Site Backup by Elementor
Terms and Conditions
Introduction
By using this “Site Backup” Plugin by Elementor for WordPress (the “Plugin”), 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 Plugin.
“Elementor” means Elementor Ltd., including our subsidiaries and affiliates worldwide (“Elementor”, “we”, “our” or “us”).
Open Source Licensing
It’s important to note that our Plugin operates under the terms of the GPLv3 license. This means it is an open-source software. Please refer to the full text of the GPLv3 license for a comprehensive understanding of your rights and responsibilities when using our plugin.
Eligibility
When registering for our Plugin services, we may authenticate your identity through different third-party services and may require additional identification.
Our services are intended for use by users of at least eighteen (18) years old. If you register for our services, 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 services.
Submission of Content
When you create a website backup using the Plugin, you retain ownership but grant us and our service providers the right to process, modify, and store them as necessary to provide the service to you.
Plugin Usage
You are granted access to the Plugin during the free trial to evaluate the Plugin’s features without charge, according to the terms as defined in the Pricing Page. Upon payment, in accordance with the terms outlined herein, continued access is granted. We reserve the right to change the terms for the free trial and/or for the Plugin’s plans at our discretion outlined on our Pricing Page.
Opening an Account
Upon installation, you are required to log in to an existing Elementor account or create a new Elementor 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.
Payment and Billing
If you choose to continue using the Plugin after the free trial, 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 increase the prices or add new fees after providing you an advance notice and you will have the option to accept or cancel your subscription. Payments made are 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 Plugin.
Support
When you purchase a plan that includes support services for the Plugin, 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 Plugin 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 our Backup Plugin is set to automatically renew at the end of each billing cycle. You will be charged the applicable fees 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 Plugin at our sole discretion if you violate these terms, with or without notice. Upon termination, you shall immediately cease using the Plugin. Any section that 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 Plugin.
Storage Size Limitations
To maintain the efficiency and fairness of our services, we impose limitations on the size of the storage according to the plan you chose. The maximum file size and request frequency (i.e., downloads, restores, etc.) allowed are based on fair and normal use and are subject to change at our discretion. We reserve the right to apply these limitations to ensure a positive experience for all users and to prevent abuse of the system. Exceeding these limits may result in temporary or permanent restrictions on your account.
Availability and Downtime
Elementor shall strive to maintain optimal uptime for the Plugin. However, you acknowledge that periodic maintenance, upgrades, and unforeseen technical issues may result in temporary downtime. Elementor shall not be liable for any loss of access to the backup service, including but not limited to scheduled maintenance, emergency repairs, or network outages beyond our control. In the event of planned downtime, we shall provide reasonable advance notice to users via email or through the website’s communication channels.
Data Integrity
You acknowledge that occasional discrepancies or errors may occur due to technical limitations or unforeseen circumstances. Elementor shall not be liable for any loss, corruption, or unauthorized access to the backed-up data, including but not limited to data breaches, software bugs, or technical failures. You are responsible for verifying the integrity of your data and implementing appropriate security measures.
Content Review and Removal
We reserve the right to review and remove or refuse to back up 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 Plugin or services.
Notification of Violations
If we become aware of any violations of these terms related to your backed-up content, we may notify you and request corrective action. Failure to address such violations may result in the termination of your access to the Plugin and deletion of the backup.
Data Retention and Deletion
All plans are comprised of retention and storage limits. Meeting either one of those limits will result in the deletion of earlier backups to allow for new ones to replace them.
We will retain the backed-up data for a specified period as outlined in the plan you chose. After the retention period expires, we reserve the right to delete the data in accordance with applicable laws and regulations and deny your access to the Plugin. Upon termination of your subscription, we will delete all backed-up data from our systems within a reasonable timeframe, subject to any legal or regulatory requirements regarding data retention.
Privacy Policy
Our Privacy Policy, available here, outlines how we collect, use, and protect your personal information. By using the Plugin, you agree to the terms of our Privacy Policy. It is important to review our Privacy Policy to understand how we handle your data.
Intellectual Property
Any form of exploitation, 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, of our Plugin or any of its component features, 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, and unfair competition, as punishable under applicable regulations.
Limitation of Liability
We commit to ensuring the optimal functioning of the Plugin 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 backup service.
You acknowledge that fluctuations in bandwidth and contingencies related to internet service providers’ registrars may interrupt access to the backup 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 billing cycle.
Your Responsibility
You are solely responsible for the content you upload for backup. By using the Plugin, you affirm that you have the legal right to use, upload, and backup the content. This includes ensuring that the content does not infringe on any copyrights, or trademarks of any third party, violate any laws or regulations, or contain harmful elements such as viruses, malware, destructive content, etc.
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 Plugin.
- You will comply with all applicable laws, rules, and regulations.
- 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 is 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 Plugin 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.
Marketing Communications
By subscribing to our Plugin, 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 at any time. Notice of significant modifications will be provided through the Plugin interface or by other means of communication. It is your responsibility to review these terms periodically. Continued use of the Plugin after modifications constitutes acceptance of the updated terms. If you do not agree with the modifications, you have the option to discontinue using the Plugin.
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, or the presence of harmful elements in your uploaded content.
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.
Trademark Guidelines
For detailed information regarding the usage of trademarks associated with the Plugin, please refer to our Trademark Guidelines available here. By accessing and using the Plugin, 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, optimize our offerings and marketing activities, and 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 Tel Aviv-Yafo, Israel.
Contact Information
For any questions or concerns regarding these terms, you can contact us at [email protected].
Entire Agreement
These terms and conditions constitute the entire agreement between you and Elementor regarding the use of our Plugin.