Terms of Service
We (the folks at 10up) run a search and query engine called ElasticPress.io and would love for you to use it. ElasticPress.io is a paid service that enables you to connect the ElasticPress plugin on your website to our hosted search and query engine and “index” (i.e. make a copy of) your content for the purpose of searching and querying it with better performance, or in ways not possible with built-in WordPress search. Our service is designed to give you as much control and ownership over your search experience as possible. However, be responsible in what you index. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your index. If you find an ElasticPress.io index that you believe violates these Terms of Service, please email [email protected].
(Portions of the below Terms of Service are based on a document available under a Creative Commons Sharealike license provided by Automattic.)
Terms of Service
We refer to 10up Inc. as “10up” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by 10up, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires an ElasticPress.io account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your ElasticPress.io Account and Subscription. If you create an account or purchase a subscription on ElasticPress.io, you are responsible for maintaining the security of your account and ElasticPress.io subscription, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify 10up of any unauthorized uses of your account, your ElasticPress.io index, or any other breaches of security. 10up will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to ElasticPress.io, post links on ElasticPress.io, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using ElasticPress.io, you represent and warrant that your Content and conduct do not violate these Terms. If you delete Content, 10up will use reasonable efforts to remove it from ElasticPress.io, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, 10up has the right (though not the obligation) to, in 10up’s sole discretion, (i) reclaim your username or ElasticPress.io URL due to prolonged inactivity or non payment, (ii) refuse or remove any content that, in 10up’s reasonable opinion, violates any 10up policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ElasticPress.io to any individual or entity for any reason. 10up will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. We offer free HTTPS on all ElasticPress.io plans by default, via Let’s Encrypt.
- Prohibited Uses. When using ElasticPress.io, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use ElasticPress.io to overburden 10up’s systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- Cancellation. If you cancel your subscription to ElasticPress.io, we will queue your ElasticPress.io index for deletion.
5. Responsibility of Visitors.
10up has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, 10up does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 10up disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
6. Fees, Payment, and Renewal.
- Fees. Some of our Services are offered for a fee — such as ElasticPress.io, while other Services may be free. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Payment. If you payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a ElasticPress.io annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
7. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ElasticPress.io links, and that link to ElasticPress.io. 10up does not have any control over those non-ElasticPress.io websites, and is not responsible for their contents or their use. By linking to a non-ElasticPress.io website, 10up does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 10up disclaims any responsibility for any harm resulting from your use of non-ElasticPress.io websites and webpages.
8. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by 10up.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
9. Copyright Infringement and DMCA Policy.
As 10up asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ElasticPress.io violates your copyright, you are encouraged to notify 10up at [email protected]. 10up will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 10up will terminate a visitor’s access to and use of the ElasticPress.io service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 10up or others. In the case of such termination, 10up will have no obligation to provide a refund of any amounts previously paid to 10up.
10. Intellectual Property.
This Agreement does not transfer from 10up to you any 10up or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with 10up. 10up, ElasticPress, the ElasticPress logo, and all other trademarks, service marks, graphics and logos used in connection with ElasticPress.io or our Services, are trademarks or registered trademarks of 10up or 10up’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any 10up or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
10up may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ElasticPress.io subscription (if you have one), you may cancel by logging on to ElasticPress.io with your account and selecting the “Cancel” option. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Disclaimer of Warranties.
Our Services are provided “as is.” 10up and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 10up nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
16. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sacramento County, California.
17. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sacramento, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
18. Limitation of Liability.
In no event will 10up, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 10up under this Agreement during the twelve (12) month period prior to the cause of action. 10up shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
19. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
20. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and 10up reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless 10up, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between 10up and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 10up, or by the posting by 10up of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 10up may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.