Volusion

Summary of Important Changes and Risks

Overall Change

The diff appears to replace or restore a substantially complete version of Volusion’s Terms of Service, including detailed provisions on accounts, content, payment, suspension, liability, termination, and third-party services. Because the prior text is largely absent or replaced by the new text, the practical effect is potentially a wholesale update of the governing contract, rather than a narrow amendment.

Customer Data and AI Training

• No express AI-training authorization appears in the new Terms. The Terms do not specifically state that Volusion may use Customer data, Customer Content, End User data, or personal information to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.
• Section 4 grants Volusion a worldwide, royalty-free, non-exclusive license to “host and use” Customer Content in order to provide the Services. This is not expressly a training right, but the word “use” could be interpreted broadly. Customers should confirm through the Privacy Policy or other incorporated policies whether “providing Services” includes AI development, analytics, model training, or product improvement.
• Section 10 gives Volusion a very broad, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use Customer Feedback for any purpose, including commercial purposes, without compensation. Feedback could potentially include ideas, prompts, suggestions, or operational information, but the clause does not expressly address AI training.
• The confidentiality clause excludes information required by law to be disclosed and permits access to Customer accounts, sites, and content for investigations and service performance. It does not expressly restrict use of data for de-identified or aggregated model training.
• The Terms incorporate the Privacy Policy, which may contain the operative data-use and AI provisions. That policy should be reviewed together with these Terms.

Other Significant Legal Risks

• Unilateral amendments: Volusion may change the Agreement at its discretion, with changes effective upon email, acceptance, or continued use.
• Broad suspension and termination rights: Services may be suspended or terminated without notice for suspected violations, security events, legal requirements, or protection of other customers.
• Customer responsibility: The Customer remains responsible for all Content, Sites, End Users, legal compliance, privacy notices, and obtaining required consent for Volusion and third-party access to personal information.
• Data-loss risk: Volusion disclaims archival duties and liability for lost or unrecoverable Content; the Customer must maintain backups.
• Third-party sharing: Volusion may provide personal information to partners. Shippo is specifically identified as receiving certain personally identifiable information under the Privacy Policy.
• Payment exposure: Automatic renewals, immediate price changes, no-refund language, late charges, collection costs, and continued billing after card expiration create substantial payment obligations.
• Strong liability protections: Broad warranty disclaimers, exclusion of consequential damages, a sole remedy of stopping use, and a broad release materially limit Customer remedies.
• Dispute restrictions: Texas governing law, exclusive Texas courts, jury-trial waiver, and class-action/class-arbitration waiver increase litigation burdens for Customers.
• Exit risk: Upon termination, Sites go offline and Volusion has no obligation to transfer Content or Sites to another provider.

Key Changes and Risks

1. Scope and Definitions of Personal Information

• The policy now expressly covers information shared through both Volusion’s website and its Services.
• The definition of Personally Identifiable Information (PII) is more detailed and expressly includes:
• Names, company information, email addresses, phone numbers, billing and shipping addresses;
• Volusion user IDs and passwords;
• Credit-card information; account preferences; and IP addresses.
• “Anonymous Information” is defined as data that is not linked to PII and does not, by itself, identify an individual.

Risk: The expanded definitions make clear that operational and account data—not just contact details—falls within the policy’s use and disclosure provisions.

2. Broader Consent and Collection Language

• The prior language focused on information provided on the website and in connection with service performance.
• The revised policy states that submitting Personal Information through the website or otherwise described in the policy constitutes consent to its collection, use, and disclosure.
• Even non-customers are deemed to consent by visiting the website.

Risk: Consent is framed broadly and may be treated as implied through website use or submission of data, rather than requiring a specific opt-in. This may be insufficient in jurisdictions requiring granular consent for certain processing activities.

3. Expanded Disclosure to Third Parties

The previous policy generally stated that Volusion would not sell, rent, or trade PII and described relatively limited exceptions. The revised policy permits disclosure:

• As necessary to provide Services;
• In aggregated form;
• To comply with law or based on a good-faith belief that disclosure is necessary;
• To auditors;
• In connection with mergers, acquisitions, bankruptcy, or asset sales;
• To protect Volusion, users, or others;
• For fraud prevention and risk reduction;
• To third parties supporting shipping, order fulfillment, payment processing, monitoring, testing, support, surveys, email administration, and marketing.

The revised language also says third parties may use information under their own privacy policies, while Volusion will require confidentiality and purpose restrictions by contract.

Risk: The permitted disclosure purposes are materially broader, and third-party privacy protections may differ from Volusion’s. “Marketing,” monitoring, and analytics-related activities could allow substantial secondary use.

4. Customer Data Used to Train AI Models

• No express provision was identified that authorizes or prohibits using customer data, Personal Information, customer content, transaction data, or usage data to train, fine-tune, or evaluate AI or machine-learning models.
• The policy’s broad “Services,” analytics, testing, monitoring, support, marketing, and aggregated-information language could potentially be argued to cover some model-development activities, but it does not say so clearly.

Risk: The absence of an explicit AI-training clause creates uncertainty. Customers should seek clarification on whether their data—or their customers’ data—may be used for AI training, whether data is de-identified, whether opt-out rights exist, and whether third-party AI providers receive the data.

5. Other Changes

• A privacy contact email is added: privacy@volusion.com.
• Cookie language is expanded to describe cookies’ use for remembering preferences and understanding website navigation.
• The diff contains substantial website code, marketing content, and apparent formatting noise; those items do not appear to create contractual rights by themselves.

Overall Assessment

The revision broadens the categories of covered information, consent language, and permitted disclosures, particularly to service providers and marketing-related third parties. The most important unresolved issue is the lack of a clear contractual position on AI-model training and related secondary uses.

Summary of the Diff

Key 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.

AI Training and Customer Data

• It is not possible to determine from this diff whether the agreement now permits, restricts, or prohibits using customer data to train AI models.
• Any provisions addressing the following may have been deleted, but cannot be confirmed:
• Use of customer data for training, fine-tuning, or evaluating AI or machine-learning models.
• Whether customer data may be used to improve products or services.
• Whether data is anonymized, aggregated, or de-identified before use.
• Whether customer content is retained after termination.
• Whether human reviewers or third-party AI providers may access customer data.
• Ownership of inputs, outputs, models, and derived data.
• Opt-out rights, consent requirements, or restrictions on sensitive/personal data.
• Security, confidentiality, and deletion obligations applicable to AI systems.

Legal and Commercial Risks

A wholesale deletion of approximately 8,051 words creates potentially significant uncertainty, including:

• Unclear data-use rights: The agreement may no longer clearly define permitted uses of customer data.
• Loss of protections: Deleted confidentiality, security, privacy, data-processing, or deletion obligations may reduce customer protections.
• Changed liability allocation: Indemnities, warranties, limitations of liability, or remedies may have been removed.
• Regulatory exposure: Missing provisions could affect compliance with privacy and AI-related laws, especially where personal, confidential, regulated, or sensitive data is processed.
• Interpretation risk: Remaining provisions may be read without important qualifications or exceptions contained in the deleted text.
• Operational uncertainty: The parties may lack clear rules concerning retention, subprocessors, audits, breach response, and termination.

Recommended Review

To assess the actual legal impact, compare the complete prior and revised versions and specifically search for terms such as:

train, training, machine learning, AI, artificial intelligence, model, improve, customer data, customer content, personal data, de-identify, aggregate, retain, delete, subprocessor, and opt out.

Until the deleted provisions are reviewed, it should not be assumed that customer data is protected from AI training or product-improvement use.

Summary

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

> “Added approximately 609 words to the document”

As a result, it is not possible to identify the legal changes, new obligations, or revised rights with confidence.

AI Training and Customer Data

No provisions concerning AI, machine learning, model training, data use, data retention, or customer-content rights are included in the supplied material. Therefore, I cannot determine whether the new language:

• Permits the provider to use customer data or content to train AI models;
• Limits training to aggregated, de-identified, or anonymized data;
• Requires customer consent or provides an opt-out;
• Allows use of customer data to improve products or services;
• Permits sharing of customer data with affiliates, vendors, or AI providers;
• Grants the provider ownership or broad licensing rights over customer inputs or outputs; or
• Imposes confidentiality, deletion, security, or data-retention protections.

Risk Assessment

Because the 609 added words are not provided, the principal risks cannot be assessed. In particular, it is not possible to determine whether the additions:

• Expand the provider’s license to customer data;
• Override confidentiality or privacy restrictions;
• Create additional customer indemnity obligations;
• Limit the provider’s liability for AI-generated results or data misuse;
• Change compliance obligations under privacy or sector-specific laws; or
• Make previously optional data uses mandatory.

Information Needed

Please provide the actual added and deleted contract language, including the text represented by the braces and brackets. The AI-related provisions should be reviewed for:

1. Permitted data uses — especially training, fine-tuning, evaluation, and product improvement.

2. Scope of data — whether “customer data” includes prompts, outputs, uploaded files, personal information, or metadata.

3. Consent and controls — opt-in/opt-out rights and administrative settings.

4. De-identification — whether it is required and how it is defined.

5. Third-party access — use of subprocessors or external AI model providers.

6. Ownership and license terms — rights in inputs, outputs, and derived data.

7. Retention and deletion — whether data remains in training datasets or model weights.

8. Confidentiality, security, and liability — protections and remedies for misuse.

Summary of Important Changes

1. Major expansion and consolidation of the Terms

The revised text adds what appears to be the complete Terms of Service, including provisions on accounts, services, content, fees, termination, liability, dispute resolution, third-party services, and incorporated policies. It also states that these Terms supersede prior agreements and may be amended through email notice, electronic acceptance, or continued use.

Risk: Customers may be bound by a substantially broader contractual framework and by policies incorporated by reference, including the Privacy Policy, Acceptable Use Policy, DMCA policy, Subpoena Policy, and other service-specific terms.

2. Customer data and content rights

The Terms provide that:

• Customer and end-user content may be uploaded, stored, transmitted, published, and managed through the Services.
• The customer grants Volusion a worldwide, royalty-free, non-exclusive license to host and use the content “in order to provide the Services.”
• Volusion may access accounts, sites, and content to investigate complaints, abuse, or other issues and to perform the Services.
• Volusion may disclose confidential information when required to provide the Services, under the Terms, Privacy Policy, or applicable law.
• Customer content may be transferred unencrypted over networks, except payment-card data, which is stated to be encrypted in transit.
• Customers remain responsible for data security, backups, legal compliance, and obtaining end-user consent for Volusion’s and third parties’ access to personal information.

Risk: The license is broad geographically and financially, and the customer bears significant responsibility for security, backups, privacy compliance, and consent. Volusion disclaims responsibility for lost or unrecoverable content.

3. AI-model training

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

The license to use content is expressly limited on its face to use “in order to provide the Services.” That language does not clearly authorize generalized AI training, model development, or use of customer content for unrelated commercial purposes. However, the Terms also incorporate the Privacy Policy and permit use or disclosure as described there.

Key uncertainty/risk: Whether customer data may be used for AI training depends on the Privacy Policy, product-specific terms, and potentially broad interpretations of “provide the Services.” Customers should seek clarification or a written restriction expressly stating that their data and end-user data will not be used for AI training without prior consent.

4. Third-party sharing and access

The Terms state that Volusion may provide personal information to partners and will share certain personally identifiable information with Shippo when shipping services are used, subject to the Privacy Policy.

Risk: Data may be shared with service providers and partners under terms not fully reproduced here. Customers must review the Privacy Policy and third-party terms.

5. Increased operational and financial exposure

The revision adds or confirms:

• Automatic renewal and recurring billing.
• Immediate effectiveness of online price and payment-term changes.
• No-refund provisions.
• Broad suspension and termination rights, including without notice.
• Customer indemnification for content, end-user claims, legal violations, and taxes.
• Broad warranty disclaimers and liability limitations.
• Texas governing law, exclusive Texas forums, jury-trial waiver, and class-action waiver.
• No obligation to transfer customer content when services end.

6. Apparent drafting/formatting issues

The text includes apparent errors such as “Terms of Service These,” “use use,” “PCIO,” and inconsistent spacing or navigation text. These may create ambiguity and should be corrected in the operative version.

Summary

Key Limitation

The provided diff states only:

> “Added approximately 609 words to the document”

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

• What contractual terms changed;
• Whether customer rights or provider obligations were expanded or reduced;
• Whether liability, confidentiality, security, termination, or payment terms changed; or
• Whether the customer’s data may be used to train, improve, or evaluate AI models.

AI Training and Data-Use Analysis

No substantive language concerning AI, machine learning, model training, data usage, prompts, outputs, service improvement, or data retention is included in the supplied diff.

Accordingly, there is insufficient information to determine whether the new terms:

• Permit the provider to use customer data to train general-purpose or product-specific AI models;
• Allow human review or labeling of customer data;
• Use customer inputs, outputs, metadata, or telemetry for model improvement;
• Apply data-use permissions by default or only with customer consent;
• Exclude confidential information, personal data, or regulated data from training;
• Require anonymization, aggregation, or de-identification;
• Give the customer an opt-out or deletion right; or
• Allow third-party vendors or affiliates to use the data.

Risk Assessment

The addition of approximately 609 words may contain material legal changes, but no risks can be assessed reliably without the actual text. In particular, the absence of the text means it is impossible to determine whether any AI-training permission is:

• Broad or limited;
• Optional or mandatory;
• Reversible or permanent;
• Restricted to the term of the agreement or continuing afterward; or
• Consistent with the confidentiality, privacy, and security provisions elsewhere in the contract.

Information Needed

Please provide the full redline showing the language in the format described—for example:

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

The actual text is necessary for a meaningful legal-risk and AI-data-use analysis.

Summary

The diff states only that approximately 8,051 words were removed from the document. The actual deleted language is not provided, so it is not possible to determine which legal rights, obligations, limitations, or protections were removed.

Key Risks

• Substantial loss of contractual protections: The deletion may have removed provisions addressing liability, warranties, indemnities, confidentiality, security, data processing, intellectual property, termination, dispute resolution, or governing law.
• Unclear remaining obligations: Without the deleted text, it is impossible to determine whether important customer or provider obligations have been narrowed, eliminated, or left inconsistent with the rest of the agreement.
• Potential unintended gaps: Removing a large portion of the document can create ambiguity or conflicts among the remaining provisions, particularly if defined terms or cross-references were deleted.
• Risk allocation may have changed: Deleted limitations of liability, disclaimers, service commitments, audit rights, or indemnities could materially shift risk to the customer.

AI Training and Customer Data

No specific language concerning AI models or the use of customer data is included in the diff. Accordingly, it cannot be determined whether the deletion:

• Removes a prohibition or restriction on using customer data to train AI models;
• Removes customer consent requirements for such training;
• Eliminates opt-out rights;
• Expands or narrows rights to use prompts, inputs, outputs, account data, or usage data;
• Changes whether data is used for model improvement, product development, or automated systems;
• Removes confidentiality, de-identification, retention, or deletion protections; or
• Changes ownership or licensing rights relating to customer data or AI outputs.

Recommended Review

The complete deleted text should be obtained and compared with the revised document. Particular attention should be given to any removed provisions containing terms such as “train,” “training,” “improve,” “model,” “AI,” “machine learning,” “inputs,” “content,” “customer data,” “service data,” “de-identified,” “aggregate,” “opt out,” or “consent.” Until that comparison is available, the effect of the change—and especially its impact on AI training and customer-data use—should be treated as undetermined and potentially material.

Summary

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

> “Added approximately 8051 words to the document”

Accordingly, it is not possible to determine what terms were added, deleted, or replaced, or to assess the legal impact of those changes.

AI Training and Customer Data

No language addressing the following is included in the provided diff:

• Whether customer data may be used to train, fine-tune, or improve AI models
• Whether customer data is used for product development or analytics
• Whether inputs, outputs, prompts, or usage data are retained
• Whether data is shared with model providers or other third parties
• Whether the customer can opt out of AI training
• Whether de-identification or aggregation is required
• Ownership or licensing of customer data and AI-generated outputs
• Security, confidentiality, or deletion obligations relating to training data

Therefore, no conclusion can be reached about changes to AI-model training rights or related risks.

Key Limitation

Because the substantive additions and deletions are not shown, the following risks cannot be evaluated:

• Expansion of the provider’s data-use rights
• New licenses or rights to access, reproduce, modify, or commercialize customer content
• Changes to confidentiality or data-security obligations
• New data-retention or deletion periods
• Broader disclosures to affiliates, vendors, or third parties
• Changes to liability, indemnification, warranties, or regulatory compliance
• Changes to termination rights or post-termination data handling

Required Information

Please provide the actual redlined text, including the approximately 8,051 added words and any marked deletions or replacements. Without that text, a substantive legal comparison is not possible.

Summary of Important Changes

Executive overview

The diff appears to remove the substantive Terms of Service text and retain only limited fragments of website navigation and formatting. The visible additions are largely editorial or navigational. No new substantive customer rights, obligations, pricing terms, liability provisions, or data-use provisions are shown in the additions.

Because the diff displays nearly the entire prior Terms of Service as deleted, it is important to confirm whether this reflects an actual deletion from the published agreement or merely a faulty diff/export.

Data use and AI training

• No express AI-training provision is added.
• The visible text does not add language permitting Volusion to use Customer Content, personal information, transaction data, analytics, prompts, outputs, or other customer data to train, fine-tune, validate, or improve artificial-intelligence or machine-learning models.
• The visible prior terms contained a limited license allowing Volusion to host and use Customer Content “in order to provide the Services.” That language is shown within the deleted material, but no replacement language is provided in the additions.
• The deleted text also stated that Volusion may access accounts, sites, and content to investigate complaints, allegations of abuse, and perform the Services. No expanded AI-related access or use is visible.
• The Privacy Policy is incorporated by reference. Any AI-training permissions may therefore appear there rather than in these Terms, and should be reviewed separately.

Visible textual changes

• Website navigation and footer material has been reorganized or removed, including links to policies and service pages.
• The phrase “Terms of Service” appears to be corrected or reformatted from a malformed version: Terms of [Service These]{ServiceThese}.
• The notice provision appears to correct formatting and presentation of the legal-contact details, including the addition or relocation of “Attn: Legal Department.”
• The visible additions do not materially change the legal effect of the notice provision.

Potential risks and follow-up points

1. Possible removal of contractual protections and obligations: If the deletion is substantive, provisions concerning payment, suspension, termination, indemnification, liability limits, governing law, confidentiality, data security, and content licensing may no longer apply unless incorporated elsewhere.

2. Unclear governing document: The diff does not show a complete replacement agreement. Customers should obtain the full revised Terms of Service before relying on the change.

3. AI/data uncertainty: Although no AI-training authorization appears here, incorporated documents—especially the Privacy Policy, AUP, product-specific terms, and any AI-feature terms—could contain relevant permissions.

4. Document-control concern: The unusual formatting and wholesale deletion suggest the diff may be technically incomplete or generated from a webpage scrape rather than a clean legal redline.

Structured Summary of Important Changes

1. Document and presentation changes

• The page appears to be renamed/reorganized from “Terms of Service Privacy Policy” to “Volusion Privacy Policy.”
• The diff contains substantial website code, scripts, CSS, navigation text, and apparently corrupted or duplicated content. Some changes may reflect a webpage rebuild rather than deliberate legal amendments.
• The policy now expressly states that its plain-language summaries are for convenience only and are not legally binding. The detailed policy controls.
• The policy is stated to be effective as of the date specified in the policy, although the actual date is not clear from this diff.

2. Personal Information definitions

• The definition of Personally Identifiable Information (PII) appears to broaden or clarify the scope of covered information.
• Previously, “Anonymous Information” was described as information not linked to PII and not independently identifying an individual. The revised language more clearly distinguishes anonymous information from PII and lists examples such as:
• Name, company, email, phone number, billing and shipping address
• Volusion user ID and password
• Credit-card information
• Account preferences
• IP address
• The revised wording may capture more information as PII because it focuses on whether information can be used to identify a person, rather than whether it is currently linked to identifying information.

3. Collection and use of data

• The policy now more expressly covers information provided through the website and as part of Volusion’s Services.
• It states that submitting Personal Information through the website or using the site—even if the person is not a customer—constitutes consent to collection, use, and disclosure consistent with the Privacy Policy.
• The stated purposes include performing Services, providing support, fraud prevention, quality assurance, testing, surveys, email administration, marketing, and advertising.

Risk: The consent language is broad and may treat website use or submission of information as consent without requiring a separate affirmative consent mechanism. Whether this is sufficient depends on applicable privacy and e-privacy laws.

4. Sharing with third parties

• The revised exceptions to the “do not sell, rent, or trade” statement are more detailed and broader. Permitted disclosures include:
• Providing Services
• Aggregate/statistical uses
• Legal compliance and good-faith protection of rights or safety
• Auditors
• Mergers, acquisitions, bankruptcy, or asset sales
• Fraud protection and risk reduction
• Other purposes described in the Privacy Policy or to which the user has consented
• Volusion may share Personal Information with partners when users purchase, use, or express interest in partner products or services.
• Third parties may support shipping, order fulfillment, payments, monitoring, fraud prevention, testing, support, surveys, and email administration.
• Volusion states it will require contractual confidentiality and data-protection obligations, but also says it does not control third parties’ use of data and that their privacy policies may provide weaker protections.

Risk: Third-party sharing is operationally broad, and users may have limited visibility into the recipients and their safeguards.

5. AI-model training

• No express provision concerning artificial intelligence, machine learning, generative AI, model training, fine-tuning, or use of customer data to train AI models appears in the supplied diff.
• Accordingly, this diff does not clearly authorize or prohibit using customer or end-customer data for AI training.
• However, the broad purposes—quality assurance, testing, analytics/statistical uses, service provision, and other purposes described in the policy—could create ambiguity if Volusion later uses data in AI-related systems.

Recommended clarification: Add an explicit provision stating whether customer data, Personal Information, de-identified data, prompts, outputs, or usage data may be used to train, improve, evaluate, or fine-tune AI models, including opt-out rights, retention limits, and restrictions on using customer or end-customer content.

Summary of Important Changes

Overall effect

The diff appears to add or restore a substantially complete version of Volusion’s Terms of Service, together with navigation, policy links, and company contact information. Because the prior text is not provided in a clean side-by-side form, it is difficult to determine which provisions are genuinely new versus relocated or reinserted. The following provisions are nevertheless significant from a customer-risk perspective.

Customer data and AI-model training

• No express authorization to train AI models identified. The added Terms do not expressly state that Volusion may use Customer Content, personal information, or End User data to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.
• Service-use license is broad but purpose-limited. Customer grants Volusion a worldwide, royalty-free, non-exclusive license to “host and use” Customer Content in order to provide the Services. This may permit operational uses such as hosting, security, troubleshooting, and service delivery, but does not clearly authorize general AI training.
• Feedback license is much broader. Feedback may be used, published, incorporated, and exploited “for any purpose whatsoever,” including commercial purposes, without compensation. If Customer submits prompts, examples, business information, or other data as “feedback,” Volusion could argue that this broad license covers that material. Customers should avoid including confidential or personal data in feedback.
• Confidentiality has service-related exceptions. Volusion states it will not intentionally disclose confidential information except as required to provide Services, under the Agreement, or the Privacy Policy. Staff may access Accounts, Sites, and Content to investigate complaints, abuse, or perform the Services. The Terms do not provide an AI-specific confidentiality or data-isolation commitment.
• Privacy details are incorporated by reference. Actual data-use permissions may appear in the separate Privacy Policy, which can be modified. That policy should be reviewed specifically for AI, analytics, de-identification, model training, vendors, and retention.

Other material risks

• Unilateral changes: Volusion may amend the Agreement; continued use after posting can constitute acceptance.
• Suspension and termination: Services may be suspended without notice for suspected violations, attacks, legal requirements, or perceived risks to other customers. Volusion may terminate for any reason, and sites may be taken offline.
• Data loss and portability: Volusion disclaims responsibility for lost or unrecoverable Content, requires Customer backups, and will not transfer Content or Sites to another provider after termination.
• Broad customer responsibility: Customer is responsible for Sites, End Users, legal compliance, privacy notices, and obtaining consent for Volusion and third-party access to personal information.
• Broad indemnity: Customer indemnifies Volusion for breaches, Content, End User claims, legal violations, intellectual-property claims, and taxes.
• Strong liability restrictions: Consequential and other damages are broadly excluded; the stated remedy for service or intellectual-property problems is cessation of use.
• Texas forum and jury waiver: Disputes must generally be brought in specified Texas courts, with jury trials and class or representative actions waived.
• Marketing rights: Customer grants Volusion a license to use its name and trademarks in marketing and directories during the Agreement term.

Summary of Important Changes

1. No Express AI-Training Authorization

• The diff does not add any express provision permitting Volusion to use Customer Content, Personal Information, End-User data, or store data to train, fine-tune, evaluate, or improve AI models.
• The existing Customer Content license remains limited to a worldwide, royalty-free, non-exclusive license to “host and use” the content to provide the Services.
• The confidentiality provision still states that Volusion will not intentionally disclose confidential information except as needed to provide the Services, as otherwise described in the Agreement or Privacy Policy.
• However, the Agreement incorporates the Privacy Policy and other policies by reference. Any AI-training rights could therefore appear outside this Terms of Service document, particularly in the Privacy Policy or service-specific terms. Those documents should be reviewed separately.

2. Broad Rights to Use Customer Feedback

The existing Feedback provision remains especially broad. Feedback may include ideas, opinions, recommendations, questions, or other information communicated through support, chat, forums, or other channels.

Customer grants Volusion a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and exploit Feedback for any commercial or noncommercial purpose, without compensation or acknowledgment.

Risk

Although Feedback is not expressly defined as Customer Content, information submitted through support or other channels could potentially include operational details, product information, or other sensitive material. The provision could also arguably permit Volusion to use Feedback in developing products, including AI-related products, even though it does not expressly mention AI training.

3. Volusion Access to Customer Data

The existing terms confirm that:

• Volusion staff may access the Customer’s Account, Sites, and Content to investigate complaints, abuse, or otherwise perform the Services.
• Customer Content may be transferred unencrypted over networks, except payment-card information, which is encrypted.
• Customer is responsible for the security, confidentiality, integrity, and backup of its Content.
• Volusion may remove or disconnect Content at its sole discretion if it considers the Content objectionable or inconsistent with the Agreement.

These provisions create operational, privacy, and data-security risks, but they do not themselves authorize general-purpose AI training.

4. Data Sharing With Partners

The terms state that Volusion may provide Customer’s personal information to partners as a condition of using the Services. The Shippo provisions also permit sharing certain personally identifiable information with Shippo in accordance with the Privacy Policy.

Customers should verify:

• Which partners receive data;
• Whether partners may use data for their own purposes;
• Whether data is used for analytics, profiling, or AI development; and
• Whether required customer and End-User consents are obtained.

5. Apparent Formatting and Drafting Changes

The visible additions and deletions appear largely related to website navigation, duplicated page content, and formatting. They introduce apparent typographical or drafting errors, including:

• “Terms of ServiceThese”;
• “2028E” instead of “2028 E”;
• “use use”;
• “describe” instead of “describes”; and
• “and/interacts.”

These errors may create ambiguity but do not appear to change the substantive allocation of rights or obligations.

Summary of Available Changes

Scope of the Diff

The supplied diff states only:

> “Added approximately 8051 words to the document”

No actual added, deleted, or replaced contract language was provided.

Legal and Commercial Impact

Because the underlying text is missing, it is not possible to determine:

• Which contractual provisions changed;
• Whether obligations, liability, payment terms, termination rights, confidentiality, security, or intellectual-property rights were modified;
• Whether new warranties, indemnities, audit rights, or regulatory obligations were added; or
• Whether the changes create new risks for the customer or provider.

The statement that approximately 8,051 words were added indicates a potentially substantial amendment, but it does not identify the subject matter or legal effect of those additions.

AI Training and Customer Data

The available diff contains no language addressing:

• Whether customer data may be used to train, fine-tune, or improve AI models;
• Whether prompts, inputs, outputs, telemetry, or usage data are retained;
• Whether data is anonymized, aggregated, or de-identified before use;
• Whether the provider may share data with affiliates, subprocessors, or third-party model providers;
• Whether the customer can opt out of AI training or withdraw consent;
• Ownership or licensing rights in customer data, prompts, outputs, or derived models;
• Security, confidentiality, or deletion requirements applicable to AI-related data; or
• Restrictions on using customer data to develop competing products or services.

Accordingly, no conclusion can be reached about changes to AI-training rights or related privacy and confidentiality risks.

Required Information

Please provide the actual redlined text or the full “before” and “after” versions of the agreement. Once supplied, the review should specifically compare:

1. Customer-data ownership and permitted uses;

2. AI training, model improvement, and opt-out provisions;

3. Data retention, deletion, and anonymization;

4. Subprocessors and third-party AI providers;

5. Confidentiality, security, and breach obligations;

6. Liability, indemnification, and regulatory allocation; and

7. Any provisions allowing use of data after termination.

Summary

Key Limitation

The supplied diff states only:

> “[Removed approximately 8051 words from the document]”

It does not identify which clauses were deleted or provide the replacement language. As a result, the legal and commercial impact cannot be reliably determined.

Potential Risks from the Deletions

Removing approximately 8,051 words could materially affect important provisions, including:

• Customer data rights and permitted uses
• Whether customer data may be used to train, fine-tune, test, or improve AI models
• Restrictions on using customer prompts, inputs, outputs, files, or personal data
• Data retention, deletion, and access controls
• Confidentiality and data-security obligations
• Intellectual-property ownership and licensing
• Warranties, disclaimers, indemnities, and liability limitations
• Regulatory compliance and data-processing terms
• Audit, suspension, termination, and breach-notification rights

AI-Training Issues Requiring Confirmation

The available diff does not show whether the deleted text:

• Prohibited or permitted training AI models on customer data;
• Distinguished between use for providing the service and use for generalized model training;
• Required customer consent or provided an opt-out;
• Limited training to de-identified, aggregated, or anonymized data;
• Addressed whether human reviewers or service providers could access data;
• Applied different rules to inputs, outputs, feedback, or uploaded content; or
• Required deletion of customer data from training datasets or model weights after termination.

Any deletion of restrictions on AI training could significantly expand the provider’s rights to use customer data. Conversely, deletion of a provider authorization could limit existing model-improvement rights.

Conclusion

No definitive legal change can be identified from the supplied information alone. The complete redline—or at least the deleted and replacement clauses—should be reviewed before accepting the amendment. Particular attention should be given to any deleted provisions concerning AI training, model improvement, confidentiality, data retention, intellectual property, and liability.

Key Changes and Legal Risks

1. No Express AI-Training Provision

• The added text does not expressly state whether Customer data, Your Content, or End User data may be used to train, fine-tune, evaluate, or improve artificial-intelligence models.
• There is no clear:
• Opt-in or opt-out mechanism for AI training;
• limitation to de-identified or aggregated data;
• prohibition on using confidential information or personal data for model training;
• retention/deletion commitment for data used in AI systems; or
• restriction against using Customer data to train models for other customers or competitors.
• This silence creates uncertainty. The provider may argue that AI-related processing is covered by the broad license to “host and use” Content “in order to provide the Services,” the Privacy Policy, or the broad feedback license. However, the wording does not clearly authorize general-purpose AI training.
• Customers handling sensitive, confidential, regulated, or personal data should request written clarification and review the incorporated Privacy Policy and any separate AI or data-processing terms.

2. Customer Content License

The new Section 4 grants Volusion a worldwide, royalty-free, non-exclusive license to host and use Customer Content “in order to provide the Services.”

Risk: Although apparently service-limited, “use” is undefined. It could potentially cover analytics, security, product improvement, automated processing, or AI functionality. The clause should expressly exclude model training unless separately authorized.

Volusion also disclaims ownership of Customer Content, but makes the Customer responsible for security, confidentiality, integrity, backups, and losses.

3. Broad Feedback Rights

Section 10 gives Volusion a perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and exploit Customer feedback for any purpose, commercial or otherwise, without compensation.

Risk: If feedback includes prompts, examples, business strategies, or other substantive data, this clause is much broader than the Customer Content license and could arguably permit use in product development or AI training. Customers should avoid submitting confidential information in feedback or seek an express exclusion for Customer data and model training.

4. Data Access and Disclosure

• Volusion may provide personal information to partners as a condition of using Purchased Services.
• Staff may access Accounts, Sites, and Content to investigate complaints, abuse, or perform Services.
• Shippo may receive certain personally identifiable information under the Privacy Policy.
• Content may be transferred unencrypted over networks, except payment-card data.

These provisions increase third-party access and data-security risks, particularly because the substantive limits are primarily deferred to the Privacy Policy.

5. Unilateral Changes and Operational Remedies

Volusion may change the Agreement, AUP, prices, payment terms, and security settings with limited notice. It may suspend, throttle, quarantine, terminate, or take Sites offline broadly and without liability.

6. Liability and Exit Risks

• Extensive warranty disclaimers and exclusions of consequential, incidental, data-loss, and business-interruption damages.
• Sole remedy for service problems is stopping use.
• No refunds generally.
• Customer must migrate Content independently; Volusion promises no transfer assistance.

Bottom line: The most important AI-related issue is not a new affirmative training right, but the absence of a clear restriction. The agreement should expressly address AI use, confidentiality, personal data, de-identification, retention, and opt-out rights.

Summary of the Diff

Scope of Change

The diff states only:

> [Removed approximately 8,051 words from the document]

No text showing the deleted provisions or the remaining agreement has been provided.

Key Legal Implications

Removing approximately 8,051 words is potentially a material amendment, but its effect cannot be determined without seeing the deleted language. The removed provisions could have addressed important matters such as:

• Data ownership and permitted data uses
• Confidentiality and security obligations
• Artificial intelligence and machine-learning activities
• Intellectual-property rights
• Liability limitations and indemnities
• Warranties and service levels
• Termination and data deletion
• Audit rights and regulatory compliance
• Payment terms or renewal provisions
• Governing law and dispute resolution

The deletion may eliminate customer protections, create ambiguity, or unintentionally remove obligations that were previously binding.

AI Training and Customer Data

The supplied diff does not identify whether any language concerning AI training or model development was added, removed, or changed.

In particular, it is not possible to determine whether the revised document:

• Permits the provider to use customer data, prompts, inputs, outputs, or usage data to train or improve AI models;
• Restricts such use to de-identified, aggregated, or anonymized data;
• Requires the customer’s consent or provides an opt-out;
• Allows human review of customer data for model improvement;
• Permits retention of data after termination for training purposes;
• Gives the provider rights to use customer content to create derivative models or other products; or
• Prohibits the provider from using customer data for training.

Risk Assessment

Because the deleted text is not included, the principal risk is loss of visibility into potentially important contractual protections or permissions. The deletion should not be accepted for legal review without a redline showing the actual removed provisions or a comparison against the prior version.

Recommended Next Step

Obtain:

1. The prior and revised complete agreements; and

2. A redline displaying the 8,051 deleted words.

The AI/data-use provisions should then be reviewed specifically for express permission to train models, the scope of permitted data, opt-out rights, de-identification requirements, retention, and post-termination use.

Summary of Important Changes

Overall Change

• The diff adds a substantially complete version of Volusion’s Terms of Service, including provisions on accounts, services, customer content, third-party services, fees, liability, termination, and additional service terms.
• Because much of the operative contract appears as newly added text, the additions should be treated as potentially new or newly published contractual obligations unless they existed elsewhere in the prior version.

Customer Data and AI Model Training

• No express provision authorizes or prohibits using Customer data, Content, or End User data to train artificial-intelligence or machine-learning models.
• The Terms grant Volusion a worldwide, royalty-free, non-exclusive license to host and use “Your Content” only “in order to provide the Services.” This language does not expressly permit general AI training, product development, or model improvement, but its scope could be disputed depending on how AI functionality is characterized as part of the Services.
• “Your Content” includes data uploaded, transmitted, published, shared, stored, or managed by the Customer and its End Users. The Customer remains responsible for securing that content and obtaining required consents from its customers for Volusion and third parties to use and access personal information.
• Volusion may access Customer accounts, sites, and content to investigate complaints, abuse, or perform the Services.
• The confidentiality provision permits disclosure where required to provide the Services or as described in the Terms or Privacy Policy. This creates potential additional data-use rights through the Privacy Policy, which should be reviewed together with these Terms.
• Risk: If Volusion uses Customer data for AI training, the current Terms do not clearly explain whether such use is allowed, whether data is de-identified, whether Customer data is excluded from training, or whether Customers can opt out.

Other Material Risks

Broad Suspension and Termination Rights

• Volusion may refuse, modify, suspend, quarantine, throttle, or terminate Services, sites, accounts, or content for broad reasons, including suspected violations, security concerns, attacks, legal requirements, or protection of other customers.
• Volusion may terminate the Agreement at any time and for any reason, potentially without notice.
• Customers generally receive no refunds and remain responsible for fees through the end of an unexpired subscription term.

Customer Responsibility and Indemnity

• Customers bear responsibility for their sites, content, End Users, legal compliance, privacy notices, accessibility, intellectual property, taxes, and payment processing.
• The indemnity is broad and covers claims involving Customer content, site design, End Users, legal violations, intellectual property, and taxes, including legal fees.

Liability and Dispute Restrictions

• Volusion broadly disclaims warranties and consequential, indirect, special, incidental, and punitive damages.
• The Terms contain a broad release, require disputes to be brought in Texas courts, waive jury trials, and prohibit class, representative, and consolidated actions.

Data Security and Retention

• Customers are responsible for backups; Volusion’s servers are not an archive.
• Content may be transferred unencrypted, except payment-card data.
• Volusion may provide personal information to partners and share certain personally identifiable information with Shippo under the Privacy Policy.

Drafting and Publication Issues

• The diff contains apparent formatting and proofreading errors, including “Terms of Service These,” “®authority,” “use use,” “PCIO,” and inconsistent capitalization.
• The notice address appears corrected or clarified to use legal@volusion.com.

Diff Analysis

Scope of the Diff

The diff only states:

> “Added approximately 608 words to the document”

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

Customer Data and AI Training

No conclusions can be drawn about whether the document now permits, restricts, or otherwise addresses the use of customer data to train AI models.

The missing language could potentially address issues such as:

• Whether customer data may be used to train, fine-tune, test, or improve AI models;
• Whether usage is limited to de-identified, aggregated, or anonymized data;
• Whether human reviewers or service providers may access the data;
• Whether data may be retained after termination;
• Whether customer data may be combined with other customers’ data;
• Whether the provider receives ownership or a broad license to use customer data;
• Whether the customer can opt out or revoke permission; and
• Whether the provider must impose equivalent restrictions on subcontractors or AI vendors.

Other Legal Risks

The actual additions are necessary to assess potential changes concerning:

• Data ownership and intellectual-property rights;
• Confidentiality obligations;
• Privacy and data-protection compliance;
• Security commitments and breach notification;
• Data retention and deletion;
• Use of subprocessors;
• Indemnification and liability limitations;
• Warranties and disclaimers;
• Audit or transparency rights; and
• Termination consequences.

Conclusion

This diff is insufficient for legal analysis because it provides only a word-count description, not the changed contractual language. The approximately 608 new words should be supplied, preferably with the original markup showing additions, deletions, and replacements.

Privacy Policy Diff Summary

Executive overview

The diff appears heavily corrupted by website markup, scripts, CSS, and repeated text. It is not a clean legal redline, so the exact final wording should be verified against the rendered Privacy Policy or source document. Based on the discernible changes, the policy has been substantially reorganized and broadens or clarifies several data-use and disclosure permissions.

Important changes

1. Broader definition of personal information

• Personally Identifiable Information (PII) is now defined as information that “can be used to identify You as an individual.”
• The prior definition focused on information that was linked to an individual and listed examples such as name, email, address, account credentials, payment information, preferences, and IP address.
• The revised language expressly includes both:
• Personally Identifiable Information; and
• “Anonymous Information” that is not linked to PII and does not itself permit identification.

Risk: The revised wording may capture a broader range of customer, visitor, and user data, particularly data that can be combined with other information to identify someone.

2. Expanded scope of collection and use

The policy now more clearly covers information provided:

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

It also states that submitting information or visiting the Site constitutes consent to collection, use, and disclosure in accordance with the policy.

Risk: Website visitors and users may be deemed to consent even without becoming customers. The consent language may be insufficient in jurisdictions requiring specific, affirmative consent for certain processing activities.

3. Expanded permitted disclosures to third parties

The former language emphasized that Volusion did not sell, rent, or trade PII and generally limited third-party use to requested services. The revised exceptions expressly permit disclosure:

• To provide Services;
• In aggregate/statistical form;
• To comply with law or based on a good-faith legal necessity;
• To auditors;
• In mergers, acquisitions, bankruptcy, or asset sales;
• To enforce the Terms of Service;
• To protect Volusion, users, or others;
• For fraud prevention and risk reduction; and
• As otherwise described in the Privacy Policy or where the user has consented.

The policy also permits third parties to support shipping, payments, monitoring, fraud prevention, testing, support, surveys, and email administration.

Risk: The new exceptions are broader and less narrowly tied to service delivery. Third-party privacy protections may be weaker than Volusion’s, and Volusion disclaims control over third-party use under their own policies.

4. Reduced practical control over partner sharing

The revised policy states that Volusion will require confidentiality and data-protection terms from third parties, but it no longer clearly promises that Volusion will control or ensure compliance with those parties’ privacy practices.

Users who object to partner sharing may have to avoid purchasing or expressing interest in partner products or services.

Risk: This makes opting out commercially burdensome and may permit sharing based on service engagement rather than a separate consent process.

AI-model training

No express change concerning the use of customer data to train, fine-tune, evaluate, or improve AI models is identifiable in the supplied diff. There is no clear AI-training permission, prohibition, opt-out, retention rule, or statement that customer content will or will not be used for model training.

However, the broad permissions to use information for providing, improving, testing, monitoring, analytics, and related service purposes could potentially be argued to cover AI development unless another agreement limits those uses. This should be confirmed in the complete Terms of Service, Data Processing Addendum, and any AI-specific terms.

Summary

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

> “Added approximately 608 words to the document”

Accordingly, it is not possible to identify:

• New or changed legal obligations
• Allocation of liability or indemnification
• Changes to confidentiality, security, or privacy terms
• Customer consent requirements
• Rights to use customer data
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Opt-out, deletion, retention, or data-isolation rights
• Changes to intellectual-property ownership or licensing

AI Training and Customer Data

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

• “train,” “fine-tune,” “improve,” “develop,” or “enhance” models or services
• “customer data,” “content,” “inputs,” “outputs,” “usage data,” or “telemetry”
• Rights granted to use data on an aggregated, de-identified, or identifiable basis
• Whether use is automatic or requires the customer’s consent
• Whether the customer can opt out
• Whether data is retained after termination
• Whether data may be shared with affiliates, vendors, or third-party model providers

Required Information

Please provide the actual 608 words added to the agreement, preferably with the deletion and replacement markings preserved. The legal and commercial risks can then be analyzed accurately.

Structured Summary of Important Changes

1. Scope of the Diff

The diff appears to remove a very large portion of the prior Terms of Service, including provisions on accounts, services, customer content, confidentiality, fees, liability, termination, and third-party services. However, the replacement text is not shown in a complete or clearly readable form. As a result, it is not possible to determine whether those provisions were substantively changed, relocated, or merely omitted because of formatting or diff-generation issues.

The apparent additions are primarily website-navigation text and formatting corrections, rather than complete replacement clauses.

2. Data Use and AI Model Training

No express AI-training language identified

The diff does not visibly add language expressly authorizing Volusion to:

• Use Customer Content to train, fine-tune, or improve artificial-intelligence models;
• Use personal information or End User data for AI training;
• Share Customer Content with AI providers for model development;
• Create derived data, embeddings, or model outputs from Customer Content; or
• Opt customers in or out of AI-related processing.

The visible prior language states that Customer grants Volusion a worldwide, royalty-free, non-exclusive license to host and use Customer Content “in order to provide the Services.” It also permits staff access to accounts, sites, and content to investigate complaints, abuse, and perform the Services. Those provisions could potentially cover certain automated processing needed to operate the platform, but they do not expressly authorize general AI-model training.

Important uncertainty

Because much of the prior agreement is shown as deleted without a complete replacement, the diff may be incomplete. The missing replacement text should be reviewed specifically for terms such as “artificial intelligence,” “machine learning,” “train,” “fine-tune,” “improve models,” “de-identified data,” “aggregated data,” or “service improvement.”

3. Other Apparent Changes

Third-party data sharing

The visible text continues or adds a statement that Volusion may share certain personally identifiable information with Shippo in accordance with the Privacy Policy. This creates or confirms a data-sharing pathway to a third-party shipping provider. The Privacy Policy should be reviewed for:

• Categories of information shared;
• Purposes of sharing;
• Retention periods;
• International transfers; and
• Whether customer or End User consent is required.

Policies and linked terms

The navigation text appears to add or expose references to:

• “Partner Program Types and Policies”;
• “Referral Program”;
• Volusion Payments/Stripe Terms; and
• Other service-specific policies.

Because the Terms incorporate referenced policies, adding linked policies may expand the contractual terms applicable to customers. Their effective dates, modification rights, liability provisions, and data-use terms should be checked.

Notice information

The legal-notice address and email presentation appears to be reformatted. No clear substantive change to notice rights or obligations is apparent.

4. Key Review Recommendation

Obtain a clean, complete redline or the full revised Terms and Privacy Policy before relying on this diff. The current version is insufficient to confirm whether customer data can be used for AI training or whether other material protections were removed.

Key Changes and Risks

> Important limitation: The supplied diff is heavily contaminated with website HTML, JavaScript, CSS, and repeated fragments. The summary below addresses the apparent substantive privacy-policy changes only. The final rendered policy should be reviewed to confirm the exact wording and section placement.

1. Privacy Policy restructuring and terminology

• The document appears to be renamed or separated from the general “Terms of Service,” becoming a standalone Volusion Privacy Policy.
• The policy now expressly covers information shared through Volusion’s website and Services, rather than primarily information submitted through the website.
• The effective-date language is revised to refer to the date stated in the policy.
• The policy changes from describing “Personally Identifiable Information” and “Anonymous Information” to using “Personal Information,” “PII,” and “Anonymous Information” as defined categories.

2. Broader definition of Personal Information

• The revised language expressly includes:
• Volusion user IDs and passwords;
• Credit-card/payment information;
• Account-preference information;
• IP addresses;
• Information collected as part of the Services.
• The definition of PII is more expansive and continues to include information capable of identifying an individual.
• The definition of Anonymous Information appears to remain focused on information not linked to PII and not independently identifying an individual, but the revised structure may create ambiguity about when data is sufficiently anonymized.

Risk: Customer data, including data generated through use of the Services—not merely information directly submitted—may fall within the policy’s permitted-use provisions.

3. Changes to collection and consent

• The policy now states that Personal Information is collected in connection with the performance of the Services.
• The prior language expressly stated that even noncustomers consented to collection, use, and disclosure by visiting the site. That wording appears to have been removed or materially rewritten.
• The policy continues to describe choices regarding use of Personal Information and access or updating of information.

Risk: The revised consent and legal-basis language may be less explicit for visitors and customers, particularly where collection is based on service performance rather than affirmative consent.

4. Expanded disclosure and third-party sharing

The revised exceptions to the “do not sell, rent, or trade” statement appear broader and include disclosure:

• To provide or enforce the Services and Terms;
• For fraud protection and risk reduction;
• To auditors;
• To protect Volusion, users, or others;
• In connection with mergers, acquisitions, bankruptcy, or asset sales;
• To service providers for shipping, payments, monitoring, fraud prevention, quality assurance, support, surveys, email administration, and marketing.

Volusion now says it will require contractual confidentiality and data-protection provisions, rather than stating it will “ensure” third parties are bound by them.

Risk: Third-party disclosure is broader, while the assurance regarding third-party controls is potentially weaker. Third parties’ own privacy policies may govern their use.

5. AI-model training

• No express provision addressing artificial intelligence, machine learning, model training, model improvement, prompts, inputs, outputs, or use of customer data to train AI models appears in the supplied diff.
• Accordingly, the diff does not clearly add or remove a contractual right to train AI models.
• However, the broadened “Services,” analytics, quality-assurance, testing, support, and service-provider language could potentially be argued to cover data processing associated with AI tools unless restricted elsewhere.

Recommended follow-up: Confirm whether the complete policy or Terms of Service contains a separate AI/data-training clause, and seek an express prohibition or consent requirement if customer data must not be used for model training.

Summary

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

> “Added approximately 8051 words to the document”

Accordingly, it is not possible to identify:

• New or changed legal obligations
• Changes to liability, indemnity, warranties, termination, or governing law
• Changes to data ownership, confidentiality, security, or privacy terms
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Whether such use is optional, subject to consent, anonymized, aggregated, or limited to service delivery
• Any new rights to retain, disclose, commercialize, or transfer customer data
• Whether the customer receives notice, opt-out rights, deletion rights, or audit rights

AI Training and Customer Data

No conclusion can be drawn about AI-model training from the information provided. The statement that approximately 8,051 words were added does not reveal whether the additions:

• Permit use of customer inputs, outputs, prompts, files, or personal data for model training;
• Apply training rights by default or only with customer consent;
• Distinguish between consumer and enterprise data;
• Require de-identification or aggregation;
• Allow human review of customer content;
• Permit use by affiliates, vendors, or third-party model providers; or
• Continue after termination or deletion.

Required Information

To perform a meaningful legal review, provide the actual redlined text or the added and deleted provisions, particularly sections addressing:

1. Data use and ownership

2. Artificial intelligence or machine learning

3. Confidentiality and privacy

4. Service improvement or product development

5. Data retention and deletion

6. Subprocessors and third-party providers

Without the underlying language, any assessment of legal risk—especially regarding AI training—would be speculative.

Summary

Key limitation

The provided diff contains only the statement:

> “Added approximately 608 words to the document”

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

• Changes to customer data rights or obligations
• Whether customer data may be used to train, fine-tune, test, or improve AI models
• New data-ownership, licensing, or intellectual-property provisions
• Changes to confidentiality, privacy, security, or retention terms
• New indemnities, warranties, liability limitations, or compliance obligations
• Whether the customer must opt in or may opt out of AI-related data use

AI-training risk assessment

No conclusion can be drawn from the provided information about whether the contract now permits the provider to:

• Use customer content to train general-purpose or customer-specific AI models
• Use prompts, outputs, metadata, usage data, or personal information for model improvement
• Share customer data with affiliates, contractors, or third-party model providers
• Retain data for training after termination
• Combine customer data with other customers’ data
• Claim ownership or a broad license over data or model outputs

The fact that approximately 608 words were added does not itself indicate whether these rights were expanded or restricted.

Required information

Please provide the full redlined text, including:

• All additions in {...}
• All deletions in [...]
• All replacements in []{...}

The surrounding original contract language is also important, because the legal effect may depend on how the new provisions interact with existing definitions, confidentiality terms, data-processing provisions, and liability limitations.

Key Changes and Risks

> Note: The diff appears to contain substantial website markup, scripts, CSS, and duplicated/corrupted text in addition to legal wording. The legal effect should be confirmed against the rendered Privacy Policy and its effective date.

1. Privacy Policy replaces or incorporates prior Terms language

• The page is changed from a broader “Terms of Service” presentation to a Volusion Privacy Policy presentation.
• The Privacy Policy is expressly described as part of the overall Terms of Service.
• The policy now states that everyday-language summaries are “not legally binding” and that undefined terms use the definitions in the Terms of Service.

Risk: Customers should rely on the formal policy and Terms of Service—not the summaries. Incorporation by reference may make obligations or definitions in another document relevant without being repeated here.

2. Broader and clearer definition of Personal Information

The revised language expressly includes:

• Information shared through Volusion’s website and Services;
• Personally Identifiable Information (“PII”); and
• Anonymous Information.

The definition of PII is expanded or clarified to include information capable of identifying an individual, including names, company details, email addresses, telephone numbers, billing and shipping addresses, Volusion user IDs and passwords, payment-card information, account preferences, and IP addresses.

Anonymous Information is described as data not linked to PII and not independently capable of identifying an individual.

Risk: The scope of covered data is clearer and potentially broader, particularly because Service-related information—not merely website submissions—is included. The distinction between “anonymous” and merely pseudonymous or aggregated data should be reviewed carefully.

3. Expanded collection and use purposes

The revised policy more expressly covers information collected:

• Through the website and as part of the Services;
• In connection with performing the Services; and
• For service delivery, marketing, fraud prevention, quality assurance, testing, support, surveys, email administration, site monitoring, payment processing, and related business purposes.

Visitors who are not customers are stated to consent to collection, use, and disclosure by visiting the site.

Risk: The visitor-consent language may be challenged or insufficient in jurisdictions requiring affirmative, specific consent, particularly for cookies, marketing, or other tracking technologies.

4. Broader third-party disclosure permissions

The revised exceptions permit disclosure:

• To provide or enforce the Services and Terms;
• In aggregated form;
• To comply with law or based on a good-faith legal necessity;
• To auditors bound by confidentiality;
• In mergers, acquisitions, bankruptcy, or asset sales;
• For fraud prevention, risk reduction, and protection of Volusion, users, or others; and
• To partners and service providers for shipping, payments, monitoring, support, surveys, and marketing.

The prior promise to obtain consent before sharing with third parties is narrowed to sharing for purposes other than those described in the policy. Third-party use is governed partly by their own privacy policies, which may provide weaker protections.

Risk: Customers have less control over disclosures that fall within the expanded purposes, and successor organizations or third-party providers may receive the data.

5. AI-model training

No express change concerning use of customer data to train, fine-tune, evaluate, or improve AI models is identifiable in this diff. There is no apparent language granting or restricting AI-training rights.

However, broad purposes such as “quality assurance,” “testing,” analytics, service improvement, and disclosures to service providers could potentially be argued to cover AI-related processing unless separately limited.

Recommended action: Obtain express confirmation that customer content, merchant data, and customers’ PII will not be used for AI training—or negotiate specific limits, de-identification requirements, opt-out rights, retention controls, and disclosure of model providers.