Our partners occasionally ask whether an action is legal – “Can we reuse this photo?” or “Are we allowed to sell CBD in California?” Because Automattic’s legal team does not represent our partners, we cannot provide legal advice on their behalf. Our legal team is there to weigh in on matters whenever a question directly pertains to Automattic. Instead, in partner communication we should focus on guiding the project, recognizing if liability shift towards Automattic, and asking partners to connect with qualified counsel.
What we do
- Identify risk together with the partner. If a question touches copyright, privacy, regulated products, or similar issues, we flag it and outline next steps.
- Escalate to legal when our work might create liability for Automattic. If our work goes beyond what is covered in the host’s ToS. ███████████████.
- Keep the partner empowered. We explain why legal review is important and invite them to share guidance from their counsel so we can implement it smoothly. Pressable or WordPress.com Terms of Service can also answer numerous questions relating to copyright, prohibited content, and privacy.
What we don’t do
- Declare that a use of copyrighted material is “safe.”
- Confirm a product’s legality in any jurisdiction.
- Assume liability on the partner’s behalf.
When to consult our legal team
- Unclear intellectual-property ownership.
- Site features that collect sensitive data under strict regulations.
- For sites features that enable the sale of regulated products or services (CBD, marijuana, gambling, etc), consult the host’s and payment provider’s ToS before escalating to legal.
- Requests that might shift legal responsibility to Automattic.
Resources
- Pressable ToS
- Pressable Site Guidelines (prohibited content)
- WordPress.com ToS
- WordPress.com User Guidelines (prohibited content)
- WordPress.com Store Guidelines (prohibited content)
- ███████████████
- Handbook Page on NDAs
- ███████████████
Predef Partner Replies
Below are some helpful predefs to guide your conversations around some of the common questions we get. Remember to tailor it to the partner and project.
Copyright question
Hi [name],
Thanks for sharing your concerns about the images. Because we’re not able to provide legal opinions, the best next step is to confirm usage rights and consult with your host’s Terms of Service [Pressable ToS, WordPress.com ToS] and your legal counsel. Once you have their guidance, we can update the site so that it aligns with their recommendations. Let us know if a quick call would be helpful.
CBD regulations
Hi [name],
Regulations around CBD differ by state, so a local attorney is the ideal resource here. Your host and payment provider should also have documentation in their Terms of Service that discusses hosting and selling regulated products [Pressable ToS, WordPress.com ToS]. When you have their recommendations (e.g., age gate, disclaimers), please let us know, and we’ll integrate any changes we need to make into the site and timeline.
General legal inquiry
Hi [name],
Thank you for raising this concern. Unfortunately, we’re not able to provide legal opinions, so the best next step is to consult with a legal professional. If it helps, we’re happy to collaborate directly with them so their recommendations translate smoothly into site updates and timelines.
Let us know how you’d like to proceed or if there’s anything else we can clarify.
