Last Update: May 18, 2018.
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 A/B Testing T&C”). The Service is attached to the License (as defined below) distributed by FastSpring, as Nelio’s distributor. Those who contract (the “Client”) the License will benefit from the Service and agree to be bound to the Common T&C and the Specific A/B Testing T&C. Both the Common T&C and the Specific A/B Testing T&C are referred to as the “A/B Testing T&C”. The Client should review the A/B Testing T&C prior to contracting the License and the Service from Nelio.
The contracting and acceptance of the A/B Testing T&C will entitled the Client to the following:
(i) a non-exclusive, non-assignable and limited license (the “License”) to use a version of the Nelio A/B Testing plugin for WordPress® developed, owned and operated by Nelio (the “Plugin”) in a number of websites. The Plugin is distributed by FastSpring, as a reseller. The Plugin extends WordPress® and allows the Client, within WordPress® development environment, to design and execute A/B and multi-variance testing experiments and, based on the results which are collected and analyzed in Nelio’s servers, to change the tested site. Detailed features and advantages of the Plugin are described in 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 may exclusively be contracted through a subscription offered by Nelio for the term, conditions and prices described in this website (click here). FastSpring operates as the distributor of the License and the Services.
The Client’s subscription License either for the Basic, Professional Plan or the Enterprise Plan is for personal use only. Rights granted under the License cannot be used for the Client’s customers or third party sites or by third parties. If the Client’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 Client, in case of breach by the Client 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 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 Client’s Service Key. The Client 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 Client has any questions or need support, it should contact Nelio by email to firstname.lastname@example.org or through Nelio’s Support Service 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 Nelio’s Support Service page and let Nelio know the Client 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 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 will have to visit the Client’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 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.
5. Information Gathered Through Cookies by the Plugin
The main feature of the Plugin is that it allows to design and execute A/B and multi-variance testing experiments and to change the tested site based on the results of the experiments. In order to provide the results of these experiments, 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 run your tests. Whenever a user accesses a tested page in your site, they’re assigned a random ID that is stored in a cookie in their browser (along with a few more cookies that we use to “remember” which variation that user is supposed to see from that moment on). From that moment on, every time the user performs an action that is relevant to your experiment (such as visiting a certain page or submitting a form), we store that information. This information is completely anonymous. In other words, we never know who did what since we only have a random ID assigned to a user; and that information is never linked to user’s profile information (we don’t have it nor collect it). See more details on: Cookies stored by Nelio A/B Testing.
Some Examples of These Data
When a user visits a certain page, we store the ID of the page they visited and the ID of the variation they saw (assuming it’s a tested page). We also store the page they come from, if available. And, obviously, a timestamp of the moment in which this page view occurred.
When a visitor clicks on a certain element of the page, we store the click event (similar to the page view event). In this case, however, we store an ID that identifies the element clicked (instead of a page ID).
When a visitor submits a form (which has to be an instance of Gravity Forms or Contact Forms 7), we store the ID of said form in your WordPress site (together, again, with the ID we generated for the user and the timestamp). In this case, we do not store any of the submitted fields.
Therefore, from your visitors’ perspective, there’s no sensitive information for individuals stored.
From a subscriber’s perspective, this is what we store:
- The experiments they run in the past or are currently running: its name, description, IDs of the variations (the variation itself is stored in your WordPress server), and other data.
- A summary of the results: conversions, page views, ratios, and other data.
- The URL of the site in which the plugin was or is installed.
How Long Do We Store The Data?
Currently, we don’t delete the data unless (a) our subscribers asks 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 run your tests. From time to time, though, we might take a look at the kinds of experiments our customers have run and get some insights to help us determine what’s more useful to our customers: for example, number of experiments run, their kind or success/failure ratio.
In particular, it collects information about the elements (pages and post) being tested and the number of visits and conversions made in such elements. The information is collected aggregately and does not attempt to identify individual visitors through such analysis. The information is obtained directly from the user’s web browser by using cookies.
The Client 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.