Last Update: May 18, 2018.
Nelio Software, S.L. (“Nelio”) will provide the Nelio Content Service (the “Service”), described in Section 1 below, subject to (i) the common terms and conditions applicable to all Nelio’s services (see Common Terms and Conditions for Nelio Services) (the “Common T&C”) and (ii) the specific terms and conditions described below (the “Specific Content 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 Content T&C. Both the Common T&C and the Specific Content T&C are referred to as the “Content T&C”. The Client should review the Content T&C prior to contracting the License and the Service from Nelio.
The contracting and acceptance of the Content T&C will entitle the Client to the following:
(i) a non-exclusive, non-assignable and limited license (the “License”) to use a version of the Nelio Content 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 Client, within WordPress® development environment, to greatly simplify or even completely automate several tasks that publishers and bloggers perform. Detailed features and advantages of the Plugin are described in this website.
(ii) a support service via email related to installation and administration of the Plugin within WordPress®.
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. FastSpring operates as the distributor of the License and the Services.
The type of plan, either Monthy or Yearly, to which subscribe is specified (i) on the checkout payment the first time the Client subscribes to the Service, or (ii) through the Dashboard of the Plugin, where the Client can modify said type of plan.
The Client’s subscription License 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 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 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. This email includes also the Client’s Service Key. The Client may download the Plugin and follow the instructions described on 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 Service Support 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 Service Support 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 (i) visit the Client’s personalized URL (as described in paragraph 3 (Delivery of the Plugin)) or (ii) visit the Dashboard of the Plugin, where the Client can modify or cancel the subscribed plan and, in any of the two previous cases, 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.