WP Engine

Important Changes and Risks

1. AI Services and Customer Data

• A new AI Services section expressly addresses artificial intelligence, machine learning, and generative functionality.
• WP Engine states that AI may produce errors, hallucinations, bias, misunderstood prompts, and non-unique outputs. The customer bears sole responsibility for:
• Enabling AI features;
• Providing inputs; and
• Reviewing and using outputs.
• WP Engine disclaims warranties that AI Services will be lawful, non-infringing, or fit for purpose and disclaims liability for damages arising from their use. This creates substantial risk if AI-generated content causes infringement, regulatory, business, or other losses.
• The customer’s license to WP Engine now permits WP Engine, its affiliates, providers, and subcontractors to use, modify, reproduce, create derivative works from, and distribute Customer Content, but only “to the extent required to provide or improve the Services to you.”
• This wording does not expressly say that Customer Content may be used to train general-purpose AI models, nor does it clearly prohibit that use. However, “improve the Services” is broad enough to create ambiguity about whether customer data, prompts, outputs, or derived data may be used for AI training or model improvement.
• The definition of Customer Content excludes Account Information, but does not clearly distinguish prompts, AI outputs, telemetry, metadata, or de-identified/aggregated data. Customers should seek clarification on:
• Whether inputs and outputs are retained;
• Whether they are used to train or fine-tune models;
• Whether data is shared with AI vendors;
• Whether customers can opt out; and
• What deletion and retention rules apply.

2. Broader Data-Use Rights

• The license is fully sublicensable, transferable, worldwide, and extends to affiliates, third-party providers, and subcontractors. This expands the parties that may handle Customer Content.
• WP Engine retains ownership of system-generated data, performance data, modifications, improvements, upgrades, and derivative works. The boundary between customer data and WP Engine-generated or AI-derived data is not clearly defined.

3. Unilateral Changes

• WP Engine may update the Agreement, AUP, DPA, Privacy Policy, and SLA by posting revised versions online.
• Changes generally become effective after 30 days, and continued use constitutes acceptance. This permits material changes without an individual amendment or signature.

4. Termination and Payment

• Agreements automatically renew unless notice is given at least 30 days before expiration.
• Early termination for reasons other than WP Engine’s uncured material breach accelerates all remaining fees.
• WP Engine may terminate for convenience on 30 days’ notice, although annual prepaid unused fees are refundable on a prorated basis.
• Services may be suspended for overdue fees, with late charges up to 1.5% per month plus collection costs.

5. Liability and Security

• WP Engine disclaims responsibility for losses resulting from security incidents and backup failures.
• Liability is capped at fees paid or owed during the preceding three months, with broad exclusions for consequential damages and lost profits.
• The customer must maintain independent offline backups.

6. Disputes and Indemnity

• Texas law and Travis County courts apply.
• Jury trials and class or collective actions are waived.
• The customer’s indemnity is specifically tied to violations of the AUP and may include fines, losses, and attorneys’ fees.

Summary of Available Change

The diff indicates that approximately 4,698 words were removed, but it does not identify which clauses were deleted or provide replacement language.

Because the deleted text is unavailable, it is not possible to determine:

• Whether the customer’s data may now be used to train, fine-tune, evaluate, or improve AI models.
• Whether prior restrictions on data use, confidentiality, or secondary processing were removed.
• Whether the provider’s rights to retain, analyze, aggregate, anonymize, or commercialize customer data have changed.
• Whether security, privacy, data-retention, deletion, or breach-notification obligations were weakened.
• Whether liability protections, indemnities, warranties, audit rights, or termination rights were removed.
• Whether the agreement’s governing law, dispute-resolution, intellectual-property, or service-level provisions changed.

AI-Training Risk

The deletion may be significant if the removed provisions previously:

• Prohibited using customer content to train or improve AI models;
• Required customer consent before such use;
• Limited model training to de-identified or aggregated data;
• Required deletion of training inputs or derived data;
• Confirmed that customer data would not be used to develop competing products; or
• Explained whether human reviewers or third-party model providers could access the data.

Conversely, the deletion could reduce risk if it removed an overly broad permission to use customer data for AI training. The direction of the change cannot be determined from the redline description alone.

Practical Assessment

Risk level: Uncertain / potentially material. A deletion of this size may remove important customer protections or operational terms, even if the remaining agreement appears unchanged. The absence of replacement language may also create ambiguity about which default terms apply.

Information Needed

A reliable legal analysis requires either:

1. The actual text of the deleted provisions; or

2. The complete prior and revised versions of the agreement.

Particular attention should be given to sections titled Data Use, Customer Content, Privacy, Confidentiality, Artificial Intelligence, Machine Learning, Service Improvement, Aggregated Data, Retention, Security, and Intellectual Property.

The publisher records this document as revised on this date (“dated: January 1, 2026”).

The publisher records this document as revised on this date (“dated:January 1, 2026”).

Diff Analysis

Overall Assessment

The diff shows the entire Terms of Service text enclosed in deletion brackets ([...]) and contains no visible additions ({...}) or replacement pairs ([old]{new}). Accordingly, the provided diff does not identify what new language replaces the deleted text. A reliable assessment of the legal changes is therefore not possible from this version alone.

If this represents removal of the entire Terms of Service without replacement, that would create substantial uncertainty regarding the parties’ rights and obligations, including payment, termination, data use, confidentiality, liability, and dispute resolution.

AI and Customer Data

The deleted text contains the following important AI-related provisions:

• AI compliance and disclaimers: WP Engine states that its AI systems and AI Services will comply with applicable law, but disclaims warranties that AI use will be lawful, non-infringing, or fit for purpose.
• Customer responsibility: The customer is solely responsible for enabling AI Services, supplying inputs, and reviewing outputs.
• Output risks: AI outputs may contain errors, hallucinations, bias, or similar content generated for other customers. Outputs are not guaranteed to be unique.
• Liability exclusion: WP Engine disclaims liability for damages resulting from use of the AI Services.
• Data-use license: The customer grants WP Engine and its affiliates, providers, and subcontractors a broad license to use, modify, reproduce, distribute, and create derivative works from Customer Content, but only “solely and strictly to the extent required to provide or improve the Services to you.”
• No express AI-training authorization: The text does not expressly state that Customer Content may be used to train generalized or shared AI models. However, the phrase “improve the Services” is broad and could potentially support model improvement depending on how WP Engine interprets and applies it.
• Data protection documents: Personal-data processing is governed by the separately referenced Privacy Policy and DPA, both of which may be updated over time.

Key Risks Requiring Comparison

The replacement version should be checked specifically for whether it:

1. Expressly permits or prohibits using Customer Content, prompts, or outputs to train AI models.

2. Allows use of data for generalized model training beyond improving the customer’s services.

3. Uses de-identification, aggregation, or anonymization exceptions.

4. Permits retention of AI inputs and outputs after termination.

5. Gives WP Engine or third parties ownership or licensing rights in AI-generated outputs.

6. Changes the customer’s responsibility for unlawful, infringing, biased, or inaccurate AI outputs.

7. Expands data-sharing with affiliates, subprocessors, or AI providers.

Conclusion: No actual AI-training change can be identified because the diff does not show the replacement or added language.

Summary

The provided diff states only:

> “Added approximately 4698 words to the document”

It does not include the text of the additions, deletions, or replacements. As a result, the substantive legal changes cannot be analyzed reliably.

AI Training and Customer Data

The available information does not show whether the new language:

• Permits the provider to use customer data, prompts, outputs, files, or personal information to train or improve AI models;
• Limits such use to de-identified, aggregated, or anonymized data;
• Requires customer consent or provides an opt-out;
• Allows human review of customer content for model training, safety, or quality purposes;
• Grants the provider ownership or broad usage rights in customer data or outputs;
• Applies different rules to free, paid, enterprise, or API users;
• Permits retention of customer data after account termination;
• Allows subcontractors or affiliates to use customer data for AI-related purposes; or
• Changes confidentiality, security, privacy, or data-processing obligations.

Legal Risk Assessment

Because the actual 4,698 words are missing, it is not possible to determine whether the additions:

• Expand the provider’s license to customer content;
• Override existing confidentiality or data-protection commitments;
• Introduce broad rights to use data for commercial purposes;
• Shift responsibility for legally obtained training data to the customer;
• Reduce deletion, retention, or security protections;
• Change liability, indemnity, or regulatory-compliance obligations; or
• Create inconsistencies with a data-processing agreement or privacy policy.

Information Needed

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

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

Without the actual contractual language, any conclusion about AI-model training or customer-data use would be speculative.

Summary of Important Changes and Risks

1. New Comprehensive Terms of Service

The agreement now expressly states that the Terms of Service, Order, and incorporated policies/addenda form the entire agreement and supersede prior communications. Customer purchase orders and other customer-generated terms are expressly rejected.

Risks:

• Customer terms in purchase orders or procurement portals will have no effect.
• The Order controls over the Terms of Service, which control over incorporated online terms.
• WP Engine may update the Agreement by posting changes online. Changes generally become effective after 30 days, and continued use constitutes acceptance. Legally required changes may take effect sooner.
• Several incorporated documents—including the AUP, DPA, Privacy Policy, and SLA—may also be updated over time.

2. New AI Services Provisions

The terms add a dedicated section covering artificial intelligence, machine learning, and similar functionality capable of generating content, code, data, or other outputs.

Key provisions include:

• WP Engine states that its AI use and AI Services will comply with applicable law.
• AI may produce errors, hallucinations, bias, misunderstood prompts, or inaccurate results.
• The customer controls whether AI Services are enabled and remains fully responsible for all inputs and for reviewing and using outputs.
• AI outputs may not be unique and may be identical or similar to outputs provided to other customers.
• WP Engine provides no warranty that AI Services are lawful, non-infringing, or fit for purpose and disclaims implied warranties.
• WP Engine disclaims liability for damages resulting from use of the AI Services.

AI Training and Customer Data

The agreement does not expressly state that Customer Content will be used to train general-purpose AI models, nor does it expressly prohibit such use.

However, the customer grants WP Engine and its affiliates, providers, and subcontractors a broad license to use, modify, reproduce, create derivative works from, and distribute Customer Content “solely and strictly to the extent required to provide or improve the Services.” This “improve the Services” language could potentially encompass AI-related service improvement or model development, depending on how WP Engine interprets it.

The definition of AI Services expressly refers to systems generating outputs based on patterns learned from training data, but it does not identify whose data may be used as training data or impose data-use, retention, opt-out, or model-isolation restrictions.

Recommended clarification: Obtain written confirmation stating whether Customer Content, prompts, outputs, usage data, or personal data may be used to train, fine-tune, validate, or improve AI models, and whether customer data is segregated from models or other customers’ data.

3. Expanded Provider Rights and Disclaimers

WP Engine may use third parties and may replace or discontinue service components without those actions constituting a breach. Software licenses are limited, revocable, and terminable upon license violations.

4. Commercial and Termination Changes

• Automatic renewal applies unless notice is given at least 30 days before term expiration.
• Early termination generally requires payment of all remaining fees.
• WP Engine may terminate for convenience with 30 days’ notice.
• WP Engine may suspend services for nonpayment or certain operational, legal, or security concerns.
• Customers must maintain independent offline backups and may lose access to the User Portal after termination.

5. Liability, Security, and Dispute Risks

• WP Engine disclaims responsibility for losses from security incidents and backup failures.
• Liability is capped at fees paid or owed during the preceding three months.
• Consequential, punitive, incidental, special damages, and lost profits are excluded.
• Texas law, Travis County courts, no class actions, and jury-trial waiver apply.
• The customer provides broad indemnification for AUP violations.