Introduction
By using this cookie consent management tool, including the Plugin for WordPress (the “Plugin”), and the Additional Services (as defined below), (collectively the “Tool”), you agree to comply with these terms and conditions. If you do not understand and/or agree to these terms, you should immediately cease making any use of the Tool.
“Elementor” means Elementor Ltd., including our subsidiaries and affiliates worldwide (“Elementor”, “we”, “our” or “us”).
These terms and conditions govern the stand alone, separate and independent Additional Services provided by Elementor, including but not limited to the subscription-based services, such as, logging service, the geotargeting service, customer support, and any other value-added services (collectively, the “Additional Services“).
The Plugin, as a separate, independent and stand alone code, operates under the terms of the GPLv3 license. Please refer to the full text of the GPLv3 license, available at https://www.gnu.org/licenses/gpl-3.0.html, for a comprehensive understanding of your rights and responsibilities when using the Plugin.
Eligibility
When registering for our Tool, we may authenticate your identity through different third-party services and may require additional identification. Our Tool is intended for use by users of at least eighteen (18) years old. If you register for our Tool, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to our Tool.
Feature descriptions
The Tool is a technical tool for cookie consent management integrated within the Elementor platform, designed to assist website owners (the “Customer”) in managing disclosure and consent obligations regarding cookies on their websites. The Tool may include the following core functionalities, that may be changed and updated from time to time:
- Cookie Consent Banner Display: The Tool displays a consent banner to the Customer’s website visitors, adapted to the relevant regulatory regime, an explicit consent model (Opt-In) for visitors from regions subject to the GDPR (such as the EU and the UK), and an opt-out model for visitors from other regions, as applicable.
- Cookie Preferences Management Screen: The Tool enables website visitors to manage their preferences regarding various cookie categories (Essential, Performance/Analytics, Functional, and Marketing/Targeting) through a dedicated user interface.
- Geotargeting: The Tool identifies the approximate geographic location of website visitors and adjusts the legal behavior (Opt-In or Opt-Out) accordingly.
- Privacy Signal Detection (GPC): The Tool detects Global Privacy Control (GPC) signals at the browser level and responds in accordance with the relevant regulatory requirements.
- Cookie Policy Generator: The Tool provides a modular template for generating a cookie policy on the Customer’s website, including sections adapted to different regulatory regimes.
- Consent Logging: The Tool records consent events, including visitor choices, timestamps, geographic region, and technical identifiers, for the purpose of demonstrating regulatory compliance.
Limited Warranty
THE TOOL IS A TECHNICAL TOOL ONLY AND DOES NOT CONSTITUTE LEGAL, REGULATORY, OR PROFESSIONAL ADVICE OF ANY KIND, OR A SUBSTITUTE FOR ANY OF THE FOREGOING. DO NOT RELY ON THE TOOL AS A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL. IF YOU REQUIRE LEGAL OR PROFESSIONAL ADVICE, YOU MUST CONSULT AN APPROPRIATE PROFESSIONAL. ELEMENTOR DOES NOT PROVIDE, THROUGH THE TOOL OR OTHERWISE, LEGAL ADVICE REGARDING COMPLIANCE WITH DATA PROTECTION LAWS, COOKIE LAWS, OR ANY OTHER REGULATION.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE TOOL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND; (B) ELEMENTOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SATISFACTORY QUALITY; AND (C) ELEMENTOR DOES NOT WARRANT THAT THE TOOL WILL MEET YOUR REQUIREMENTS, OPERATE ERROR-FREE, OR BE UNINTERRUPTED;
THE CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, REGULATIONS, AND RULES APPLICABLE TO ITS WEBSITE, INCLUDING BUT NOT LIMITED TO THE GDPR, THE CCPA/CPRA, AND ANY OTHER LOCAL OR STATE LAW. THE CUSTOMER’S RESPONSIBILITY INCLUDES, AMONG OTHER THINGS: (A) DETERMINING THE APPROPRIATE LEGAL BASIS FOR PROCESSING COOKIES ON ITS WEBSITE; (B) ENSURING THAT THE LEGAL TEXTS DISPLAYED THROUGH THE TOOL ARE ACCURATE, COMPLETE, AND COMPLIANT WITH APPLICABLE LAW; (C) UPDATING THE TOOL’S SETTINGS IN ACCORDANCE WITH REGULATORY CHANGES; AND (D) CONSULTING WITH QUALIFIED LEGAL COUNSEL ON ANY QUESTION RELATING TO REGULATORY COMPLIANCE.
ELEMENTOR SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, FINE, PENALTY, OR REGULATORY SANCTION INCURRED BY THE CUSTOMER OR ANY THIRD PARTY AS A RESULT OF USE OF THE TOOL, INCLUDING AS A RESULT OF INCORRECT SETTINGS, INACCURATE TEXTS, OR NON-COMPLIANCE WITH APPLICABLE LAW.
THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT: (A) ELEMENTOR DOES NOT GUARANTEE FULL ACCURACY OF GEOGRAPHIC LOCATION IDENTIFICATION AND, IN PARTICULAR, IS UNABLE TO IDENTIFY THE TRUE LOCATION OF VISITORS USING VPN NETWORKS, PROXY SERVERS, OR OTHER IP-MASKING TECHNOLOGIES. THE CUSTOMER ACKNOWLEDGES THAT ELEMENTOR SHALL NOT BEAR ANY LIABILITY FOR DISPLAYING A BANNER THAT DOES NOT CORRESPOND TO THE REGULATORY REGIME APPLICABLE TO A VISITOR, INSOFAR AS THIS RESULTS FROM TECHNICAL LIMITATIONS IN LOCATION IDENTIFICATION; (B) ELEMENTOR DOES NOT WARRANT THAT THE TOOL IS COMPATIBLE WITH ALL LAWS AND REGULATIONS IN EVERY COUNTRY OR JURISDICTION. COMPLIANCE WITH SPECIFIC REGULATIONS IS THE CUSTOMER’S SOLE RESPONSIBILITY; (C) ELEMENTOR DOES NOT GUARANTEE FULL DETECTION OF EVERY PRIVACY SIGNAL SENT FROM A VISITOR’S BROWSER AND IS NOT RESPONSIBLE FOR CHANGES IN THE TECHNICAL STANDARDS OF SUCH SIGNALS; (D) THE COOKIE POLICY GENERATED THROUGH THE TOOL IS BASED ON GENERAL TEMPLATES AND IS NOT INDIVIDUALLY TAILORED TO THE CUSTOMER’S WEBSITE. THE CUSTOMER IS RESPONSIBLE FOR REVIEWING, ADAPTING, AND UPDATING THE COOKIE POLICY IN ACCORDANCE WITH ITS SPECIFIC NEEDS AND APPLICABLE LAW; (E) THE CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING AND CONFIGURING THE GEOTARGETING MAPPING IN THE TOOL, INCLUDING DETERMINING WHICH GEOGRAPHIC REGIONS SHALL BE SUBJECT TO THE OPT-IN MODEL AND WHICH TO THE OPT-OUT MODEL. ELEMENTOR PROVIDES DEFAULT SETTINGS AS A STARTING POINT ONLY, AND THE CUSTOMER UNDERTAKES TO REVIEW AND ADJUST SUCH SETTINGS IN ACCORDANCE WITH THE LAW APPLICABLE TO ITS WEBSITE AND ITS VISITORS. ELEMENTOR SHALL NOT BEAR ANY LIABILITY FOR INCORRECT OR INAPPROPRIATE GEOTARGETING SETTINGS CONFIGURED BY THE CUSTOMER.
Consent Logging and Consent Data
The Tool records consent events of the Customer’s website visitors, including consent choices, timestamps, geographic region identifiers, and additional technical identifiers (the “Consent Data”).
The Customer acknowledges and agrees that: (a) Consent Data is collected and stored for the purpose of demonstrating regulatory compliance only; (b) Elementor may process and store Consent Data as required to provide the service; (c) the Customer is solely responsible for determining the appropriate retention period for Consent Data in accordance with applicable law; (d) the Customer is responsible for compliance with all reporting, disclosure, and transparency obligations toward its website visitors regarding the collection and processing of Consent Data; and (e) Consent Data will be retained, at Elementor’s discretion, for the period set forth under Elementor’s applicable retention policy. If the Customer requires retention for a longer period, it is the Customer’s responsibility to download the relevant consent logs and store them locally at its own systems and under its sole responsibility.
Tool Usage
You are granted a limited, worldwide, non-exclusive, non-sublicensable, non-transferable and revocable right to access to the Additional Services associated with the Tool that includes a specified amount of free usage, based on the Plan Limits and is subject to your full compliance with the Fair Use Policy detailed below. We may charge you or upgrade you to a higher paid for tier, for any uses beyond the free usage amount detailed in the Plan Limit.
Opening an Account
Upon installation, you are required to log in and create an account. You are solely responsible for all actions with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorized access to your account, you must immediately notify us, and we may work together to fix the issue. Consequently, we disclaim any liability for any loss or damage incurred due to unauthorized use by a third party.
Fair Use Policy
This policy explains how scan quotas and other usage limits work and sets the ground rules that keep the service reliable for everyone.
You receive a scan quota and any other usage allowances that are listed for your plan on the pricing page or within the admin screens (“Plan Limits”). Your quota renews at the interval shown for your plan. The Tool is intended for reasonable use under each plan, and usage should remain within fair and expected boundaries.
Attempts to bypass or artificially extend your Plan Limits, such as by creating duplicate accounts for the same site, running automated scripts to trigger scans, or reverse-engineering the service, are strictly prohibited.
If you exceed your Plan Limits, we may pause further scans, limit functionality, charge payment for you over use or invite you to upgrade to a higher-tier plan (that might be a paid plan). While we make an effort to notify you when you’re approaching your quota, it is ultimately your responsibility to monitor usage.
We may restrict or suspend your access, with or without notice, if we detect activity that degrades performance for others, exceeds reasonable use, including use of tool beyond the Plan Limits, violates this Fair Use Policy, or appears fraudulent, harmful, or unlawful. Excessive or abusive use that negatively impacts our hosting infrastructure, web servers, or other users may also result in account suspension or termination.
We reserve the right to update this Fair Use Policy at any time. Material changes will be communicated through the Tool interface or by email. Continuing to use the Tool after the changes take effect means you accept the updated policy.
Payment and Billing
If you exceed the usage quotas and Plan Limits allocated under the free plan, you agree to pay the specified fees as detailed on our pricing page. You grant us the authority to collect fees using any payment method we have on file for you. We reserve the right to change, modify, add or remove plans (including the free plan) at our discretion, as well as to increase prices, change terms and features of any plan, or add new fees, after providing you advance notice. You will have the option to accept such changes or cancel your subscription. All Payments are final and non-refundable.
Billing Information
To subscribe and make payments, you must provide accurate, complete and up-to-date billing information. This may include details such as name, billing address, and payment methods. You are responsible for ensuring the confidentiality of your billing information and must promptly update any changes to avoid disruptions to the subscription service. Inaccurate or outdated billing information may result in payment issues and potential suspension of access to the Additional Services.
Support
When you purchase a plan that includes support services for the Tool, we provide support to the account owner. Support is tailored to the specific plan you buy, delivered on a reasonable commercial effort basis. We strive to respond to support tickets promptly, as outlined in your specific plan. However, please note that support doesn’t cover issues caused by negligence or misuse, and downtime due to factors beyond our control.
Taxation
All fees are exclusive of all taxes, including value-added tax, sales tax, goods and services tax, etc., levies or duties imposed by taxing authorities, as applicable (“Taxes”) which shall be borne solely by you. If we are obligated to collect or pay Taxes for the fees payable by you, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Additional Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.
Automatic Renewal
Your subscription to the Tool is set to automatically renew at the end of each billing cycle. You will be charged the applicable fees for the Additional Services using the payment information on file unless you choose to cancel your subscription. You can cancel your subscription at any time but please note that cancellations will take effect at the end of the current billing cycle. No refunds will be provided for the remaining period if a subscription is canceled in the middle of a billing cycle.
Termination
We may terminate your access to the Tool at our discretion if you violate these terms, with or without notice. Upon such termination, your right to use the Tool shall cease immediately. Any section of these terms which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay fees. We shall not be liable for any damage caused to you or any third-party as a result of terminating these terms or by suspending or otherwise limiting your use of the Tool.
Intellectual Property
All Additional Services and proprietary elements of the Tool, including but not limited to Elementor’s trademarks, trade names, logos, branding, documentation, website content, and any hosted service infrastructure (collectively, the “Proprietary Materials”), are and shall remain the exclusive property of Elementor. Any form of exploitation of the Proprietary Materials, whether for commercial purposes or not, including but not limited to uploading or downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation, or representation, in whole or in part, through any existing or future means or process, on any existing or future medium, without prior written authorization, is strictly prohibited. Such actions may result in legal prosecution, including, but not limited to, charges related to infringement, unfair competition, as punishable under applicable regulations.
Limitation of Liability
WITH RESPECT TO THE TOOL, WE COMMIT TO ENSURING THE OPTIMAL FUNCTIONING OF THE SERVICES THROUGH DILIGENT EFFORTS. WE PLEDGE TO EXERCISE DUE CARE AND DILIGENCE, ADHERING TO INDUSTRY PRACTICES AND THE CURRENT STATE OF TECHNOLOGY, TO DELIVER A HIGH-QUALITY COOKIE CONSENT MANAGEMENT SERVICE. YOU ACKNOWLEDGE THAT FLUCTUATIONS IN BANDWIDTH AND CONTINGENCIES RELATED TO INTERNET SERVICE PROVIDERS MAY INTERRUPT ACCESS TO THE CONSENT MANAGEMENT SERVICE OFFERED BY US, EVENTS BEYOND OUR CONTROL.
WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING FINANCIAL LOSSES SUCH AS LOSS OF PROFITS, UNLESS SUCH DAMAGES ARISE FROM OUR NEGLIGENCE OR WILLFUL MISCONDUCT. UNDER ANY CIRCUMSTANCES, OUR LIABILITY IS CAPPED AT THE PAYMENT OF DAMAGES, NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU WHEN PLACING THE ORDER WITHIN THE LAST 12 MONTHS. WITHOUT DEROGATING FROM THE FOREGOING, ELEMENTOR SHALL NOT BEAR ANY LIABILITY FOR FINES, PENALTIES, OR REGULATORY SANCTIONS IMPOSED ON THE CUSTOMER IN CONNECTION WITH COMPLIANCE WITH PRIVACY LAWS OR COOKIE LAWS, WHETHER OR NOT THE CUSTOMER USED THE TOOL. FOR THE AVOIDANCE OF DOUBT, ELEMENTOR SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LIABILITIES ARISING FROM OR RELATING TO ANY THIRD-PARTY COMPONENTS, INCLUDING BUT NOT LIMITED TO OPEN SOURCE SOFTWARE COMPONENTS (INCLUDING THE PLUGIN), THAT ARE GOVERNED BY THEIR APPLICABLE THIRD-PARTY LICENSE TERMS. CUSTOMER ACKNOWLEDGES THAT SUCH THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS” AND CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE THIRD-PARTY LICENSE TERMS.
Your Responsibility
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT DISPLAYED ON YOUR WEBSITE THROUGH THE TOOL, INCLUDING THE LEGAL TEXTS, COOKIE POLICY, COOKIE CATEGORY SETTINGS, AND ANY OTHER CONFIGURATION. BY USING THE TOOL, YOU AFFIRM THAT YOU HAVE THE LEGAL RIGHT TO OPERATE THE WEBSITE, TO SET THE COOKIE POLICY THEREIN, AND TO MANAGE VISITOR CONSENTS. THIS INCLUDES ENSURING THAT THE CONTENT DOES NOT INFRINGE ON ANY COPYRIGHTS, TRADEMARKS OF ANY THIRD PARTY OR VIOLATE ANY LAWS OR REGULATIONS, OR CONTAIN HARMFUL ELEMENTS SUCH AS VIRUSES, MALWARE, DESTRUCTIVE CONTENT ETC.
You must also respect any limits described in the Fair Use Policy and any additional terms displayed on the pricing page and/or any additional page inside the admin management panel.
Excess usage of the Tool beyond the quota may be suspended until the next renewal period or until an upgrade to a paid plan is completed.
Your Warranties
You represent and warrant to us that: You have, and will have at all times, all rights, licenses, and consents required for your use of the Tool. You will comply with all applicable laws, rules, and regulations, including data protection laws and cookie laws in all jurisdictions relevant to your website. You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties. You were not previously prohibited by us from entering into an agreement with us nor was your account and/or Elementor’s services and/or use of the Tool previously blocked, suspended or terminated by us for any reason.
Abusive Users
We believe that our customers have every right to be heard, understood and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behavior towards our staff. Abusive or aggressive behavior includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, slander, derogatory remarks and rudeness. Unacceptable behavior as described above may cause us to decide to, by our sole discretion: Terminate all direct contact with such users. Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, and any other action we deem necessary.
Content Review and Removal
We reserve the right to review and remove or refuse to process any content that, in our sole discretion, violates these terms or is deemed inappropriate. This includes content that may pose a risk to the security, integrity, or reputation of our Tool or services.
Notification of Violations
If we become aware of any violations of these terms related to your use of the Tool, we may notify you and request corrective action. Failure to address such violations may result in the termination of your access to the Tool.
Marketing Communications
By subscribing to our Tool, you consent to receive marketing emails from us. These communications may include information about product updates, promotional offers, and relevant announcements. You have the option to unsubscribe from these marketing emails at any time by following the instructions provided in the emails. Please be aware that even if you choose to unsubscribe from marketing communications, you will still receive transactional and essential service-related emails.
Modifications to Terms
We reserve the right to modify, update, or change these terms, including the Fair Use Policy at any time. Notice of significant modifications will be provided through the Tool interface or by other means of communication. It is your responsibility to review these terms periodically. Continued use of the Tool after modifications constitute acceptance of the updated terms. If you do not agree with the modifications, you have the option to discontinue using the Tool.
Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or damages arising out of your failure to comply with these terms, including but not limited to claims related to copyright infringement, regulatory violations (including violations of data protection laws and cookie laws), or the presence of harmful elements in your website content. Without derogating from the generality of the foregoing, the Customer undertakes to indemnify Elementor for any claim, fine, penalty, or regulatory sanction imposed in connection with non-compliance with privacy or cookie laws on the Customer’s website.
Advertising
Our services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
Privacy Policy
Our Privacy Policy, outlines how we collect, use, and protect your personal information. By using the Tool, you agree to the terms of our Privacy Policy. It is important to review our Privacy Policy to understand how we handle your data.
Trademark Guidelines
For detailed information regarding the usage of trademarks associated with the Tool, please refer to our Trademark Guidelines available https://elementor.com/terms/trademark-guidelines. By accessing and using the Tool, you acknowledge and agree to comply with the guidelines outlined therein. Any unauthorized use of trademarks is strictly prohibited, and we reserve the right to take appropriate legal action in the event of infringement.
Cookies
We use cookies in order to provide, maintain, and improve our website, to optimize our offerings and marketing activities, and to provide our visitors and users with a better experience. For detailed information on the types of cookies we utilize, their duration, and instructions on how to reject or remove cookies, please refer to our Cookie Policy.
Governing Law
These terms are governed by and constructed in accordance with the laws of Israel, and any disputes will be subject to the exclusive jurisdiction of the courts in that jurisdiction.
Contact Information
For any questions or concerns regarding these terms, you can contact us at [email protected].
Entire Agreement
These terms and conditions and any applicable third party terms and conditions constitute the entire agreement between you and Elementor regarding the use of the Tool.