Specific Terms and Conditions for Nelio Session Recordings Service

Last Update: April 12, 2024.

Nelio Software, S.L. (“Nelio”) will provide the Nelio A/B Testing Service (the “Service”), described in Section 1 below, subject to (i) the general terms and conditions applicable to all Nelio’s services (see Common Terms & Conditions for Nelio services) (the “Common T&C”) and (ii) the specific terms and conditions described below (the “Specific Session Recordings T&C”). The Service is attached to the License (as defined below) distributed by FastSpring, as Nelio’s distributor. Those who contract (the “Customer”) the License will benefit from the Service and agree to be bound to the Common T&C and the Specific Session Recordings T&C. Both the Common T&C and the Specific Session Recordings T&C are referred to as the “Session Recordings T&C”. The Customer should review the Session Recordings T&C prior to contracting the License and the Service from Nelio.

The contents of the page Nelio Legal Information, Privacy Policy & Cookies and Common Terms and Conditions for Nelio Services within the Nelio Software website will form part of the Session Recordings T&C.

1. Purpose

The contracting and acceptance of the Session Recordings T&C will entitled the Customer to the following:

(i) a non-exclusive, non-assignable and limited license (the “License”) to use a version of the Nelio Session Recordings plugin for WordPress® developed, owned and operated by Nelio (the “Plugin”) in a website. The Plugin is distributed by FastSpring, as a reseller. The Plugin extends WordPress© and allows the Customer to record site visitor sessions and play them back based on the data collected. In this way, Nelio Session Recordings helps the Customer to understand the behavior of visitors on their website. The detailed features and advantages of the Plugin are described on this website (click here).

(ii) a support service via email related to installation and administration of the Plugin within WordPress® and the License.

2. Contracting Form and Pricing

The Service is contracted through a subscription offered by Nelio and reselled by FastSpring for the term, conditions and prices described in this website (click here) and the FastSpring® Terms & Conditions of Sale for Purchasers.

FastSpring is a platform specialized in safe and secure online sales, which complies with existing privacy and security regulations and operates as a reseller of our products and services. All payments for the Service will be made through FastSpring.

The Customer’s subscription License, regardless of the number of monthly session recordings contracted, is for personal use only. Rights granted under the License cannot be used for the Customer’s customers or third party sites or by third parties. If the Customer’s customers or any other third persons wish to have all or part of the rights granted under the License, they should contact Nelio 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.

Nelio will be entitled to deactivate the Plugin, without further notice to the Customer, in case of breach by the Customer of the A/B Testing T&C or of the applicable laws. Unlicensed users and facilitators of said non-authorized use will also be liable for damages.

3. Delivery of the Plugin

After first payment for the License and the Service (see Common Terms and Conditions for Nelio Services for further details), the Customer will receive an email that includes a customized URL to manage the Customer’s subscription account. The Customer will receive a second email that includes the Customer’s Service Key. The Customer may download the Plugin and follow the instructions described in this website (click here) to install it and activate the License and the availability of the Service.

In case the Customer has any questions or need support, it should contact Nelio by email to support@neliosoftware.com or through Nelio’s Contact page.

4. Subscription

Any subscription for the License and the Service will be automatically renewed at the end of the respective contracted term (unless otherwise expressly notified in writing by the Customer), and the relevant payments will also be effected through FastSpring, as reseller.

If, within 30 days of the first subscription payment, the Customer decides not to continue with the subscription for the License and the Service, upon the Customer’s express and written request within said 30-day term, Nelio will refund the full price the Customer paid. For this, the Customert should contact Nelio by sending an email to support@neliosoftware.com or through Nelio’s Contact page. and let Nelio know the Customer would like a refund. No refunds will be made after the 30th day following the date of subscription, except in case of billing errors caused by Nelio.

If the Customert wishes to cancel the License and Service, and therefore the subscription (other than within the 30-day terms described in the previous paragraph), then the Customer will have to visit the Customer’s personalized URL (as described in paragraph 3 (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 the Customer’s subscription payment is automatically effected by lack of effecting a cancellation instruction, it will be deemed that the Customer has accepted the extension of the License and the Service for a term identical to the previous contracted one. Nelio reserves the right to refuse the continuity of the rights under the License and the Service and to cancel the Customer’s subscription and revoke the License and stop the Service for any reason with a 48-hour pre-notice. In this case, Nelio will refund the Customer an amount equivalent to the part of the price for the contracted term proportional to the remaining part of the contracted term.

The Customer 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. The Customer may not use Nelio’s product images, logos, brand, trademarks or other of Nelio’s intellectual and industrial property rights without express written permission.

5. Information Gathered by the Plugin

The main feature of the Plugin is that it allows recording site visitor sessions and replaying them a posteriori based on the collected data. In order to facilitate the playback of these recordings, the Plugin passively collects information gathered by analyzing page views and user navigation, through cookies and other analytics.

Which Are The Data We Store Precisely With Cookies?

The minimum amount of data we need to record visitors to the Customer’s site. When the user accesses the Customer’s site, a cookie is created with a random and completely anonymous session identifier. This guarantees the correct functioning of Nelio Session Recordings, ensuring that the actions of a given visitor always go to the same session (provided that cookies are enabled).

From that moment on, every time the user performs an action that is relevant (such as visiting a given page, making cursor movements, clicking on an element or submitting a form), an event is sent to the Nelio cloud informing that an action has occurred in a given session. This information is completely anonymous and cannot be linked in any way to any user.

Nelio Session Recordings uses the following cookies:

  • neliosrSession stores the session of a particular visitor.
  • neliosrParticipation stores whether the session of a particular visitor is recorded or not.

Some Examples of These Data

When a user visits a certain page, we store a simplified version of the HTML code of the page they visited. We also store a timestamp of when this page view occurred.

When a visitor clicks on a certain page element, we store the click event (similar to the page view event). This event is anonymous and only contains generic information about the user’s browser or operating system.

When a visitor fills out a form, we synchronize this action with the Nelio cloud without passing the values of the form fields. All data post fields are anonymized, so their values are not synchronized with the Nelio cloud.

From the perspective of the Customer’s visitors, no sensitive information is stored for the individuals stored. From the Customer’s perspective, this is what we store:

  • The recordings that were executed in the past: their ID, the time they occurred, the actions performed by the visitor and other data.
  • The URL of the site where the plugin was or is installed.

How Long Do We Store The Data?

Currently, visitor recordings are stored for a maximum period of one year from the time of their creation.

As for other data, we don’t delete the data unless (a) our subscribers ask us to do it or (b) if we need to for internal reasons, and then we delete data older than 6 months.

For What purpose Do We Use The Data?

We use the data we have to create recordings of visitors to our subscribers’ sites.

The Customer will be solely responsible to comply with all applicable laws and will take any relevant actions, deliver notices and obtain any permits or consents that may be required for their use of the Plugin, the License and the benefit of the Services.