Specific Terms and Conditions for Nelio Popups Service

Last update: April 30, 2024.

Nelio Software, SL (“Nelio”) will provide Nelio Popups services (the “Service”), described below in Section 1, subject to (i) the terms and conditions applicable to all Nelio services (see Common Terms and Conditions for Nelio Services) (the “Common T&Cs”), (ii) the specific terms and conditions described below (the “Specific Popups T&Cs”), (iii) the Privacy Policy and Cookies, and (iv) the Data Processing Agreement (the “DPA”).

The Service is linked to the License (defined below) distributed by FastSpring, as Nelio’s reseller.

Those who contract (the “Customer”) the License will benefit from the Service and agree to be bound to the Common T&C, the Specific Popups T&C, the Privacy and Cookies Policy and the DPA. These documents are collectively referred as the “Popups Agreement”. The Customer should review the Popups Agreement prior to contracting the License and the Service from Nelio.

1. Purpose

The contracting and acceptance of the Popups Agreement will entitle the Customer to the following:

(i) a limited, non-exclusive and non-transferable license (the “License” to use a version of the Nelio Popups plugin for WordPress© developed, owned and operated by Nelio (the “Plugin”) on a website. The Plugin is distributed by FastSpring, as distributor. The Plugin extends WordPress© and allows the Customer, within the WordPress development environment, to greatly simplify or even completely automate many of the tasks that publishers and bloggers perform to design and display popups on their websites. Detailed features and advantages of the Plugin are described on this website.

(ii) an email support service related to the installation and administration of the WordPress© Plugin 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.

Customer’s Subscription License is for personal use only. Rights granted under the License may not be used for Customer’s customers or third party sites or by third parties. If Customer’s customers or any other third party 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 rigths and the Registration Numbers 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 Popups 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 the first payment of the License and the Service (see Common Terms and Conditions for Nelio Services, for more 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 registration key for the Customer’s account and a link to a URL where the Plugin can be downloaded to install it and activate the License and availability of the Service, subject to the Forms Agreement.

In the event that the Customer has any questions or needs support, they should contact Nelio by email at support@neliosoftware.com or through the form found on the 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 Customert paid. For this, the Customer should contact Nelio by sending an email to support@neliosoftware.com or through the form found on the Contact Page to request a refund from Nelio. No refunds will be made after 30 days from the subscription date, except in case of billing errors caused by Nelio.

Cancellation

If the Customer 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 visit the Customer’s personalized URL (as described in paragraph 3 (Delivery of the Plugin) where the Customer can cancel the subscription and request cancellation, at least 48 hours before the end of 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.