Last update: August 23, 2022.
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”) and (ii) the specific terms and conditions described below (the “Specific Popups T&Cs”). The Service is linked to the License (defined below) distributed by FastSpring, as Nelio’s distributor. By contracting the License, you (“Client”) will be able to benefit from the Service and agree to submit and be bound by the Common T&C and the Specific Popups T&C. The Common T&C and the Specific Popups T&C are collectively referred to as the “Popups T&C”. The Client should review the Popups T&C prior to contracting the Nelio License and Service.
The contracting and acceptance of the Popups T&C will entitle the Client 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 Client, 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 can be contracted exclusively through a subscription offered by Nelio subject to the terms, conditions and prices described on this website. FastSpring operates as the distributor of the License and the Services.
Client’s Subscription License is for personal use only. Rights granted under the License may not be used for Client’s clients or third party sites or by third parties. If Client’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 Client, in case of breach by the Client of the Content 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 the first payment of the License and the Service (see Common Terms and Conditions for Nelio Services, for more details), the Client will receive an email that includes a customized URL to manage the Client’s subscription account. The Client will receive a second email that includes the registration key for the Client’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. In the event that the Client has any questions or needs support, they should contact Nelio by email at firstname.lastname@example.org or through the form found on the Contact Page.
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 Client), and the relevant payments will also be effected through FastSpring, as reseller.
If within 30 days of the first subscription payment, the Client decides not to continue with the subscription for the License and the Service, upon the Client’s express and written request within said 30-day term, Nelio will refund the full price the Client paid. For this, the Client should contact Nelio by sending an email to email@example.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.
If the Client 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 Client visit the Client’s personalized URL (as described in paragraph 3 (Delivery of the Plugin) where the Client 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 Client’s subscription payment is automatically effected by lack of effecting a cancellation instruction, it will be deemed that the Client 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 Client’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 Client an amount equivalent to the part of the price for the contracted term proportional to the remaining part of the contracted term.
The Client 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 Client may not use Nelio’s product images, logos, brand, trademarks or other of Nelio’s intellectual and industrial property rights without express written permission.