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Terms and use conditions

WP-Umbrella.com is a SaaS for website owners willing to monitor and manage their website(s). The website is published and operated by Liven Studio, a French simplified stock corporation registered in the Lyon Trade and Companies Register under SIRET number 901 423 434, with its registered office at – 22 B Rue de la République 69140 Rillieux-la-Pape – FRANCE

Article 1 : Object

The terms and use conditions concern the legal object, the conditions of use of the services. it includes the use of the website, the use of WP Umbrell’as application, the use of the WordPress plugin, and the use of the API, by the “User”. The conditions of use must be accepted by any User willing to access the site. They constitute the contract between the site and the User. Access to the site by the User means acceptance of these terms and conditions of use. In case of non-acceptance of conditions of use stipulated in this contract, the User must renounce access to the services offered by the site. WP Umbrella reserves the right to modify unilaterally and at any time the content of these terms and conditions of use.

Article 2 : Legal notice

Publishing

The edition of the WP Umbrella website is managed by Liven Studio who registered office is located 22 B Rue de la République 69140 Rillieux-la-Pape – FRANCE.

You can also contact Liven Studio at contact@wp-umbrella.com.

The Publishing coordinator is Aurelio Volle (aurelio@wp-umbrella.com).

Hosting company

WP Umbrella is hosted by Kinsta Inc. – 8605 Santa Monica Blvd #92581 West Hollywood, CA 90069 United States on an European Data Centre based in London (United Kingdom).

Article 3 : Definitions

The purpose of this clause is to define the various essential terms of the contract: User: this term refers to any person who uses the site or any of the services offered by the site. User content: these are the data transmitted by the User within the site. Member: the User becomes a member when identified on the site. Login and password: this is all the information needed to identify a user on the site. The username and password allow the User to access services reserved for members of the site. The password is confidential.

Article 4 : Access to the service

The site is accessible free of charge to any user with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility. Non-Member User does not have access to member services. For this, he must identify himself using his username and password. The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not undertake to reach this result. Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage the responsibility of WP Umbrella. The User can contact the site by email at contact@wp-umbrella.com

Article 4 : Intellectual Property

The trademarks, logos, signs and other content of the site are protected by the Code of Intellectual Property and more specifically by copyright. 

The User requests the prior authorization of the site for any reproduction, publication, copy of the various contents. The User agrees to use the contents of the site within the framework of the legality. Any content posted by the User is his sole responsibility. 

The User undertakes not to use the tools made available by WP Umbrella to analyze content that may contravene the law. The User agrees not to put on line content that may affect the interests of third parties. Any lawsuit brought by an injured third party against the site will be borne by the User. 

The content of the User may be at any time and for any reason deleted or modified by the site. The User receives no justification and notification prior to the deletion or modification of the user content.

Article 6 : Personal data

Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified, as defined by the French Data Protection Act of January 6, 1978, as amended.

The Personal Data that the Customer is required to provide will be processed in accordance with the French Data Protection Act of January 6, 1978, as amended, and will be stored for three years after the end of the commercial relationship.

Personal Data collected via the Website is hosted by Heroku, in Ireland.

6.1 Purpose of processing

The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:

  • Access to Products;
  • Preparation of invoices;
  • Circulation of newsletter, if applicable;
  • Compilation of statistics on the use of the Website;
  • Improvement of marketing and promotion initiatives, as well as Website content and offers;
  • Receipt of customized offers.

6.2 Recipients of Personal Data

Liven Studio agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.

6.3 Personal Data provided to government agencies and bodies

Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.

6.4 Personal Data provided to third parties

Liven Studio agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by clause 17.3 hereof.

6.5 Customer’s right to oppose, correct and delete Personal Data

Pursuant to the French Data Protection Act of January 6, 1978, as amended, Customers have the right to access, challenge, modify, correct and delete their Personal Data.

Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.

This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.

Customers may exercise their rights by sending an email to Liven Studio at contact@wp-umbrella.com

Article 7 : Liability and force majeure

The sources of the information published on the site are considered reliable. However, the site reserves the right to not guarantee the reliability of the sources. The information provided on the site is for information purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this site, the plugin and/or the API. The User ensures that his password is kept secret. Any disclosure of the password, in any form, is prohibited. The account is personal. The User assumes the risks associated with the use of his username and password. The site declines any responsibility. Any use of the service by the User that directly or indirectly results in damage must be compensated for by the site. The site does not guarantee optimal security and confidentiality of the data transmitted. However, the site undertakes to implement all necessary means to ensure the best possible security and confidentiality of data. The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable event of a third party.

Article 8 : Hypertext links

Many outgoing hypertext links are present on the site, however, the web pages to which these links lead do not in any way engage the responsibility of WP Umbrella, which does not have control over these links. The User therefore refrains from engaging the site’s responsibility for the content and resources relating to these outgoing hypertext links.

Article 9 : Evolution of the contract

The site reserves the right to modify the clauses stipulated in this contract at any time.

Article 10 : Duration

Contracts are concluded on a monthly or annual basis. The non-renewal of the subscription leads to the end of the contract and in particular the end of the access to the data generated via the wordpress plugin and the API.

Article 11 : Applicable law and competent jurisdiction

French law applies to this contract.

Article 12 : Refund Policy

In order to file a claim, the Customer must report the existence of a defect or non-conformity within fourteen days of making the purchase.

Article 13 : Data analysed by the user

The site, wordpress plugin and API allow Users to analyze pages. The member undertakes to comply with the rules of Netiquette and the rules of law in force, in particular the rules of copyright, in the use of the plugin.