Last Update: April 29, 2024.
Nelio Software, S.L. (“Nelio”) will provide the Nelio Session Recordings 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”), (ii) the specific terms and conditions described below (the “Specific Session Recordings T&C”), (iii) the Privacy Policy and Cookies, and (iv) the Data Processing Agreement (the “DPA”).
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, the Specific Session Recordings T&C, the Privacy and Cookies Policy and the DPA. These documents are collectively referred as the “Session Recordings Agreement”. The Customer should review the Session Recordings Agreement prior to contracting the License and the Service from Nelio.
1. Purpose
The contracting and acceptance of the Session Recordings Agreement 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 Session Recordings Agreement 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, subject to the Session Recordings Agreement.
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
Renewal
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.
Refund
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.
Cancellation
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.
Restrictions
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.
