Nelio Software, S.L. (referred as “we” or “us”, as appropriate) shall provide the Nelio A/B Testing Service (the “Service”), including the services described in Section 1 below, and subject to the following terms and conditions (the “T&C”). The Service is attached to the License (as defined below) distributed by FastSpring, as our distributor. Those who contract (referred as “you” or “your”, as appropriate) the License shall benefit from the Service and agree to be bound to the T&C. You should review the T&C prior to contracting the License and the Service from us.
0. Updated T&C
We may revise these T&C from time to time. The most current version of the T&C will be published on our website. Any new T&C will apply from the date of their publication in this website. For subscriptions ordered on or before the last update of the T&C, the new T&C will apply from the date of the renewal of the current subscription period, if renewed.
DATE OF LAST UPDATE OF T&C: JULY 7, 2015
Link to previous version: Old Terms & Conditions
The contracting and acceptance of these T&C shall entitle to the following:
(i) a non-exclusive, non-assignable and limited license (the “License”) to use a version of a WordPress® plugin developed, owned and operated by us (the “Plugin”) and distributed by FastSpring, as a reseller. The Plugin extends WordPress® and allows you, within WordPress® development environment, to design and execute A/B and multi-variance testing experiments and, based on the results which are collected and analysed in our own servers, to change the tested site. Additional features and advantages of the Plugin are described in this website (click here).
(ii) a support service via email related to installation and administration of the Plugin within WordPress®.
2. Contracting form and pricing
The Service may exclusively be contracted through a subscription offered by us for the term, conditions and prices described in this website (click here). FastSpring operates as the distributor of the License and the Services.
General contracting: Your subscription License either for the Basic or the Professional Plan is for personal use only. Rights granted under the License cannot be used for your customer or third party sites. If your clients or customers or any other third persons wish to have all or part of the rights granted under your License, they should contact us and acquire the rights for their own License and Service account and only then will they be entitled to use the granted rights and Registration Number for their respective own sites
Special conditions for the Agency Plan license: the Agency Plan license for web agencies entitles such agencies to purchase a number of licenses to use in various persons’ sites as specifically agreed on a case by case basis with us.
We shall be entitled to deactivate any sites in breach of our licenses. Unlicensed users and facilitators of said non-authorized use shall be liable for damages.
3. Payment Method
Payment shall be effected through FastSpring (a platform specialised in safe and secure internet sales, compliant with PCI and that employs Verisign SSL Certificates), which accepts Paypal and all major credit cards.
4. Delivery of the Plugin
You shall receive an email that includes a customized URL to manage your subscription account. You shall receive a second email that includes your Service Key. You may download the Plugin and follow the instructions described in this website (click here) to install it and activate the License and the Service. In case you have any questions or need support, please contact us by email to firstname.lastname@example.org or through our Support Portal.
5. Scope of Service
The License to use the Plugin is granted ‘as is’ (with its own features and omissions). This does not guarantee that it will function with all 3rd party components, themes and plugins.
The Service does not include services not described in the T&C, and in particular the following support:
– Fixing compatibility issues with your server. You may run WordPress® in many different types of servers and, even though we try that the Plugin is compatible with any environment, some compatibility problems may remain.
– Fixing compatibility with other plugins and themes.
– Fixing custom themes.
– Adding features to the Plugin. We will take seriously all suggestions but do not undertake their implementation.
– Fixing bugs in the Plugin. If you find a bug in the Plugin, we will add it to the bug-fix queue and work on it. We will work with you to find a sensible temporary solution and will let you know as soon as it’s fixed, but can’t guarantee any schedule.
6. Updates of the Plugin
Updates may be released to fix bugs or compatibility issues or to add features. Updates will be automatically delivered from the WordPress® dashboard.
We may send you email notifications related to the Service. These notifications may relate to licensing changes, changes to the T&C, expiration notices or other matters.
8. Price Changes
We may change our License and Service prices at any time. A change of a price in respect of the License granted to you and the Service performed for your benefit will automatically take effect only at the end of your then contracted term and provided that you have not cancelled the License and the Service. We will provide you reasonable notice of any such pricing changes by posting the new prices on our website and/or by sending you an email notification. If you do not wish to pay the new price, you may cancel the License and the Service with effect as of the end of your then contracted term.
All subscriptions for the License and the Service will be automatically renewed at the end of the respective contracted terms, and the relevant payments shall also be effected through FastSpring, as reseller.
If you decide that your subscription for the License and the Service was not the right decision, within 30 days of the first subscription payment, we will refund the full price you paid upon request. Simply contact us by sending an email to email@example.com or through our support portal and let us know you’d like a refund, with a clear explanation of why you’re not happy. No refunds are provided after more than 30 days following purchase.
If you wish to cancel your License and Service, and therefore your subscription, then you will have to visit your personalized URL (as described in paragraph 4 (Delivery of the Plugin)) and instruct the cancellation at least 48 hours before the end the contracted term. No exceptions will be made in this regard and, if your subscription payment is automatically effected by lack of effecting a cancellation instruction, it will be deemed that you have accepted the extension of the License and the Service for a term identical to the previous contracted one. After the 30-day of the first subscription payment, no refunds whatsoever will be made for scheduled subscription payments, except in case of billing errors caused by us. We reserve the right to refuse the continuity of the provision of the License and the Service and to cancel your subscription and revoke the License for any reason with a 48 hours pre-notice. In this case, we will refund you an amount equivalent to the part of the price for the contracted term proportional to the remaining part of the contracted term. You may not resell, transfer, assign, publish or otherwise share or make available to any third party any right, credentials or access, directly or indirectly, related to the License and the Service. You may not use our product images, logos, brand, trademarks or other of our intellectual and industrial property rights without express written permission
The Plugin shall function on a clean installation of the last current version of WordPress® with the standard theme. We have tested the Plugin with a large range of browsers. However, we do not guarantee it will function with each and all of them available in the market or with 3rd party plugins. We are not responsible for any plugin compatibility conflicts that may occur.
It is our policy however to (i) provide commercially reasonable support in relation to the Plugin and in relation to third party plugin conflicts, at our discretion and with no guarantee and (ii) make commercially reasonable efforts to future-proof the Plugin, in a variety of ways, so that it remains compatible with future versions of WordPress®. Of course, there are exceptions, and we do not guarantee that the Plugin will remain functional in all future versions of WordPress®, which are beyond our control.
11. Limitation of Liability
Under no circumstances, and even if informed thereof by you or any third party, shall we or FastSpring (as distributor) be liable for (i) loss of, or damage to, data; (ii) special, punitive, incidental, consequential or indirect damages, or (iii) lost profits, business, revenue, goodwill or anticipated savings.
Our aggregate liability amount for any reason under this contract including for its breach (except in case of bad faith or wilful misconduct) shall be limited to an amount equivalent to the price payable by you for the License and the Service for the relevant contracted term.
The Plugin is provided and is under the GPL 3.0 license. Read (click here) for more information.
You represent and warrant to be entitled to use and publish the content of your site or sites and that said use and publication do not infringe any rights of third parties, including industrial and intellectual property rights and (ii) that you and your website fully comply with public order and applicable laws, including without limitation, regulations on advertising (including electronically and online advertising), telecommunications, data protection, protection of consumer and user rights and privacy and that your website do not have any content that promote illegal activity.
You shall held harmless and indemnify us, FastSpring (as distributor) and our respective affiliated companies, directors, employees, agents and representatives from any indirect and direct damages, losses and penalties of any type (including legal costs) resulting from (i) the breach of the above representation or breach of law; (ii) any content you submit, post, transmit or otherwise make available through the use of the Plugin or otherwise; (iii) your violation of any third party rights; and (iv) the breach of the T&C.
14. Information gathered through cookies by the Plugin
The main feature of the Plugin is that it allows to design and execute A/B and multi-variance testing experiments and to change the tested site based on the results of the experiments. In order to provide the results of these experiments, the Plugin passively collects information gathered by analysing page views and user navigation through cookies and other analytics. In particular, it collects information about the elements (pages and post) being tested and the number of visits and conversions made in such elements. The information is collected aggregately and does not attempt to identify individual visitors through such analysis. The information is obtained directly from the user’s web browser by using cookies. Cookies are small text files sent from a website to the hard drive of a user’s computer to store bits of information related to that user, such as IP addresses, navigational data, server information and user preferences. Users may configure their Internet browser to notify them when a cookie is sent (giving the user the option to decide whether to accept it or not), and to reject or remove cookies. To disable cookies, users should consult their browser’s help section for instructions. Note that, the results of experiments will never include any information of user’s web browser with cookies disabled.
We do NOT track any personal or user information. Data are not sold or shared with any third party and are only used for statistical and support related requirements.
The contents of the page Cookies & Privacy of this website shall form part of the T&C. You expressly authorize us to use your data as means of communication to contact you to inform of products and services commercialized by us or of any of our activities or news.
We shall not share or transfer your email addresses to third parties without your consent.
16. Free Services
If we give you the right, directly or indirectly, to a free or unsubscribed access subscription (the “Free Access Subscription”) to the Service, then you may use the Service but said use will also be subject to these T&C for the specific period you are entitled to have said access. We may terminate or immediately suspend your Free Access Subscription at any time, at our full discretion and for any reason without liability or any obligation to pay any compensation or make any payment to you. The Free Access Subscription may not be complete or fully functional and may contain bugs, errors, omissions and other problems. Notwithstanding anything in these T&C to the contrary, with respect to the Free Access Subscriptions, we (i) give no warranty; (ii) will not be obliged to pay any indemnity or compensation for any type or for any reason, and (iii) will not be obliged to provide any support, service nor be subject to any obligation.
17. Identification of clients and marketing of Service.
For the exclusive purpose of us to properly sell, advertise and market the services it renders from time to time (and in consideration for the rendering of the Service by us), you expressly authorize and grant us the right to use, edit, publish, copy and reproduce your name, trademarks and logos (or other intellectual property rights that identify you), as modified from time to time, in paper, media, electronically or in any other format to identify you as a client of us and the content of the Service. You represent that you are fully entitled under applicable law to grant these authorization and rights under the above terms.
18. Legal regime
This contract shall be deemed for all purposes as a commercial agreement between two business entities for the granting of the License that includes the provision of the Service by us; and shall not constitute any labour relationship, shareholders agreement or joint venture between you and us.
19. Applicable law
This contract and its performance shall be governed by Spanish law (without application of conflict of law rules).
Any dispute between you and us arising from the interpretation or performance of this contract shall be subject to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).