WP Engine

Executive Summary

The diff appears to show the entire existing Terms of Service being deleted, with only “Terms of Service Page” remaining outside the deletion brackets. No replacement provisions are shown using curly braces. If this is intentional, the principal change is potentially a complete removal of the contractual terms, rather than a targeted amendment. The analysis below highlights the material provisions contained in the text provided, including the AI-related terms.

AI and Customer Data

• AI Services are expressly addressed. They include systems using artificial intelligence or machine learning to generate content, code, text, images, audio, video, or other outputs from customer prompts.
• No express promise that Customer Content will be used—or not used—to train AI models is provided. The terms do not clearly state whether customer inputs, outputs, or usage data may be used to train WP Engine’s or third parties’ models.
• The customer grants WP Engine and its affiliates, providers, and subcontractors a broad license to use, modify, reproduce, create derivative works from, publicly display, and distribute Customer Content, but only “to the extent required to provide or improve the Services.” The phrase “improve the Services” could potentially include AI-system improvement or model training, unless restricted by the DPA, Privacy Policy, Order, or another incorporated document.
• The license is transferable, worldwide, fully sublicensable, royalty-free, and effective during the Agreement term. This creates risk that data may be processed by affiliates, vendors, or subcontractors.
• WP Engine disclaims responsibility for AI outputs being accurate, lawful, non-infringing, fit for purpose, unique, or free from bias, hallucinations, or errors.
• The customer is solely responsible for AI inputs and reviewing outputs. WP Engine disclaims liability for damages arising from use of AI Services.
• Outputs may be similar or identical to outputs provided to other customers, creating confidentiality, originality, and intellectual-property risks.
• The terms do not address ownership of AI outputs, rights to training data, prompt retention, model-provider access, opt-out rights, deletion, or whether customer data is used to train general-purpose models. These issues should be clarified expressly.

Other Material Customer Risks

• Unilateral changes: WP Engine may update the Agreement by website posting; changes generally become effective after 30 days, and continued use constitutes acceptance.
• Automatic renewal: Terms renew automatically unless notice is given at least 30 days before expiration.
• Early termination costs: Customer generally cannot terminate or downgrade early, and remaining fees become immediately due if it terminates for reasons other than WP Engine’s uncured material breach.
• Termination for convenience: WP Engine may terminate on 30 days’ notice.
• Data-loss risk: WP Engine disclaims liability for security incidents, backup failures, corruption, and inability to restore content. Customer must maintain independent offline backups.
• Broad liability cap: WP Engine’s aggregate liability is capped at fees paid or owed during the preceding three months, with broad exclusions for consequential and lost-profit damages.
• Customer indemnity: Customer must indemnify WP Engine for third-party claims related to AUP violations.
• Dispute restrictions: Texas law and Travis County courts apply; class actions and jury trials are waived.
• Post-termination access: Customer loses access to the platform and portal and is responsible for migration and data preservation.

Summary of Important Changes

Overall Effect

The diff shows the entire existing Terms of Service being deleted, with no replacement text shown. If this accurately represents the change, the revised page would contain no operative Terms of Service. That creates substantial uncertainty about which terms govern the customer relationship.

This analysis is based only on the markup provided. No added or replacement language appears in {braces}.

AI and Customer Data

The deleted Terms contained the following AI-related provisions:

• WP Engine’s use and provision of AI Services would comply with applicable law.
• Customers acknowledged that AI may:
• produce errors or hallucinations;
• misunderstand prompts;
• introduce bias; and
• generate outputs similar or identical to outputs provided to other customers.
• The customer was responsible for:
• enabling AI Services;
• supplying inputs; and
• reviewing all outputs.
• WP Engine disclaimed warranties concerning the legality, non-infringement, or fitness for purpose of AI Services.
• WP Engine disclaimed liability for damages resulting from use of AI Services.

If the deletion is intentional and no replacement language exists, these AI-specific disclosures, customer responsibilities, and disclaimers may no longer apply under the Terms. This could create uncertainty regarding responsibility for inaccurate, biased, infringing, or otherwise harmful AI outputs.

The deleted intellectual-property provision also granted 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 to the extent “required to provide or improve the Services.” Because this language expressly referred to improving the Services and the AI definition referred to systems trained on data, its deletion removes the clearest contractual basis for any AI-related use of Customer Content. However, it does not establish that customer data will not be used for model training; that question would need to be addressed in the replacement Terms, DPA, Privacy Policy, or product-specific terms.

Other Deleted Customer Protections and Risks

The deletion also removes, or leaves uncertain:

• Customer ownership of Customer Content.
• Confidentiality obligations.
• Data privacy and DPA incorporation.
• Security commitments and breach-notification language.
• Backup disclaimers and offline-backup requirements.
• Service-level commitments and SLA remedies.
• Fees, renewals, overages, suspension, and termination rights.
• Liability cap and exclusion of consequential damages.
• Customer indemnity obligations.
• Governing law, Texas venue, jury-trial waiver, and class-action waiver.
• Website and account termination procedures.
• Restrictions on third-party services and software.
• WP Engine’s right to update incorporated online policies.

Key Action Required

Confirm whether the diff is incomplete. If the Terms are actually being replaced, review the new text for an explicit statement addressing:

1. whether Customer Content or prompts may be used to train, fine-tune, or improve AI models;

2. whether data is shared with affiliates or AI providers;

3. retention and deletion periods;

4. opt-out or enterprise controls;

5. ownership and permitted use of AI outputs; and

6. privacy, security, and indemnity protections for AI use.

Diff Summary

Overall Change

The diff shows the entire existing Terms of Service text marked for deletion ([]) and contains no visible additions ({}) or replacement text. Accordingly, the proposed new wording cannot be evaluated from the supplied diff. The observations below describe provisions that appear to be removed if the markup is accurate.

AI and Customer Data

• The deleted terms included a dedicated AI Services section.
• That section stated that:
• WP Engine’s AI use and AI Services would comply with applicable law.
• AI outputs may contain errors, hallucinations, misunderstandings, or bias.
• The customer controls whether AI Services are enabled.
• The customer is responsible for all prompts/inputs and for reviewing outputs.
• AI outputs may not be unique and could be similar to outputs generated for other customers.
• The deleted Customer Content license allowed 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.”
• Because the replacement language is not shown, it is impossible to determine whether:
• Customer Content may still be used to train or improve AI models;
• prompts, outputs, or usage data are retained;
• data may be shared with affiliates or third-party AI providers;
• customer data may be used for generalized model training beyond providing the customer’s services; or
• customers receive any opt-out, deletion, confidentiality, or data-isolation protections.

Key risk: If the replacement terms omit these limitations or broaden the data license, WP Engine could potentially obtain greater rights to use customer content, including for AI development or model training. The new AI/data-use provisions should be reviewed before acceptance.

Other Material Provisions Apparently Removed

• Unilateral amendments: WP Engine could update online terms, generally effective after 30 days, with continued use constituting acceptance.
• Automatic renewal and early termination: Automatic renewal applied, and early termination generally made remaining fees immediately due.
• Suspension and termination: WP Engine could suspend or terminate for breach, security/network concerns, misconduct, or convenience.
• Security disclaimers: WP Engine disclaimed responsibility for losses caused by security incidents and required customers to assess regulatory compliance.
• AI liability disclaimer: WP Engine disclaimed warranties and liability for damages arising from AI Services.
• Low liability cap: Liability was capped at fees paid or owed during the preceding three months, with broad exclusions for consequential and lost-profit damages.
• Customer indemnity: Customers indemnified WP Engine for third-party claims relating to AUP violations.
• Data and backup risks: Customers remained responsible for offline backups, and WP Engine disclaimed responsibility for backup integrity or restoration failures.
• Texas forum, jury waiver, and class-action waiver: Disputes were subject to Texas courts, no jury trial, and no class or collective actions.

Drafting Issue

The diff should include the replacement/new text to permit a meaningful comparison.

Summary

The diff only states that approximately 4,698 words were removed. It does not identify the deleted language or show any replacement text.

AI Training and Data Use

• No determination is possible regarding changes to the customer’s data being used to train AI models.
• The removed provisions could have addressed:
• Whether customer data may be used to train, fine-tune, or improve AI models;
• Whether data is anonymized, aggregated, or de-identified first;
• Whether customer prompts, inputs, outputs, or usage metadata are retained;
• Whether the provider may share data with affiliates, vendors, or model providers;
• Opt-out or consent requirements;
• Ownership and licensing rights in customer data, inputs, or outputs; or
• Security, confidentiality, and deletion obligations.
• Because the deleted text is not provided, it is impossible to determine whether the change expands, restricts, or leaves unchanged the provider’s AI-related rights.

Other Potential Risks

The deletion of a substantial portion of the document may have removed important terms concerning:

• Confidentiality and permitted data uses;
• Intellectual-property ownership and licenses;
• Privacy and regulatory compliance;
• Security and breach notification;
• Data retention, deletion, and return;
• Liability limitations and indemnities;
• Service levels, suspension, and termination; or
• Governing law and dispute resolution.

If the deletion was not accompanied by replacement language, the remaining agreement may contain gaps, inconsistencies, or reduced customer protections. The legal effect also depends on whether the deleted provisions were incorporated into another document or replaced elsewhere.

Conclusion

A substantive legal analysis cannot be completed from the supplied diff alone. The actual deleted text and any replacement provisions are needed, especially to assess whether customer data may now be used to train or improve AI models.

Summary

The diff indicates that approximately 4,698 words were removed from the document, but it does not identify which clauses, definitions, or sections were deleted.

AI Training and Customer Data

• The provided diff contains no text showing whether customer data may be used to train, fine-tune, evaluate, or improve AI models.
• It is therefore impossible to determine whether:
• A customer-data training permission was added or removed;
• Any opt-out or consent requirement changed;
• Customer data may be used for generalized model training;
• Customer prompts, outputs, usage data, or metadata are included;
• Data is anonymized, aggregated, retained, or shared with third parties;
• The provider must delete training data after termination; or
• The provider provides confidentiality, security, or non-use protections for training data.

Other Potential Legal Impact

The removal of approximately 4,698 words may have materially affected provisions concerning:

• Data ownership and permitted uses;
• Confidentiality and privacy;
• Security obligations and breach notification;
• Data retention, deletion, and return;
• Intellectual-property rights in inputs and outputs;
• Warranties, indemnities, and liability limits;
• Subprocessors and third-party disclosures;
• Compliance with applicable data-protection laws;
• Termination rights and post-termination obligations; and
• Service levels or other customer protections.

Risk Assessment

Because the deleted text is not provided, the principal risk is lack of visibility into potentially material changes. The deletion could remove customer protections or could eliminate broad permissions previously granted to the provider, including permissions relating to AI-model training. No definitive conclusion can be reached from the deletion notice alone.

Recommended Next Step

Obtain either:

1. The full redline showing the deleted text; or

2. The prior and revised versions of the document.

Particular attention should be given to clauses containing terms such as “train,” “training,” “improve,” “develop,” “machine learning,” “AI,” “models,” “inputs,” “outputs,” “usage data,” “aggregated,” “de-identified,” “retain,” and “service improvement.”

Summary of Changes

Scope of the Diff

• The diff states that approximately 4,698 words were removed.
• No replacement or added language is provided.
• Because the deleted text is not included, it is not possible to determine which provisions were removed or how the legal relationship changed.

Potential Legal Impact

The deletion of a substantial portion of the agreement could affect important provisions, including:

• Data ownership and permitted use
• Customer confidentiality obligations
• Use of customer data for analytics, product improvement, or artificial intelligence training
• Intellectual property rights
• Security and privacy commitments
• Data retention and deletion
• Service warranties and limitations of liability
• Indemnification
• Audit, compliance, and regulatory obligations
• Termination rights and post-termination data handling

The legal effect depends on whether the removed language consisted of customer protections, provider rights, limitations, definitions, or procedural terms.

AI Training and Customer Data

• The provided diff contains no actual language addressing AI, machine learning, model training, prompts, inputs, outputs, or customer data.
• Accordingly, it is not possible to determine whether the revision:
• Expands or restricts the provider’s right to train AI models using customer data;
• Changes whether customer data is used to train shared or public-facing models;
• Removes an opt-out or consent requirement;
• Changes ownership or licensing rights in training data, prompts, or outputs; or
• Adds safeguards such as anonymization, aggregation, deletion, or exclusion from training datasets.

Key Risk

The principal risk is loss of contractual protections through deletion, particularly if the removed provisions limited secondary use of customer data or prohibited AI training. However, this cannot be confirmed from the supplied diff alone.

Recommended Next Step

Review the full deleted text and any surrounding provisions. Particular attention should be given to deleted clauses containing terms such as “train,” “improve,” “develop,” “machine learning,” “artificial intelligence,” “inputs,” “outputs,” “customer data,” “aggregated,” “de-identified,” “license,” “ownership,” “opt out,” or “service improvement.”

Executive Summary

The diff shows the entire prior Terms of Service text in deletion brackets. No replacement or added language is visible in the material provided. Accordingly, the principal apparent change is the removal of the existing terms, rather than the adoption of identifiable replacement provisions.

AI and Customer Data

The deleted terms contained an AI Services section. If this deletion reflects the final revision, the following AI-related protections and disclosures may no longer apply unless they appear elsewhere:

• WP Engine’s commitment that its use and provision of AI Services would comply with applicable law.
• Warnings that AI outputs may contain errors, hallucinations, bias, or misunderstood instructions.
• Customer responsibility for reviewing inputs and outputs and controlling whether AI Services are enabled.
• Disclosure that AI-generated outputs may not be unique and may be similar to outputs generated for other customers.
• A disclaimer that AI Services may not be lawful, non-infringing, or fit for the customer’s purpose.
• A broad exclusion of liability for damages resulting from use of AI Services.

The deleted intellectual-property provision also granted WP Engine and certain affiliates, providers, and subcontractors a license to use, modify, reproduce, and distribute Customer Content, but only “to the extent required to provide or improve the Services.” This wording is important because:

• It expressly permitted use of Customer Content to improve the Services, which could potentially include improving AI functionality, depending on context.
• It did not expressly authorize general-purpose model training, nor did it clearly prohibit using Customer Content to train models.
• It did not specify whether customer data would be de-identified, aggregated, retained, or excluded from training datasets.
• The license was broad, worldwide, transferable, sublicensable, and extended to affiliates, third-party providers, and subcontractors.

Because the entire provision appears deleted, it is unclear whether the replacement terms narrow, expand, or eliminate these rights. The replacement text should be reviewed specifically for express language addressing AI training, model improvement, prompts, outputs, retention, de-identification, and use by third-party AI providers.

Other Material Risks in the Deleted Terms

If these provisions are not carried forward, the customer may lose:

• A 30-day notice period for most unilateral updates to the Terms.
• Automatic-renewal and non-renewal requirements.
• Customer-content ownership language.
• Security incident notification commitments.
• Data-processing obligations tied to the Privacy Policy and DPA.
• Refund rights if WP Engine terminates for convenience.
• Limitations on WP Engine’s liability, capped at fees paid or owed during the preceding three months.
• Texas governing law, Travis County venue, jury-trial waiver, and class-action waiver.
• Customer indemnification obligations for AUP violations.

Key Limitation

The supplied diff does not show the new or replacement language. A definitive change analysis—especially regarding AI-model training—requires the corresponding added text.

Diff Analysis

Overall Assessment

The diff appears to show the entire Terms of Service as deleted: the document begins with [ and ends with ], and no additions marked with {} or replacement blocks marked []{} are visible. Accordingly, the actual revised language cannot be determined from the supplied diff.

If the brackets accurately represent the diff, the change would be deletion of the entire Terms of Service, with no replacement text shown. That could create substantial uncertainty regarding the governing contract, but it may also reflect a formatting or export error.

AI and Customer Data

The deleted text contains several AI-related provisions, but the diff does not show whether they were retained, modified, or removed in the new version:

• AI definition: “AI Services” includes artificial intelligence, machine learning, and similar systems that generate content, data, code, text, images, audio, or other outputs from customer prompts.
• Customer responsibility: The customer is solely responsible for inputs provided to AI Services and for reviewing outputs.
• Accuracy and uniqueness disclaimer: WP Engine disclaims responsibility for errors, hallucinations, misunderstood prompts, bias, and non-unique outputs.
• Legal and fitness disclaimers: WP Engine does not warrant that AI use will be lawful, non-infringing, or fit for purpose.
• Liability exclusion: WP Engine disclaims liability for damages arising from use of the AI Services.
• Customer Content license: The customer grants WP Engine, affiliates, providers, and subcontractors a broad license to use, modify, reproduce, distribute, and create derivative works from Customer Content, but only “to the extent required to provide or improve the Services.”
• Training ambiguity: The text does not expressly state whether Customer Content, prompts, or AI outputs may be used to train general-purpose or shared AI models. The phrase “provide or improve the Services” could be argued to permit some improvement-related uses, but it is not an explicit model-training authorization or prohibition.

Other Significant Provisions Visible in the Deleted Text

• WP Engine may update the Agreement by website posting, generally effective after 30 days.
• Automatic renewal applies unless notice is given at least 30 days before expiration.
• WP Engine may terminate for convenience on 30 days’ notice.
• Customer’s early termination generally accelerates remaining fees.
• Liability is capped at fees paid or owed during the preceding three months.
• WP Engine disclaims responsibility for security incidents, backup integrity, and data loss.
• Texas law and Travis County, Texas courts apply; jury trials and class actions are waived.
• Customer indemnifies WP Engine for third-party claims related to AUP violations.

Required for Reliable Analysis

Please provide the diff with the actual {additions} and []{replacements} visible. Without the new text, it is not possible to identify which AI-data rights, training permissions, restrictions, or customer protections changed.

Executive Summary

The diff appears to show the entire existing Terms of Service being deleted, with only the heading “Terms of Service Page” remaining outside deletion brackets. No replacement text is shown in braces. If this accurately reflects the intended change, the document may temporarily or permanently lack operative contractual terms. The change should be verified because the diff format may be incomplete or malformed.

Important Changes and Risks

1. Possible removal of the entire agreement

The deleted material includes substantially all operative provisions, including:

• Service descriptions and support obligations
• Fees, invoicing, renewals, and overage charges
• Suspension and termination rights
• Intellectual-property rights
• Confidentiality
• Security and data privacy
• Warranties and disclaimers
• Indemnification
• Liability caps
• Governing law, venue, jury waiver, and class-action waiver
• Definitions and incorporated policies

If no replacement agreement exists, this creates significant uncertainty regarding:

• Whether WP Engine may continue providing and charging for Services
• Ownership and permitted use of customer data
• Data-protection obligations
• Liability for outages, security incidents, data loss, or AI outputs
• Renewal, termination, and refund rights
• Applicable dispute-resolution procedures

2. Customer data and AI-model training

The deleted terms contain an AI Services section. It states that:

• AI may produce errors, hallucinations, bias, or non-unique outputs.
• The customer is responsible for inputs and reviewing outputs.
• AI use is under the customer’s control.
• WP Engine disclaims warranties and liability relating to AI Services.

However, the deleted language does not expressly state whether Customer Content or prompts may be used to train WP Engine’s or third-party AI models. It also does not clearly provide:

• An opt-out from model training
• A prohibition on using customer inputs or outputs for training
• Restrictions on retention of prompts or outputs
• Notice of third-party AI providers or subprocessors
• A commitment that customer data will not be used to improve generalized models

The deleted IP license permits WP Engine and its affiliates, providers, and subcontractors to use, modify, reproduce, and create derivative works from Customer Content “solely and strictly to the extent required to provide or improve the Services.” The phrase “improve the Services” could potentially support limited data use for service improvement, but it is not explicit enough to determine whether generalized AI-model training is permitted.

3. Data-security and liability exposure

The deleted terms disclaim responsibility for losses resulting from security incidents and cap aggregate liability at fees paid or owed during the preceding three months. They also disclaim liability for AI-related damages and backup failures. If these protections are being removed without replacement, WP Engine’s exposure and the customer’s remedies may materially change.

Recommended Action

Confirm whether the diff is complete. Obtain the replacement Terms of Service and specifically request written clarification on:

1. Whether Customer Content, prompts, outputs, or usage data train AI models;

2. Whether training is performed by WP Engine or third-party providers;

3. Available opt-out and deletion rights; and

4. Applicable retention, confidentiality, and security controls.

Diff Summary

Overall Observation

The diff shows the entire existing Terms of Service text in deletion brackets ([]), with no visible replacement or addition in curly braces ({}). Accordingly, the changes that can be identified are the removal of the provisions below. The legal effect depends on what replaces the deleted text.

AI and Customer Data

The deleted terms contained a dedicated AI Services section stating that:

• WP Engine’s AI use would comply with applicable law.
• AI outputs may contain errors, hallucinations, bias, or misunderstandings.
• The customer was solely responsible for enabling AI Services and reviewing inputs and outputs.
• AI outputs might not be unique and could be similar to outputs provided to other customers.
• WP Engine disclaimed warranties and liability for damages arising from use of AI Services.

The deleted terms also granted WP Engine, 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” as required to provide or improve the Services.

Key AI-related risk

Because the replacement language is not shown, it is impossible to determine whether the new terms:

• Permit customer data or prompts to be used to train, fine-tune, or improve AI models;
• Restrict such use to de-identified, aggregated, or service-improvement data;
• Give the customer an opt-out or require consent;
• Address ownership of AI-generated outputs; or
• Allocate responsibility for unlawful, infringing, biased, or inaccurate AI outputs.

The deleted language did not expressly authorize general-purpose training of AI models, but its “provide or improve the Services” wording could potentially support some service-improvement uses. Any replacement should be reviewed carefully for broader training rights.

Other Significant Deleted Protections and Risks

Data, confidentiality, and security

The deleted terms included:

• Confidentiality obligations;
• Security measures and breach-notification provisions;
• Incorporation of the Privacy Policy and Data Processing Addendum;
• A disclaimer that WP Engine was not responsible for losses from security incidents; and
• Customer responsibility for backups and regulatory compliance.

Removal or narrowing of these terms could materially change data-protection obligations and security-risk allocation.

Fees and renewal

The deleted provisions addressed:

• Automatic renewal;
• Thirty-day non-renewal notice;
• Advance payment and overage charges;
• Credit-card charging;
• Late fees;
• Suspension for nonpayment; and
• Immediate payment of remaining fees after early termination.

Their removal could eliminate existing billing rules or indicate that different, potentially less favorable provisions now apply.

Termination and service continuity

WP Engine’s prior right to terminate for convenience on 30 days’ notice, along with limited prorated refunds, was deleted. The prior terms also warned that post-termination access and migration assistance would be unavailable.

Liability and remedies

The deleted terms capped WP Engine’s aggregate liability at fees paid or owed during the preceding three months and excluded consequential, punitive, and lost-profit damages. They also disclaimed most warranties and AI-related liability. If these provisions were removed, WP Engine’s exposure—and the customer’s potential remedies—may have materially changed.

Bottom Line

No actual replacement text is visible. The most important missing issue is whether the new terms expressly permit use of customer data, prompts, or outputs to train or improve AI models. The replacement provisions are necessary for a definitive analysis.

Diff Summary

Overall Effect

The diff shows the entire prior Terms of Service being deleted. No replacement language or additions are visible in the supplied diff. Accordingly, the principal legal effect that can be identified is the removal of the provisions summarized below. The consequences of the replacement terms cannot be assessed without the new text.

AI and Customer Data

The deleted terms contained an AI Services section stating that:

• WP Engine’s AI systems and AI Services would comply with applicable law.
• AI outputs may contain errors, hallucinations, bias, or misunderstandings.
• The customer was responsible for enabling AI Services, supplying inputs, and reviewing outputs.
• Outputs might not be unique and could be similar to outputs generated for other customers.

The definition of AI Services also referred to systems that generate content or other materials based on patterns learned from training data.

Important limitation

The deleted terms did not expressly authorize WP Engine to use Customer Content to train general-purpose AI models, nor did they expressly prohibit such use. They granted WP Engine a broad license to use, modify, reproduce, distribute, and create derivative works from Customer Content, but only “solely and strictly” as required to provide or improve the Services to you.

That language could potentially support service-specific model improvement, depending on the circumstances, but it is not a clear, standalone AI-training provision. The replacement terms should be reviewed carefully for whether they:

• Permit training, fine-tuning, or improving models using Customer Content;
• Permit use of prompts, inputs, outputs, telemetry, or usage data for model training;
• Allow sharing with affiliates, vendors, or third-party AI providers;
• Require de-identification or aggregation;
• Give the customer an opt-out or objection right;
• State how customer data is retained or deleted; and
• Address ownership and confidentiality of AI inputs and outputs.

Other Material Deleted Protections and Obligations

The deleted terms also removed provisions concerning:

• Data security and privacy: Security responsibilities, security-incident notices, and incorporation of the Privacy Policy and DPA.
• Customer Content ownership: Customer ownership, together with WP Engine’s service-related license.
• Confidentiality: Mutual confidentiality obligations and injunctive relief.
• AI disclaimers: No warranty that AI Services would be lawful, non-infringing, or fit for purpose, and exclusion of liability for AI-related damages.
• Liability cap: Liability generally capped at fees paid or owed during the preceding three months, with exclusions for consequential and punitive damages.
• Automatic renewal and termination: Renewal mechanics, termination rights, suspension rights, and post-termination access limitations.
• Data loss and backups: Limited backup commitments and the customer’s obligation to maintain independent backups.
• Unilateral updates: WP Engine’s ability to update the Agreement by posting changes, generally effective after 30 days.

Key Conclusion

This diff does not show the new contractual language. It shows deletion of the prior agreement, including its AI provisions. No affirmative customer-data training right is visible in the supplied material, but the absence of replacement text prevents determining whether the new terms create broader AI-training rights or remove existing protections.

Summary

The diff states only that approximately 4,698 words were removed. It does not identify which provisions were deleted or provide the replacement language.

Key Legal Impact

• A deletion of this size may materially change the parties’ rights and obligations.
• Potentially affected areas could include:
• Data ownership and licensing
• Confidentiality and security obligations
• Privacy compliance
• Permitted uses of customer data
• Service levels and support
• Liability, indemnification, and limitations of liability
• Termination and data deletion/return rights
• Intellectual property rights
• Audit and transparency obligations

AI Training and Customer Data

• No specific conclusion can be reached about AI-model training from the supplied diff.
• The diff does not show whether any language was removed concerning:
• Training, fine-tuning, or improving artificial-intelligence or machine-learning models
• Use of customer data or prompts to develop products or services
• Human review or annotation of customer data
• Retention of data for model training
• Opt-out rights or customer consent
• Restrictions on using confidential or personal data for training
• Ownership of model outputs or models trained using customer data
• Deletion of customer data from training datasets or model systems

Risk Assessment

The principal risk is lack of visibility. If the deleted text contained restrictions on data use, its removal could broaden the provider’s rights to use customer data, potentially including for analytics, service improvement, or AI training. Conversely, the deleted material may have been irrelevant or duplicative. The available diff does not permit that distinction.

Recommended Follow-Up

Obtain either:

1. The actual deleted text and any replacement language; or

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

The AI/data-use provisions should be compared specifically for whether customer data may be used to train or improve models, whether consent or opt-out rights exist, and whether confidentiality, deletion, and security protections continue to apply.

Summary

The diff indicates that approximately 4,698 words were removed from the document, but it does not identify which provisions were deleted. Because the actual deleted text is not provided, it is not possible to determine the specific legal or commercial impact.

Key Risks Created by the Deletions

• Unknown changes to rights and obligations: Deleted language may have addressed liability, warranties, confidentiality, intellectual property, payment terms, termination, dispute resolution, security, or compliance obligations.
• Potential loss of customer protections: The removed provisions may have limited the provider’s rights or imposed safeguards benefiting the customer.
• Possible expansion of provider discretion: If restrictions, approval requirements, audit rights, or use limitations were deleted, the provider may now have broader discretion.
• Interpretation risk: Removing defined terms, exceptions, or procedural requirements can create ambiguity and increase the risk of disputes.
• Inconsistency risk: Deletions may leave references to provisions that no longer exist or may affect how remaining clauses operate.

AI Training and Customer Data

The provided diff does not show the deleted text, so it is impossible to determine whether the document’s treatment of customer data for AI training has changed.

In particular, the available information does not establish whether the deletion:

• Permits or restricts using customer data to train, fine-tune, or improve AI models;
• Changes whether customer data, prompts, outputs, or usage data may be used for training;
• Removes consent, opt-out, or customer-approval requirements;
• Changes whether data must be anonymized, aggregated, or de-identified;
• Expands the provider’s rights to retain or reuse customer data after termination; or
• Alters confidentiality, security, intellectual-property, or ownership protections relating to AI-generated outputs or training data.

Recommended Review

Obtain the redlined text or the prior and revised versions of the document. The deleted provisions should be specifically reviewed for references to:

• “train,” “training,” “improve,” or “fine-tune”;
• Customer data, prompts, inputs, outputs, telemetry, or usage data;
• Aggregated, anonymized, or de-identified data;
• Model development, machine learning, or artificial intelligence;
• Consent, opt-out, deletion, retention, confidentiality, and ownership.

Without the actual deleted language, no reliable conclusion can be reached about whether customer data may now be used to train AI models.