Common Terms and Conditions for Nelio Services

Last Update: April 12, 2024.

Company Details

Corporate Name: Nelio Software, S.L.
Corporate Domicile: C/ Pomaret 83, 08017 Barcelona
EU-VAT Number: ESB66034794
Registry Data: Barcelona Companies Registry, Volume 43802, Book 0, Sheet 91, Page B 438690

Nelio Software, S.L. (“Nelio”) will provide the services it offers (the “Services”) in accordance with (i) the general terms and conditions described below (the “Common T&C”), (ii) the specific terms and conditions applicable to each Service (see Nelio Legal Information) (the “Specific T&C”), and (iii) the data processing agreement (see Data Processing Agreement) (the “DPA”). Those who contract (the “Customer“) any Services agree to be bound to the Common T&C and to the applicable Specific T&C. Both the Common T&C and the Specific T&C are referred to as the “T&C”. The Customer should review the applicable T&C prior to contracting Services from us.

The contents of the page Nelio Legal Information, Privacy Policy and Cookies of this website will form part of the T&C.

Updated T&C

Nelio may revise the T&C from time to time. The most current version of the T&C will be published on Nelio’s website. Any new T&C will apply from the date of their publication in this website. For subscriptions to services 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 (as elected by the Customer), if renewed.

Common T&C

All the Services will be subject to the following Common T&C.

1. Contracting Form & Payment Method

The Services may be contracted and paid subject to the applicable Specific T&C described in the websites they are offered, respectively (see Nelio Legal Information for further details).

2. Scope of Services

The Services do not include services not described in the respective Specific T&C, and in particular the following support:

  • Fixing compatibility issues with the Customer’s server and devices. In the WordPress website case, the Customert may run WordPress® in many different types of servers and, even though Nelio tries that the Services work with any environment, some compatibility problems may remain.
  • Fixing compatibility with third party softwares.
  • Adding features to the Services. Nelio will take seriously all suggestions but does not undertake their implementation not specifically provided for the relevant Service.

3. Notifications

Nelio may send the Customer email notifications related to the Services. These notifications may relate to licensing changes, changes to the T&C, expiration notices or other matters.

4. Price Changes

Nelio may change the Services’ prices at any time. A change of a price in respect of the Services performed for the Customers benefit will automatically take effect only at the end of the Customer then contracted term and provided that the Customer has not cancelled the Services. Nelio will provide the Customer with reasonable notice of any such pricing changes by posting the new prices on Nelio’s Sites and/or by sending the Customer an email notification. If the Customer does not wish to pay the new price for the new term, the Customer may cancel the Services with effect as of the end of the Customer then contracted term.

5. Warranty

The WordPress plugins offered in some of the Services will function on a clean installation of the last current version of WordPress® with the standard theme. Nelio has tested the plugins with a large range of browsers. However, Nelio does not guarantee it will function with each and all of them available in the market or with 3rd party plugins. Nelio is not responsible for any plugin compatibility conflicts that may occur.

Regarding other software developed by Nelio, Nelio has tested it with a large range of specific environments. However, Nelio does not guarantee it will function with each and all of them available in the market or with 3rd party softwares. Nelio is not responsible for any software compatibility conflicts that may occur.

It is Nelio’s policy however to (i) provide commercially reasonable support in relation to our software and in relation to third party software conflicts, at Nelio’s discretion and with no guarantee and (ii) make commercially reasonable efforts to future-proof the software in the manner Nelio deems appropriate, in a variety of ways, so that they remain compatible with future versions of WordPress® or the environment in which are used. Nelio does not guarantee that the softwares will remain functional in all future versions of WordPress®, or browsers or other third-party programs since this is beyond Nelio’s control.

6. Limitation of Liability

Under no circumstances, and even if informed thereof by the Customer or any third party, will Nelio 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.

Nelio’s aggregate liability amount for any reason for any Service, including for a breach under the relevant contract (except in case of bad faith or wilful misconduct) will be limited to an amount equivalent to the price payable by the Customer for the relevant license and/or Service for the contracted term.

7. Indemnity

By contracting a Service, the Customer represents and warrants (i) to be entitled to use and publish the content of the Customer’s site(s) and social networks and that said use and publication do not infringe any rights of third parties, including industrial and intellectual property rights, and (ii) that the Customert and its website(s) and social networks fully comply with public order and applicable laws, including without limitation, regulations on advertising (including electronically and online advertising), telecommunications, data protection/privacy and protection of consumer and user rights and that the Customer’s website(s) and social networks does not have any content that promotes illegal activities.

The Customer will held harmless and indemnify Nelio, FastSpring (as distributor) and their 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 the Customer submits, posts, transmits or otherwise makes available through the use of the plugins offered in the relevant contracted Service or otherwise; (iii) the Customer violation of any third party rights; and (iv) the breach of the T&C.

8. Free Services

If Nelio gives the Customer the right, directly or indirectly, to one of Nelio’s free Services (the “Free Access Service”), then the Customer may benefit from the Service but said benefit will also be subject to these T&C for the specific period the Customer is entitled to have said access. Nelio may terminate or immediately suspend the Customer’s Free Access Service at any time, at Nelio’s full discretion and for any reason without liability or any obligation to pay any compensation or make any payment to the Customer. The Free Access Service may not be complete or fully functional and may contain bugs, errors, omissions and other problems. Notwithstanding any provision of the T&C to the contrary, with respect to the Free Access Service, Nelio (i) gives no warranty; (ii) will not be obliged to pay any indemnity or compensation of any type or for any reason, and (iii) will not be obliged to provide any support, service nor be subject to any obligation related thereto.

9. Notices

Any notice between Nelio and the Customer will be sent by electronic means to the following email addresses:

  • Nelio:
  • The Customer: the email address provided by the Customer when registering its data as contractor of any of the Services.

10. Legal Regime

This contract will be deemed for all purposes as a commercial agreement between two business entities for the granting of a license t and/or the provision of a Service or Services; and will not constitute any labor relationship, shareholders agreement or joint venture between Nelio and the Customer.

11. Applicable Law

This contract and its performance will be governed by Spanish law (without application of conflict of law rules).

12. Jurisdiction

Any dispute between Nelio and the Customer arising from the interpretation or performance of this contract will be subject to the jurisdiction of the Courts and Tribunals of the City of Barcelona (Spain).