Updated on December 27, 2023
Welcome to WP UMBRELLA!
Before exploring our solution, please read and accept these general terms and conditions of sale and use.
The WP UMBRELLA Solution is aimed at freelance developers or web agencies that create websites on WordPress and/or provide their maintenance (hereinafter referred to as “User(s)”). The WP UMBRELLA Solution allows them to perform backups, generate maintenance reports, optimize databases, update, and monitor the security of websites.
Our Solution (hereinafter referred to as the “Solution” or “WP UMBRELLA”) consists of: (i) a web application (hereinafter “Application”) accessible at the URL https://app.wp-umbrella.com/ and (ii) a plugin to be installed on WordPress sites. The plugin is listed in the official WordPress.org extension directory and is freely downloadable.
The Application allows the User to monitor various websites on which the plugin is installed, through a dashboard, using API keys.
The WP UMBRELLA Solution was designed and developed by LIVEN STUDIO.
LIVEN STUDIO is a simplified joint-stock company with a share capital of 2353 euros, registered in the Lyon Trade and Companies Register under number 901 423 434, with its registered office located at 4 rue de République, 69001 Lyon, represented by its president, Aurelio Volle.
Before using the WP UMBRELLA Application, you are invited to create a User account at the URL https://app.wp-umbrella.com/: 1/ by providing an email address and a strong password 2/ by accepting the contractual documents (General Terms and Conditions – the personal data processing agreement – the privacy policy).
You will have the opportunity to update your personal information at any time from your user space.
Your login credentials are personal. You must ensure to keep them secure and protect them against loss and unauthorized access. You must inform us, by any means and as soon as possible, in the event of:
You may also, if you wish, request the closure of your personal space. User account data is retained as long as the account is active. In the case of account inactivity for 3 years (excluding ongoing subscriptions), an email is sent to you about the status of the account. In case of a positive response, the data will be kept for a new period of 3 years. In the absence of a positive and explicit response, the data will be deleted or anonymized.
The contractual documents (hereinafter the “Contract”) that the User is invited to accept when creating an account on the Application are as follows:
In case of contradiction between these documents, the higher-ranking document shall prevail. The contractual documents constitute the entire and unique agreement of the Parties on the provisions which are the subject of them. Consequently, they replace, as of their entry into force, any other previously applicable document with the same subject matter, except for the express disagreement of the User formulated in writing within 15 days from the communication of these last.
a. Free Trial
Upon account creation, the User has a 14-day free trial to test the WP UMBRELLA Solution. If the User does not subscribe to the WP UMBRELLA Solution within this period, the data entered in their dashboard, backups, and management reports are deleted 90 days after the end of the free trial period.
b. Subscription to the WP UMBRELLA Solution
Unless otherwise specified, the WP UMBRELLA Solution is offered in the form of a monthly subscription at a fixed rate per number of sites on which the User installs the WP UMBRELLA plugin.
To order a subscription to the WP UMBRELLA Solution, the User follows these steps: 1° From their User space, select the subscription. 2° Enter personal order information (billing address, company name) and credit card details. 3° Confirm the order by clicking the “pay and subscribe” button. 4° Pay under the conditions indicated.
Up to the payment step, the User can modify the order, particularly any errors made when entering their data, by going back to the previous screens. A confirmation of the order is immediately sent to the User by email. The order confirmation includes a summary of the order, the number, the date of the order, and the amount. The User can access the details of their order from their personal space. LIVEN STUDIO reserves the right to block an order, particularly in cases of suspected or proven fraud (compromised credentials, etc.).
The rate of the monthly subscription in effect is the one indicated on the Application at the time of the order. Taxes may apply depending on the User’s country of residence. These are presented during the subscription of the subscription.
The price is payable in full at the time of the order. Any payment delay will result in a late penalty fee, a flat-rate compensation for recovery costs of 40 Euros. Furthermore, in the event of a payment incident, LIVEN STUDIO reserves the right to suspend access to services and, if it persists, to terminate the User’s subscription. LIVEN STUDIO may offer preferential rates. The conditions and duration of these benefits are presented on the site or communicated to the User by other means.
The User is informed and agrees to receive the invoice corresponding to their order in electronic format directly in their User space. The subscription rate may be revised at the initiative of Liven Studio on the monthly anniversary date of the subscription.
Any change in the subscription rate will be communicated in writing in advance. In the event of the User’s express disagreement with this revision, they may terminate the subscription.
The subscription becomes effective from the date of payment and has a duration of 1 (one) calendar month. After the initial commitment period, the subscription is automatically extended for periods of the same duration as the initial period, unless written notice is given by either party at any time. To terminate the subscription, the User has a dedicated functionality for this purpose in their user space.
Ordering a subscription to the Solution allows the User to benefit, during the duration of their subscription and subject to its activation by the User, from the following services:
a. Main Services
Duration of Backup and Maintenance Report Retention: If the User is subscribed to a subscription, backups are deleted after 100 days. However, they are only available to the User for 50 days. They are also deleted if the User removes the project linked to the backup. Maintenance reports are kept for a duration corresponding to the duration of the paid subscription to WP UMBRELLA.
If the User does not subscribe at the expiration of their 14-day free trial from the creation of their account: backups and maintenance reports are deleted 90 days from the end of the free trial period or upon deletion by the User of the project linked to the backup.
b. Additional Services The subscription to the WP UMBRELLA Solution also includes the following additional services:
LIVEN STUDIO reserves the right to modify the features and/or services of the Solution, including the deletion, addition of features, or evolution of their characteristics or conditions of service delivery. For ongoing subscriptions, the User is informed by email of any modification that significantly degrades or diminishes the features and/or services, at least one month before the implementation of the modification. In this case, the User may terminate their subscription via the application by simple request sent to the following address: support@wp-umbrella.com.
LIVEN STUDIO commits to providing all due diligence and care necessary for the proper execution of services included in the subscription and to keep the User informed of any difficulties or incidents that may occur during the service delivery. LIVEN STUDIO does not guarantee total and perfect compatibility of the Solution with the software or systems used by the User. It is therefore up to the User to verify in advance whether this compatibility is possible or not. LIVEN STUDIO does not guarantee the security of sites, nor the total absence of vulnerability. It is not responsible for the sites and their content (hereinafter “Content”) that the User chooses for the Solution. In accordance with current legislation, LIVEN STUDIO is not subject to a general obligation of surveillance, nor to a general obligation to seek facts or circumstances revealing illegal activities.
It is the User’s responsibility to ensure that the WP UMBRELLA Solution is in line with the needs and activities of the site(s). The User is informed that the services offered are not automatic and must be activated from their space in the Application. Furthermore, it is up to the User to verify that the server configurations on which the sites are hosted allow the backup to function. The User remains solely responsible for the backup configurations they perform from the Solution. The User is also solely responsible for security interventions on the sites. In the event of a vulnerability detected by WP UMBRELLA, the User is solely responsible for alerting their client(s) and intervening on the affected site(s) to address the security issues. The User, as a professional in the creation and maintenance of WordPress websites, is solely responsible:
The User is informed that the Solution is not intended to be used in the context of sensitive or high-risk activities, particularly for:
The User also commits not to use the Solution to hinder or alter its functioning, including by cluttering it, voluntarily or involuntarily, with the untimely transfer of Content, outside the intended use cases. The User commits to respect, and ensure that any person benefiting from the services of the Solution respects, the current regulations and, in particular, the following rules:
The User is informed that LIVEN STUDIO does not have knowledge of the saved contents. LIVEN STUDIO reserves the right to interrupt the Internet connection to all or part of the services if the saved site is likely to pose a danger to the security of the equipment and infrastructure. As far as possible, LIVEN STUDIO will endeavor to limit the impact of this interruption on the normal functioning of the services and will inform the User as soon as possible.
LIVEN STUDIO holds the intellectual property rights allowing it to grant the User the right to access and use the Solution, in the form of a subscription, in accordance with these terms. The User acknowledges that these General Terms and Conditions of Sale and Use (GTC-GTU) do not grant them any property rights over the Solution and more broadly over the intellectual property elements of LIVEN STUDIO. The provision of these elements under the conditions provided in the GTC-GTU should not be construed as the transfer of any intellectual property rights, in the sense of the French Intellectual Property Code. Thus, the right of access and use granted to them under these terms is exclusive of any transfer of intellectual property rights. This particularly concerns the rights referred to in articles L 122-1, L 122-6, L 122-7 of the Intellectual Property Code. The User is informed that the licensing conditions of the WP UMBRELLA plugin are those provided by the GNU General Public License v2 attached to WordPress, available at the following link: https://www.gnu.org/licenses/old-licenses/gpl-2.0.fr.html
In the context of using the WP UMBRELLA Solution, LIVEN STUDIO may carry out the processing of personal data, either as a data controller or as a processor. The rules relating to the protection of personal data are provided in the Privacy Policy and in the personal data processing agreement.
The User grants LIVEN STUDIO a general authorization to subcontract all or part of the services to any service provider of its choice. In any case, LIVEN STUDIO remains responsible to the User for the proper execution of the contract and the services by the subcontractor it uses. LIVEN STUDIO is also authorized to assign the User’s Contract to any assignee of its choice. The assignment will be subject to information to the User. In the event of an assignment by LIVEN STUDIO, the User accepts that LIVEN STUDIO is not jointly responsible for the proper execution of the subscription contract by the assignee. Any assignment, subrogation, substitution, or other form of transmission of the Contract by the User is prohibited unless prior written consent from LIVEN STUDIO..
In the event of a breach by one party of any of its obligations under these terms, the other Party may, 15 days after sending a formal notice by registered letter with acknowledgment of receipt that has remained without effect, terminate the Contract by right without prejudice to any damages and interest it may claim due to the breaches invoked.
The Parties intend to establish the rules relating to admissible evidence between them in the event of a dispute and to their probative force. The parties recognize the validity and full probative force of the following elements and processes, as well as the signatures and authentication processes they express:
The Parties also acknowledge the validity and full probative force of electronic signatures that may be affixed to the Contract, thereby formalizing the agreement of both parties on the terms of the Contract as of its signing date. The User, as a professional, undertakes not to contest the admissibility, validity, or probative force of the aforementioned elements.
LIVEN STUDIO is subject to a general obligation of means. Its responsibility can be engaged by the User in case of proven fault. The Provider does not provide any guarantee, of any kind.
LIVEN STUDIO has no control over the use of the Solution by the User and their own clients, nor over the results obtained. The User therefore accepts that LIVEN STUDIO cannot in any case be held liable in any way due to the use made by the User or their clients, the results obtained, nor the data that are introduced into the Solution. The Provider is also not responsible for the integrity of the data backed up.
LIVEN STUDIO’s responsibility cannot be sought in the event of:
Furthermore, LIVEN STUDIO cannot be held responsible for interruptions of services or damages related to:
In no case can the responsibility of LIVEN STUDIO be directly engaged by a third party to the Contract, LIVENSTUDIO being contractually responsible only to the User. In any case, LIVEN STUDIO’s liability cannot be sought for any indirect damage, such as loss of turnover, profit loss, loss of orders, loss, inaccuracy, or corruption of files or data, loss of opportunity, harm to the image or any other special damage or events outside its control or any fact not attributable to it. By express agreement between the parties, LIVEN STUDIO’s liability is limited, for all direct damages combined, to the annual pre-tax price paid for a subscription. LIVEN STUDIO’s liability under the Contract will be time-barred one (1) year from the damaging event.
The User remains solely responsible for the adequacy of the WP UMBRELLA Solution with their needs but also with the needs and activities of the site(s). They are also solely responsible for the configurations they carry out from the Solution as well as for the regular installation of WP UMBRELLA plugin updates. The User is solely responsible to LIVEN STUDIO for the legality of the Contents and the security of the site(s) on which the plugin is installed. The User assumes and guarantees LIVEN STUDIO against all risks and perils consequent to a security defect and/or Content not respecting these GTC-GTU.
Each clause of this Contract must be interpreted, as far as possible, in such a way that it is validated under the law applicable to it. If any of the stipulations of this Contract proves to be illegal, null, or unenforceable by any competent jurisdiction or administrative authority under an enforceable decision, this stipulation will be deemed unwritten, without affecting the validity of the other stipulations and will be replaced by a valid stipulation of equivalent effect, which the Parties undertake to negotiate in good faith, and as the Parties would have agreed if they had known the illegality, nullity, or unenforceability of said stipulation. The fact that a Party does not take advantage of any provision of this Contract shall in no way waive its right to demand compliance with each of its clauses and conditions.
The French version of these general conditions shall prevail and take precedence over any other version written in a foreign language. The Contract is governed by French law. Any dispute arising from the interpretation, execution, or termination of an order or these GTC-GTU shall be subject to an initial attempt at amicable settlement. In the absence of an amicable settlement within thirty (30) days from the notification of the dispute by the most diligent Party, the dispute shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of LYON, notwithstanding the plurality of defendants or a warranty claim, even for emergency procedures or conservatory procedures.
