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Terms and Conditions

Last updated: January 15, 2025 - Version 1.1

These Terms and Conditions ("Terms") govern the use of the Usabilis plugin and related services provided by STUDIO 09 di Stefano Grieco & C. SNC. By using our service, you agree to be bound by these Terms.

Definitions

"service"
The Usabilis plugin, documentation, and any service provided by STUDIO 09.
"noi", "nostro"
STUDIO 09 di Stefano Grieco & C. SNC, VAT IT01710080472.
"tu", "utente", "cliente"
The individual or legal entity purchasing and using the Service.
"licenza"
The right to use the Service according to the terms specified in the type of license purchased.
"plugin"
The Usabilis software for WordPress.
"sito"
A WordPress installation where the Plugin is activated.

License Grant

2.1 Rights Granted

Subject to payment of applicable fees, we grant you a non-exclusive, non-transferable, and revocable license to use the Service according to the type of license purchased:

License Type Allowed Domains Features Support
Basic 1 domain All basic features Standard email
Pro 5 domains Basic + Customization Priority
Enterprise Unlimited All + White label + CSS Priority

2.2 License Duration

The license is valid for 12 months from the purchase date. It includes:

  • Access to all software updates
  • Technical support according to the level purchased
  • Bug fixes and security patches

2.3 Activation

You can activate the license only on the number of domains specified by your plan. Activation on unauthorized domains will result in automatic license suspension.

Usage Restrictions

It is expressly prohibited to:

  • Resell, sublicense, distribute, or transfer the license to third parties
  • Modify, decompile, or reverse engineer the code
  • Remove or alter copyright notices or trademarks
  • Use the Service for illegal or unethical purposes
  • Share access credentials with third parties
  • Exceed the usage limits of your license
  • Attempt to bypass security or license verification measures

Violation of these restrictions will result in immediate license termination without refund.

User Account

4.1 Account Responsibility

You are responsible for:

  • Maintaining the confidentiality of your credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Providing accurate and up-to-date information

4.2 Requirements

To use the Service you must:

  • Be at least 18 years old or of legal age in your country
  • Have the legal capacity to enter into binding contracts
  • Not have been previously banned from the Service

Payments and Renewals

5.1 Prices and Payment

  • All prices are in Euro and subject to VAT according to current rates
  • Payment is due at the time of order
  • We accept credit cards
  • Prices may be changed with 30 days notice

5.2 Renewals

The license does not auto-renew. You will receive email notifications:

  • 30 days before expiration
  • 15 days before expiration
  • 7 days before expiration
  • On the expiration day

5.3 Refund Policy

30-day money-back guarantee

If you are not satisfied with the Service, you can request a full refund within 30 days of purchase. The refund is subject to license deactivation.

Refund exclusions: Purchases made with full awareness of product limitations as described in section 8 are not refundable.

5.4 License Upgrade

You can upgrade to a higher plan at any time. The cost will be calculated pro-rata based on the remaining time on your current license.

Intellectual Property

6.1 Our Rights

The Service, including software, documentation, graphics, logos, and other materials, are the exclusive property of STUDIO 09 and are protected by copyright and intellectual property laws.

6.2 Your Content

You retain all rights to content you upload or create using the Service. You grant us a limited license to use such content only to the extent necessary to provide the Service.

6.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and we may use them without any compensation or attribution.

Warranties and Limitations

7.1 Limited Warranties

We warrant that:

  • The Service will function substantially as described in the documentation
  • We will make commercially reasonable efforts to keep the Service available
  • The Service is provided without known viruses or malicious code
  • The Service does NOT guarantee compliance with web accessibility standards (WCAG, ADA, etc.)

7.2 Warranty Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE"

We do not warrant that the Service will be uninterrupted, error-free, or meet all your specific needs. Your use of the Service is at your own risk.

7.3 Limitation of Liability

In no event shall STUDIO 09 be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Our total liability shall not exceed the amount paid for the license in the 12 months preceding the event that caused the damage.

Accessibility Disclaimer and Service Limitations

IMPORTANT - SERVICE LIMITATIONS

Usabilis is an accessibility support tool that does NOT guarantee compliance with WCAG 2.1, Section 508, ADA, Stanca Law, or any other web accessibility regulations.

8.1 What the Service CANNOT do

The Customer expressly acknowledges that the Service CANNOT:

  • Guarantee legal compliance of the website with accessibility regulations
  • Fix structural accessibility issues such as:
    • Missing alternative text for images
    • Non-semantic or malformed HTML
    • Forms without appropriate labels
    • Videos or audio without captions/transcripts
    • Keyboard navigation issues in the original code
    • Insufficient color contrast in the site design
  • Replace a professional accessibility audit
  • Eliminate the need to design the site following WCAG guidelines

8.2 Customer Responsibility

The Customer is solely responsible for:

  • Their website's compliance with current accessibility regulations
  • Correct implementation of WCAG guidelines from the design phase
  • Regular testing with assistive technologies and users with disabilities
  • Any penalties or legal actions arising from non-compliance

8.3 Nature of the Service

The Service provides exclusively visual customization options and additional features that may improve the experience of some users with disabilities, but:

  • Does not replace accessible design
  • Does not fix existing accessibility standard violations
  • Can only be helpful if the site is already built following accessibility best practices

8.4 Disclaimer of Liability

STUDIO 09 expressly disclaims all liability for:

  • Accessibility complaints from users
  • Administrative penalties for non-compliance
  • Legal actions related to site accessibility
  • Economic losses arising from accessibility issues
  • Reputational damage related to non-compliance

8.5 Obligation to Understand

By using the Service, the Customer declares they fully understand these limitations and do not rely on the Service as the sole solution for accessibility compliance.

Software Updates and Modifications

9.1 Automatic Security Updates

We reserve the right to release critical automatic security updates to protect our users and service integrity. These updates:

  • May be installed automatically without notice
  • Are limited to critical vulnerability fixes
  • Will not substantially modify functionality

9.2 Feature Updates

Updates that add or modify features:

  • Will be notified through the WordPress panel
  • Will require manual confirmation for installation
  • Will include detailed release notes
  • May require compatibility testing

9.3 Deprecated Versions

We may discontinue support for obsolete Plugin versions. In such case:

  • We will provide at least 6 months notice
  • We will offer a migration path
  • Deprecated versions will no longer receive security updates

Data Collection and Telemetry

10.1 Data Collected by the Plugin

The Service automatically collects the following data for operation and service improvement:

  • Usage data: user actions in the widget, features used, frequency of use
  • Technical data: WordPress version, PHP version, active theme, other active plugins
  • Performance data: loading times, JavaScript errors, compatibility issues
  • Anonymous user data: preferred settings, accessibility profiles used

10.2 Purpose of Collection

Data is used exclusively for:

  • Verifying proper license operation
  • Providing effective technical support
  • Improving product features
  • Identifying and resolving bugs
  • Generating anonymous aggregate statistics

10.3 Opt-out

You can disable telemetry by contacting support, but this may limit our ability to provide effective assistance and targeted updates.

Support and Maintenance

11.1 Included Support

Technical support is provided according to your license level:

Level Channel Response Time Hours
Basic Email 48-72 hours Mon-Fri 10-17
Pro & Enterprise Email priority 24-48 hours Mon-Fri 10-17

11.2 What Support Includes

  • Installation and configuration assistance
  • Bug and technical issue resolution
  • Documentation clarifications
  • Feature usage guidance

11.3 What Support Does NOT Include

  • Custom modifications
  • Third-party software integration
  • Training or consulting
  • Resolving issues caused by unauthorized modifications

Termination

12.1 Termination by You

You may terminate these Terms at any time by ceasing use of the Service and deactivating your license. You are not entitled to refunds for voluntary termination after the 30-day period.

12.2 Termination by Us

We may terminate or suspend your access immediately, without notice, for:

  • Violation of these Terms
  • Non-payment
  • Fraudulent or illegal activities
  • Attempting to hack or damage the Service
  • Upon request by competent authorities

12.3 Effects of Termination

Upon termination:

  • Your license will cease immediately
  • You must cease all use of the Service
  • You must destroy all copies of the software
  • Provisions that by their nature survive will continue to apply

Privacy and Data Protection

Use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal data.

By using the Service, you consent to the processing of your data as described in the Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless STUDIO 09, its officers, employees, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Violation of these Terms
  • Violation of third-party rights
  • Your content or activities

Applicable Law and Jurisdiction

These Terms are governed by Italian law, without regard to conflict of law principles.

For any dispute arising from these Terms, the exclusive competent court shall be that of Pistoia, Italy.

For consumers: mandatory rights provided by consumer protection regulations of the country of residence remain unaffected.

Modifications to Terms

We reserve the right to modify these Terms at any time. Modifications will be effective:

  • For new users: immediately
  • For existing users: 30 days after notification

We will notify you of substantial changes via email. Continued use of the Service after modifications constitutes acceptance of the new Terms.

General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and STUDIO 09 regarding the Service and supersede any prior agreements.

17.2 Waiver

Failure to enforce any provision does not constitute a waiver of such provision or the right to enforce it in the future.

17.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights to any successor or purchaser.

17.5 Force Majeure

We shall not be liable for delays or failure to perform due to causes beyond our reasonable control.

Contact

For questions about the Terms and Conditions:

STUDIO 09 di Stefano Grieco & C. SNC
Email: legal@studio09.it
PEC: studio09@pec.it
Phone: +39 0573 308519
Address: Via Pietro Borgognoni 15, 51100 Pistoia (PT), Italy

Table of Contents
  • 1. Definitions
  • 2. License Grant
  • 3. Usage Restrictions
  • 4. User Account
  • 5. Payments and Renewals
  • 6. Intellectual Property
  • 7. Warranties and Limitations
  • 8. Accessibility Disclaimer and Service Limitations
  • 9. Software Updates and Modifications
  • 10. Data Collection and Telemetry
  • 11. Support and Maintenance
  • 12. Termination
  • 13. Privacy and Data Protection
  • 14. Indemnification
  • 15. Applicable Law and Jurisdiction
  • 16. Modifications to Terms
  • 17. General Provisions
  • 18. Contact

Privacy Policy
Termini di Servizio
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P.IVA IT01710080472 - Via Pietro Borgognoni 15 - Pistoia, Italia