now:
• Permits or restricts using customer data to train, fine-tune, or improve AI models;
• Requires customer consent for AI training;
• Excludes customer content from model training by default;
• Allows use of de-identified, aggregated, or pseudonymized data;
• Gives the provider ownership or broad license rights over customer data;
• Requires deletion, retention limits, or segregation of customer data;
• Addresses human review, model evaluation, or automated processing; or
• Provides opt-out, audit, transparency, or security protections.

Potential Legal Risks

The deletion of approximately 8,051 words could materially affect provisions relating to:

• Data ownership and licensing;
• Confidentiality and permitted disclosures;
• Privacy and data-protection compliance;
• Security obligations and breach notification;
• Intellectual-property rights;
• AI model training and service improvement;
• Data retention and deletion;
• Liability limitations, indemnities, and warranties; and
• Customer termination and transition rights.

If the deleted material included restrictions on training or secondary use of customer data, its removal could substantially expand the provider’s ability to use that data. Conversely, if the deleted material contained provider obligations or permissions, deletion could reduce available protections or functionality.

Information Needed

A meaningful analysis requires either:

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

2. The specific deleted provisions; or

3. A redline showing the deleted language.

Without that information, no conclusion can be reached about whether the customer’s data may be used to train AI models or about the direction of any change.

Summary of Important Changes

Overall change

The diff appears to add or restore a substantially complete version of Volusion’s Terms of Service and related website content. The operative legal provisions newly appearing in the diff include broad terms on accounts, content, payment, suspension, liability, termination, third-party services, and data handling.

Customer data and AI model training

• No express authorization to train AI models was added. The Terms do not clearly state that Volusion may use Customer Content, Site data, End User data, or personal information to train, fine-tune, evaluate, or improve artificial intelligence or machine-learning models.
• The Customer grants Volusion a worldwide, royalty-free, non-exclusive license to host and use Customer Content “in order to provide the Services.” This wording appears limited to service delivery and does not expressly authorize unrelated AI training. However, “provide the Services” could potentially be interpreted broadly if AI features are part of the Services.
• Volusion may access Customer accounts, sites, and content to investigate complaints, abuse, or perform the Services. This creates operational access rights but still does not expressly authorize AI training.
• Feedback is treated much more broadly. Volusion receives a perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and exploit Feedback for any purpose, commercial or otherwise, without compensation. If Customer communications include prompts, business information, personal information, or suggestions relating to AI, this clause could create a risk that such Feedback is used to develop products or models, although it does not expressly mention AI or model training.
• Confidential information is protected against intentional disclosure except as needed to provide Services, under the Agreement, Privacy Policy, or legal requirements. The Privacy Policy is therefore important because it may contain additional data-use permissions not visible in this Terms diff.
• Customers must obtain consent for Volusion and other third parties to use and access their customers’ personal information. This shifts privacy and consent risk to the Customer.

Other material legal risks

• Unilateral changes: Volusion may amend the Agreement at its discretion, with effectiveness upon email notice, acceptance, or continued use.
• Broad suspension and termination rights: Services may be suspended or terminated without notice for suspected violations, attacks, legal requirements, or protection of other customers. Volusion may terminate for any reason.
• Data loss and portability: Volusion disclaims responsibility for lost or unrecoverable content, does not provide archival services, and places all backups and migration obligations on the Customer.
• Payment exposure: Automatic renewals, immediate price changes, overage charges, late fees, collection costs, no-refund terms, and continued billing after card expiration are authorized.
• Liability limitations: Consequential, indirect, punitive, and data-loss damages are broadly excluded. The Customer’s sole remedy for service problems may be stopping use, subject to limited service credits.
• Indemnity: The Customer provides broad indemnification for its content, sites, End Users, legal violations, intellectual-property claims, and taxes.
• Dispute terms: Texas law and courts apply; jury trials and class or representative actions are waived.
• Third-party sharing: Personal information may be provided to partners, including Shippo, subject to the Privacy Policy.

Apparent drafting or administrative changes

• Contact information is changed or clarified to legal@volusion.com, Attn: Legal Department.
• Website navigation and policy links are expanded or reorganized.
• Some typographical or formatting errors remain, including “Terms of Service These,” “use use,” and “describe” instead of “describes.”

Structured Summary of Important Changes

Overall Effect

The diff appears to remove the entire prior Terms of Service text, while showing only limited replacement text and website-navigation content. Because the replacement Terms of Service language is not included in the diff, it is not possible to determine whether substantive contractual terms were added, deleted, or rewritten. This creates a significant document-control risk: customers may be unable to identify the operative terms or compare the new version accurately.

Contract and Notice Changes

• The navigation/header content appears to have been reorganized to include:
• “Partner Program Types and Policies”
• Referral Program
• Volusion Payments/Stripe Terms
• The phrase “Terms of [Service These]{ServiceThese} Terms of Service” appears malformed. This could create ambiguity about the document title or indicate a publication/conversion error.
• The legal-notice information appears to have been reformatted:
• The former email presentation was replaced with “Attn: Legal Department.”
• The address is displayed with formatting issues, including “2028E” and “Austin TX,” which could affect clarity but likely does not change the intended address.
• The prior Terms of Service included unilateral amendment rights, Texas governing law, exclusive Texas venue, jury-trial waiver, class-action waiver, broad disclaimers, liability limitations, indemnification obligations, automatic renewal, termination rights, and data/security provisions. The diff does not show whether these provisions remain in the replacement version.

Customer Data and AI-Model Training

• No express provision addressing AI, machine learning, generative AI, model training, model improvement, or use of Customer Content for training appears in the provided diff.
• The deleted Terms of Service previously granted Volusion a broad but service-related license to use Customer Content:

> “a worldwide, royalty-free, non-exclusive license to host and use Your Content in order to provide the Services”

• The prior terms also allowed staff access to Customer Accounts, Sites, and Content to investigate complaints, allegations of abuse, and perform the Services.
• The prior terms stated that Volusion claimed no ownership of Customer Content and promised not to intentionally disclose confidential information except as required to provide Services, under the Agreement, or Privacy Policy.
• Because the replacement language is not shown, it is impossible to confirm whether:
• Customer Content may now be used to train or improve AI models;
• Customer Content may be used in de-identified, aggregated, or identifiable form;
• prompts, outputs, store data, customer data, or analytics are included;
• Volusion may permit affiliates or vendors to use data for model training; or
• customers can opt out or require deletion.

Key Risks and Recommended Follow-Up

1. Obtain the complete replacement Terms of Service before relying on this diff.

2. Confirm whether the Privacy Policy or separate AI/data-use terms contain training rights.

3. Require an express statement that Customer Content and End-User personal data will not be used to train general-purpose AI models without consent, if that is the intended commercial position.

4. Verify that the published document is not technically corrupted, particularly the title, address, navigation, and missing substantive terms.

Structured Summary of Important Changes

1. Overall Change

• The diff appears to add or republish the full Volusion Terms of Service and related website content, rather than showing narrowly targeted clause changes.
• Because the prior text is not fully visible, it is difficult to determine which provisions are genuinely new versus relocated or reformatted.
• The revised text incorporates the Privacy Policy, Acceptable Use Policy, and other referenced policies into the Agreement. Customers should review those documents separately because they may contain additional data-use rights.

2. Customer Data and AI-Model Training

• No express authorization to train AI models appears in this diff.
• The Terms grant Volusion a worldwide, royalty-free, non-exclusive license to host and use customer content “in order to provide the Services.” This wording does not expressly authorize using customer content to train, fine-tune, evaluate, or improve artificial-intelligence models.
• The Terms also grant Volusion broad rights to use customer feedback for any purpose, including commercial purposes, without compensation. Depending on how “feedback” is interpreted, this could potentially include suggestions relating to AI features, but it does not clearly cover customer store data or end-user data.
• Volusion may access customer accounts, sites, and content to investigate complaints, abuse, or perform the Services.
• Volusion may provide customers’ personal information to partners, and the Terms specifically authorize sharing certain personally identifiable information with Shippo when shipping services are used.
• Risk: The Privacy Policy and third-party service terms are incorporated by reference and may contain broader data-use or AI-training permissions not stated here. The Terms should expressly state whether customer data, de-identified data, prompts, outputs, or end-user information may be used for AI training.

3. Broad Provider Discretion

• Volusion may modify the Agreement at any time, with changes effective upon email notice, acceptance, or continued use.
• Volusion may refuse, suspend, throttle, quarantine, or terminate services with broad discretion and sometimes without notice.
• Volusion may provide services to competitors and permits employees and contractors to compete with customers, subject to a restriction against using confidential information.
• Volusion may change prices and payment terms immediately by posting changes online.

4. Customer Responsibilities and Risk

• Customers remain responsible for their sites, content, end users, legal compliance, privacy notices, consent, security, backups, and applicable data laws.
• Customers must obtain consent for Volusion and third-party access to end-user personal information.
• Volusion disclaims responsibility for data loss and does not promise to transfer content to another provider after termination.
• A broad indemnity requires customers to cover claims relating to their content, sites, end users, legal violations, and taxes.

5. Liability and Dispute Risks

• The Terms broadly disclaim warranties and exclude consequential, incidental, indirect, special, and punitive damages.
• The customer’s remedy may be limited to stopping use of the Services.
• Texas law and courts in Travis County/Austin apply; jury trials and class or representative actions are waived.
• These provisions materially increase the customer’s litigation and recovery risk.

6. Administrative Changes

• The notice email is changed or clarified to legal@volusion.com, with attention to the Legal Department.
• The Shippo provision expressly identifies Shippo as a third-party beneficiary and permits sharing personal information under the Privacy Policy.
• Several apparent formatting, navigation, and typographical changes do not appear to alter substantive legal rights.

Summary of Important Changes

> Caveat: The diff is heavily contaminated with website HTML, scripts, styling, analytics code, and duplicated text. The conclusions below are based on the readable legal-language changes and may require confirmation against clean versions of the policies.

1. Privacy Policy scope and definitions

• The document is reframed as a standalone Volusion Privacy Policy that forms part of the overall Terms of Service.
• Coverage is expanded or clarified to include information shared through both the website and Volusion Services, not merely the website.
• “Personal Information” now expressly includes both Personally Identifiable Information (PII) and Anonymous Information.
• The definition of PII is broadened from information that is not linked to an individual to information that can be used to identify an individual. Examples include:
• Name, company, email, telephone, billing and shipping addresses
• Volusion user ID and password
• Credit-card information
• Account preferences and IP address
• “Anonymous Information” is described as data that is not linked to PII and does not itself permit identification.

Risk: The broader PII definition may bring more customer and end-user data within the policy’s permitted collection, use, disclosure, and compliance obligations.

2. Broader collection and use language

• The policy now states that Personal Information may be collected through the Site, as part of the Services, or as otherwise described in the policy.
• Visiting the Site—even for non-customers—is described as consent to collection, use, and disclosure under the policy.
• Use is tied more explicitly to performance of the Services, rather than relying primarily on general consent.
• The policy continues to permit uses such as advertising, marketing, fraud prevention, quality assurance, testing, support, surveys, email administration, and site monitoring.

Risk: The revised language may support broader operational and marketing uses, including data from visitors and customers’ end users.

3. Third-party disclosures

The exceptions to the “do not sell, rent, or trade” statement are substantially reorganized and expanded. Disclosures may occur:

• To provide Services
• In aggregated form
• To comply with law or based on a good-faith legal necessity
• To auditors, successors in mergers or asset sales, and fraud-prevention organizations
• To enforce the Terms, protect rights and safety, and reduce fraud or risk
• To partners and service providers for shipping, payments, monitoring, support, marketing, and related activities

Volusion now says it will require contractual confidentiality and data-protection obligations from service providers, but also states that it does not control third parties’ use of collected information and that their privacy policies may apply.

Risk: Third-party sharing is more expressly authorized, while practical control over downstream use may be limited.

4. AI-model training

• No express provision authorizing or prohibiting the use of customer data to train artificial-intelligence or machine-learning models appears in the readable portion of this diff.
• The policy does not identify AI training as a purpose, explain whether customer content may be used as training data, or provide an AI-specific opt-out, deletion right, retention rule, or restriction on model outputs.

Risk: The absence of an AI-specific provision creates uncertainty. General language concerning service improvement, analytics, testing, aggregated information, or service providers could potentially be argued to cover AI-related processing, but the diff does not clearly say so.

Summary

The provided diff does not include the actual added or modified legal language. It only states:

> “Added approximately 610 words to the document”

Accordingly, it is not possible to determine:

• What contractual provisions changed;
• Whether liability, payment, termination, confidentiality, intellectual property, or data-protection obligations were revised;
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether customer data may be shared with affiliates, subprocessors, vendors, or model providers;
• Whether the customer has any opt-out, deletion, ownership, or audit rights; or
• Whether new security, retention, confidentiality, or indemnity risks were introduced.

AI Training and Data-Use Review

No specific language concerning AI models or training appears in the supplied diff. Therefore, no conclusion can be reached about whether the revised agreement:

• Permits use of customer data or inputs for model training;
• Limits training to aggregated, de-identified, or anonymized data;
• Restricts use of prompts, outputs, personal information, or confidential information;
• Gives the provider broad rights to use customer data for product improvement;
• Requires customer consent or provides an opt-out mechanism; or
• Protects the customer from disclosure of its data through model outputs.

Information Needed

Please provide the full redlined text, including the approximately 610 added words and any surrounding provisions. The changes should be marked using the stated format:

• Additions: {new text}
• Deletions: [deleted text]
• Replacements: [old text]{new text}

Without the actual wording, any assessment of legal effect or risk would be speculative.

Summary of Legal Changes

Scope of the Change

• The diff states that approximately 8,051 words were removed from the document.
• No replacement text or details of the deleted provisions are provided.
• Because the deleted text is unavailable, it is not possible to determine precisely which rights, obligations, limitations, or protections have changed.

Key Risks

Customer Data and AI Training

• The available diff does not identify whether customer data may now be used to train, fine-tune, evaluate, or improve AI models.
• However, deleting approximately 8,051 words could have removed important restrictions or safeguards concerning:
• Use of customer content or personal data for model training;
• Whether data is used for service improvement or product development;
• Opt-in, opt-out, or consent requirements;
• Anonymization, de-identification, or aggregation;
• Human review or access to customer data;
• Retention and deletion of data used in AI systems;
• Ownership of inputs, outputs, and derived data;
• Confidentiality and restrictions on secondary use; and
• Whether the provider may combine customer data with data from other customers.

Important: The diff does not establish that AI-training rights were added, removed, or expanded. The underlying deleted language must be reviewed to determine the actual effect.

Other Potentially Affected Provisions

The deletion may also have removed or narrowed provisions relating to:

• Data protection and security obligations;
• Confidentiality;
• Intellectual-property ownership and licensing;
• Service levels, warranties, and disclaimers;
• Indemnification;
• Liability caps and exclusions;
• Audit, compliance, and regulatory obligations;
• Termination and data-return or deletion rights;
• Subprocessors and international data transfers; and
• Dispute resolution and governing law.

Recommended Review

Obtain the prior and revised full documents, or at least the 8,051 deleted words, and compare provisions specifically addressing:

1. “Customer Data,” “Content,” “Inputs,” and “Outputs”;

2. AI, machine learning, model training, model improvement, or product improvement;

3. Data retention, deletion, anonymization, and subprocessors;

4. Confidentiality and intellectual-property licenses; and

5. Liability, indemnity, and regulatory compliance.

Until that comparison is available, the principal conclusion is that the amendment creates substantial uncertainty and may have removed material customer protections, including potentially important limits on the use of customer data for AI purposes.