Terms of Service
Last Updated: September 2022
Accepting These Terms
IN PLAIN ENGLISH
We need you to agree to our terms to provide you with Services. We offer our services to everyone. Please keep your passwords safe, and don’t let others use your credentials.
These Terms of Service govern your access to and use of our website and software, including any content, features, manuals, articles, and services that reside in them. This Agreement alongside the specific policies for different products and services we offer is a part of the legal framework that governs the use of the Strattic by Elementor software and website.
“Services” means: (i) our website; (ii) our support services; and (iii) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use. “Software” means Strattic by Elementor Hosting Platform.
If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
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Your Account Is Your Responsibility
You are responsible for what you, and others, do with your account.
You are solely responsible for all actions performed in the Services 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 an unauthorized access to your account, you must immediately notify us, and we may work together to fix the issue.
- It is our policy to have one account for the number of seats according to the terms of the specific Plan you have purchased.
- You cannot allow others to access your account, or share your credentials with someone who doesn’t have a seat.
- If you are a corporation (or using the account on behalf of a corporation), then you can allow access to your corporate account for the authorized employee on your behalf.
- You hereby represent and acknowledge that, unless you have otherwise explicitly notified us, anyone accessing your corporate account is acting on your behalf having all required authorizations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
Eligibility and Identification
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Adults use our service. Don’t use our service if you are restricted from entering into any legal agreement.
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.
The Services are intended for use by users 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 have access to the Services.
Your Warranties
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You’re not a terrorist, and you’re not reopening an account that we closed.
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 Services.
- 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 use of the Services previously blocked, suspended, or terminated by us for any reason.
We Own The Strattic by Elementor Website and Its Services
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We own Strattic by Elementor Website and Services. Our forums, forms, and other content we provide you outside the scope of the software are ours.
We own all Intellectual Property Rights relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.
We also retain the ownership and full Intellectual Property Rights to the source code of the Strattic.com website, apart from where we specifically use third-party software.
Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.
For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship; (b) service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications, and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Feedback and Contributions
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If you offer us any feedback, we may use it, but you waive any intellectual property rights relating to it.
If you provide us with other feedback, relating to the Services or our websites, such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that (i) you own all rights, title, and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Acceptable Use Policy
IN PLAIN ENGLISH:
Be fair and reasonable. Use our website and Services for your own use, and don’t abuse the Services.
This is a list of “don’t” it is not exhaustive, and we may also find that other non-bona-fide activities constitute non-acceptable use.
- Don’t allow others to use your account, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
- Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, and don’t use a subdomain to redirect to our website.
- Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state that is sanctioned by the US Export office or under Israeli law.
- Don’t use our website or Services to conduct any illegal activity, transmit or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content or files.
- Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
- Don’t make extensive API or web calls in a manner that interrupts our hosting company or web server.
- Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
- Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
- Don’t resell our Services; meaning don’t offer others access to account credentials or activation codes.
- Don’t remove our legal notices or names from the Services.
Abusive Customers
IN PLAIN ENGLISH
Behave respectively to our staff.
We believe that our customers have every right to be heard, understood, and respected. Having said that, we also believe that our staff has 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 toward 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, 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 customers.
- 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.
Disclaimer
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We are not responsible for your use of our website and Services, and it is made at your own risk.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
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The maximum damages you may receive from damages we caused is limited. Don’t sue us.
OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE 12 MONTHS (FOR AN ANNUAL PLAN, 30 FOR THE MONTHLY PLAN) PRIOR TO ANY DAMAGE OCCURRING. FOR THE AVOIDANCE OF DOUBT, OUR LIABILITY TO YOU WILL ONLY BE DUE TO GROSS NEGLIGENCE ON OUR PART.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS, AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.
YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Amending These Terms
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We may update these terms from time to time, but we will let you know.
We may update this document from time to time. No update shall have a retroactive effect.
When we update significant terms, we shall notify you via email.
If you continue to use our website and Services following such an update, you agree to be bound by the new terms.
If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.
Third-Party Components
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We may use third-party components in our website or Services, we’re not responsible for them.
The Services may contain parts provided by third parties and links to outside services and resources.
If we provide outside links, then such links are provided only as an informational resource, simply as a service, and only for your convenience. We are not responsible or liable for such links or content.
Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
Advertising
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We may display ads in the Strattic Dashboard or other Strattic properties but we’re not responsible for them.
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.
Termination
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We may close your account, or terminate the Services upon Terms’ violations. You must stop using the Services at termination.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), if you violate our Terms, at our sole discretion without notice.
Upon termination, you shall immediately cease using the Services.
Any section 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 Services.
Payment Policies
Last Updated: September 2022
IN PLAIN ENGLISH
We offer you the option to buy subscription services for updates and support to our Software. We also may offer you documentation.
We may allow you to purchase subscriptions to our Services, which include support Services and update Services through our website.
While we provide a description for all Software and Services, it is your responsibility to make sure that these fit your needs and that you know how to use them.
We may also provide you with access to certain manuals relating to the use of the Services or the Software; any event shall be provided on an “as-is” basis without warranty.
Products Sold On Our website Are According to Their Specifications
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Each package that we sell may be different, please check the product page.
Our Services are offered under specific terms as specified on the product page. They may be limited by website calls, storage, bandwidth, the number of websites, or dates. We may offer discounts, rebates, or other promotions. Please check the product page before buying.
Fees
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We need to get paid to sell you our support and update Services.
We offer our Services on the website according to our current pricing list (“Fees”).
Payments shall be made by credit card via our third-party payment service providers and subject to their respective terms of service and privacy policies.
We may update our Fees from time to time or change the payment method.
You will be charged the Fees that arise from such changes only after notice is provided, either by email or a prominent notice on the Services.
By continuing to use the Services following such notice, you agree to be bound by such modifications.
Subscriptions Renew Automatically
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Set a reminder for the expiration period if you plan to use our Services only once
In any case, where you purchase a subscription, your subscription will automatically be renewed upon the end of the applicable subscription period, and you will be charged in advance at the beginning of each billing period.
Taxes
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You bear all taxes that relate to our purchases.
Fees may differ between different jurisdictions based on taxes that we need to add; therefore, during checkout taxes will be added if applicable. Apart from that, the Fees are exclusive of taxes, if there are any, you will bear the taxes.
You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase.
In the event that you are required by law to deduct and/or withhold any amount from any payments made to us, then the Fees shall be deemed as grossed-up and increased such that the actual net amount to be paid to us shall be equal to the Fees that would have been due to Company without such deduction or withholding.
Refunds
We provide no refunds. The term of the agreement depends on the plan you have chosen.
The term of this Agreement (“Term”) shall commence on the Effective Date and shall continue for the subscription period set forth in the applicable pricing plan. If you choose a monthly pricing plan, the subscription shall renew automatically for subsequent monthly periods, and you may terminate at any time, provided that you shall not be entitled to any refund for parts of any monthly period for which you make payment and are in respect of periods the following termination.
If you choose an annual pricing plan, the subscription shall renew automatically for subsequent annual periods, and you may choose not to renew provided that you provide at least 30 days’ written notice prior to the renewal period of your choice not to renew. If you choose an annual subscription plan, you may not terminate in the middle of such an annual period.
Support and Updates
Last Updated: September 2022
IN PLAIN ENGLISH
We provide different levels of support to all of our users.
Account Credentials
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These are meant to ensure you receive your Subscription Plan.
When you register and create a Strattic by Elementor account, you will receive credentials.
The Account Credentials allow us to authenticate, classify and ensure that your Subscription Plan receives timely support Services and software updates.
Updates
IN PLAIN ENGLISH
We may update or upgrade certain components included in the Software at our discretion.
If you purchase and fully pay for a Subscription Plan, you will receive updates made generally available during the subscription period.
These updates will be available on the websites which you bought the Subscription Plan for.
Support
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Pay for support, get support.
When you purchase a Subscription Plan that includes certain Support Services for the Software only, we will provide you) or anyone with a paid seat with support according to that specific plan.
Support is provided for Software only under the specific Subscription Plan you purchase through our channels and on a reasonable commercial effort basis.
We will use reasonable efforts to respond to any support ticket in a timely manner in accordance with the terms of the specific Subscription Plan you have purchased.
The Support Services shall not include: (i) altered or damaged Software or any portion thereof; (ii) problems caused by your negligence, abuse, or misuse of the Software; and/or (iii) downtime due to: (a) our maintenance time; (b) your own Internet service provider; (c) a force majeure event; (d) any systemic Internet failures; (e) your acts or omissions; (f) third party software; and/or (g) anything outside of our direct control.
Submission Policy
Last Updated: September 2022
IN PLAIN ENGLISH
If you post comments, feature suggestions, or other material on our support services, we may use that content when showing these posts or comments to others. Don’t post offensive material or copyright-infringing material.
You retain all Intellectual Property Rights in your content; however, to use this content, you need to grant us the permissions stated in this section.
License
You hereby grant us an irrevocable, permanent, unlimited, worldwide, royalty-free, sublicensable, non-exclusive license to use your content and to allow users to view and share your content according to the functionality of our Services and through other third-party services, including the creation of derivative works and the creation of three-dimensional works.
Warranties
You hereby warrant that you are either the sole proprietor or a designated licensee of your content and that no other party’s rights or laws are infringed or violated by your use of the content and our Services. You also warrant that no legal claim, dispute, or lawsuit was filed against you or threatened against you for publishing content through our Services.
Removal
We may remove content that breaches our terms. We may suspend or stop providing our Services to you if you breach our terms, or if we are investigating suspected misconduct. If we receive a complaint from a third-party stating that your content infringes on any of its legal rights, or is otherwise illegal, we will inspect the complaint and forward you a copy. Once we do that, we may disclose your identity to the person who filed your complaint and remove content if we believe that it is not compliant with these terms. This policy is both for DMCA (Digital Millennium Copyright Act) notices and for other notices.
Cloud Terms
In plain English: We provide hosted Strattic by Elementor services for clients who purchase a subscription. If you operate a website using our hosted service, you need to operate it legally, post only appropriate content, and avoid abusing our services.
Services
In plain English: Strattic by Elementor provides static publishing and hosting services for Internet websites. Your hosted service is limited, and we may put caps on the number of websites, storage, users, CDN locations, bandwidth, and/or CPU that are consistent with your plan.
We offer cloud-hosted services for WordPress-based websites, that come pre-installed with WordPress. We do not provide full access to the server, but only a limited web-based and sftp-based access.
The hosted services provide a storage cap and bandwidth cap, as well as other limitations as per your respective subscription plan, and are meant for bonafide use of the website. Exceeding these caps may incur additional costs.
Traffic, Bandwidth & Overage
In plain English: You may incur extra costs if you exceed your bandwidth allowance, and we may block certain traffic.
Your subscription offers capped bandwidth. Exceeding these caps may result in overage costs as detailed here. If you believe you will be repeatedly exceeding your bandwidth and/or traffic caps, please contact us to inquire about a subscription with higher caps.
We may, at our sole discretion, block certain types of traffic if it is either automatically or manually determined to be a part of an attack, malicious in any way, or an otherwise illegitimate access pattern.
Our Responsibilities
In plain English: We provide static publishing and hosting services for Internet websites as well as technical support.
We provide the Service, including technical support, as described in each Offer Description. We may enhance and refine the Service provided we do not materially reduce its core functionality. From time to time, we may perform scheduled maintenance to update the servers and software used to provide the Service. You acknowledge that we may, in certain situations, need to perform emergency maintenance of the Service without providing advance notice to You, during which time, we may temporarily suspend Your access to and use of the Service. In the vast majority of cases, visitor access to your websites will continue without interruption. However, you may not be able to update the content of your website during such maintenance.
Storing Third Party Code
In plain English: We allow you to run some external plugins but may refuse any plugin for any purpose.
We allow you to store and run third-party code as long as it adheres to our Acceptable Use Policy in our Terms of Service.
If we determine that a certain plugin is incompatible with our service, or generates an unreasonable amount of load on our system – we may contact you to attempt to resolve the issue. If we are unable to resolve the issue, we reserve the right to deny the plugin from running on our system.
We may also allow you to use some selected third-party plugins using your hosted account. These plugins are neither endorsed by us nor affiliated with us, and we assume no responsibility for their functionality.
Our offering includes an installed WordPress website, along with a special plugin that is necessary to perform the generation of the static version of the site. However, in order to allow functionality, this also may include first-party and third-party code to provide services and collect data; the removal of such pre-installed software is prohibited, even if technically possible.
Storing Third Party Content
In plain English: Take responsibility for the content you upload to our services.
If you decide to upload, embed, display or otherwise make available to the public any third-party content, you need to ensure that you have the right permission and license to do so and that such content does not harm any third party or is in violation of any law. We cannot inspect, nor do we assume responsibility, for such action.
Please note that any content displayed on your website is your responsibility, and you will be the party facing legal action if it was found in violation of this policy.
User-Generated Content
In plain English: You are responsible for your user-generated content; please set a policy for user-generated content.
Your website may contain user-generated content; meaning website comments, reviews, posts, or forum entries. Please create a policy for your end-users that deals with such content according to the applicable laws, and ensure in such policy that we are exempt from any liability.
Your Content
In plain English: Our content policy applies; please read it. Don’t post illegal content, offensive content, or other content that is in violation of any person’s rights.
The statements in our Submission Policy apply to all content on your website.
By using our Services you provide us with information, files, and folders that you submit to us (together, “your uploads”). You retain full ownership of your uploads. We do not claim any ownership of any of it. These Terms do not grant us any rights to your uploads or intellectual property except for the limited purpose of operating, promoting, and improving our Services and developing new ones.
We prohibit the use of software or scripts running on our servers that may cause the server to load beyond a reasonable level, as we may determine from time to time
You also acknowledge and agree that we reserve the right to remove sites, temporarily or permanently, if you are in violation of these Terms or if your site’s content may deem as harassing, abusive, racist, offensive, deceptive, encouraging criminal or harmful conduct, libelous, incendiary, obscene or otherwise violates any third party’s rights.
SSL Certificates
In plain English: SSL certificates are provided as is and are temporary.
We offer SSL certificates for your websites, which are based on third-party certificate services. Such certificates do not mean we inspected ownership of your website and domain name, nor do they mean that we validated such a domain’s adherence with any practices. The SSL certificates provided are temporary and are renewed on an as-needed basis.
Such certificates may be revoked at any time, either by us or by the third-party provider, for any reason.
Domains
In plain English: Respect others’ rights; only buy domains that you can legally use.
We may offer you to purchase domain names using our service, either by our own services or by a third-party service. In such a case, your purchase of domain names will be in accordance with the applicable laws and policies, and shall not infringe on any third party’s rights or applicable state laws.
Privacy
In plain English: Please add a Privacy Policy to your website; tell your users about our analytics services.
Our use of your data is subject to Data Processing Agreement and we may use third-party sub-processors according to our published list, as updated from time to time.
It is your own responsibility to present your users and website visitors with the required information to ensure their data rights, including privacy and cookie notices.
Please add to any statement the fact that you use our services, and that we use both our own and third-party analytics services, as detailed in our Privacy Policy. Please ensure that your website visitors acknowledge our use and that you understand that we may use the visitor data in accordance with our privacy policy. Please ensure your visitors are aware of the location and processing methods and are given a full and complete list of subprocesses.
Termination
In plain English: We may suspend you for breaking the rules or abusing the system and/or we may stop the service at any time with or without prior notice.
We may suspend or terminate your account if you are in violation of our Terms of Service or are abusing the Service, including any part thereof. Please note that non-payment may also result in your website suspension and that in such a case, you may lose access to your account and/or content.
We may provide a grace period following a breach of these terms or a non-payment; this period shall be at our sole discretion.
Following termination of the Services, we may provide you with an option to download some contents and components of your Content, provided that we’re not prohibited under the law from doing so. Following that grace period, we may promptly remove all your data. For the avoidance of doubt, we will not transfer your website or server content to another provider.