Terms of service

wpbuildora is a service of Raffaele Gacioppo, registered at Via Enrico Berlinguer 73, 47854 Montescudo-Monte Colombo (RN), Italia, VAT number 04518190402 ("we", "us"). You can write to us at contact@wpbuildora.com. All our details are in the Legal notice.

These terms govern the use of the wpbuildora platform, of the "wpbuildora Connector" WordPress plugin and of our WordPress theme (together, "the service"). By creating an account you accept them. How we handle your personal data is explained in the Privacy policy.

Some rules apply only if you are a consumer, that is if you use the service for purposes outside your trade, business or profession; others only if you are a business or professional. When a rule applies to only one of the two, we say so. No clause of these terms takes away from a consumer the rights that the law of their country does not allow to be taken away.

wpbuildora builds and edits WordPress sites through a chat conversation. You describe what you want; the assistant makes a proposal, generates pages and content, writes them to your WordPress as drafts and asks for your confirmation before publishing them.

To use the service you need a WordPress site that you manage and our plugin, which you install yourself. The service does not include hosting for your site, a domain or other people's plugins.

• You must be at least 18 years old.
• The details you give us must be true and up to date, starting with your email: we use it for communications about the contract.
• Keep your password confidential. If you think someone knows it, change it right away and write to us.
• You are responsible for what happens with your account, unless use by others is our fault.

The service is used with a monthly or yearly subscription. Each plan includes a maximum number of connected sites and a monthly amount of credits, which pay for the assistant's work. Plans, prices and what they include are described in Plan and subscription and on the payment page, before you pay.

• Free trial: the first time, you can try a plan for free for the number of days shown when you choose it. A card is needed to activate it. If you don't cancel before the trial ends, the subscription starts and is charged. The trial is available once per account.
• Plan credits: they arrive every month and expire at the end of the month.
• Top-ups: you can buy extra credits; they don't expire as long as your account exists. The assistant uses plan credits first.
• Personal key: you can use your own key from an artificial intelligence provider. In that case you pay for usage directly to the provider, following its terms, and you don't use credits. The subscription is still required.
• Credits are not money: they cannot be converted into money, transferred to other accounts or earn interest, except for the refund provided for in case of withdrawal.

Prices are in euros. On the payment page you see the final price, including the taxes due in your country. If you pay from a country with another currency you can choose to pay in your currency: the conversion is done by our payment provider, with the rate and fee shown next to the price before you confirm.

Payments are handled by Stripe: we don't see or store your full card details. You'll find your invoices in Plan and subscription, under Payments, invoices and cancellation.

If a payment fails, Stripe retries for a few days and you can update your card. If after the retries the payment still fails, the subscription may stop.

The subscription renews automatically at the end of each period (month or year), at the same price, until you cancel it. If the price changes we'll tell you by email at least 30 days before the renewal, and you can cancel before it applies.

• Plan change: when moving to a higher plan you pay the difference for the remaining days right away; when moving to a lower one, the change applies as shown on the confirmation page.
• Cancellation: you can cancel at any time, without giving a reason and at no cost, with the "Cancel the contract here" button on the Cancel or withdraw page, or from Plan and subscription. We send you a confirmation by email straight away. The subscription stays active until the end of the period already paid for, then stops; the current period is not refunded, except for the withdrawal described below.

If you are a consumer you have 14 days to withdraw from the contract without giving any reason and without penalty. The 14 days start on the day you take out the subscription (even if you start with the free trial) or buy a top-up.

How to withdraw. The simplest way is the "Withdraw from the contract here" button on the Cancel or withdraw page, available for the whole 14 days, even without logging in. You can also send us a clear statement by email to contact@wpbuildora.com, if you like using the form at the end of these terms. It's enough to send it before the 14 days are over. We confirm by email right away that we've received it.

Immediate start. The service starts right after payment only if you expressly ask us to, with the checkbox on the payment page. In that case, if you withdraw, you only pay for the part of the service you have already received:

• for a subscription, the part of the price proportional to the days elapsed until the withdrawal;
• for a top-up, the credits you have already used, at the price you bought them for.

During the free trial you pay nothing. We refund everything else within 14 days of the withdrawal, using the same payment method you used, at no cost to you. With the withdrawal the subscription stops immediately and the unused credits of that purchase are removed.

If you live in Brazil, your right of regret (art. 49 of the Código de Defesa do Consumidor) is included in these 14 days.

The texts, images, pages and code that the assistant generates ("generated content") come from an artificial intelligence system and may contain errors, inaccuracies or similarities with existing content. That's why the builder writes drafts and asks for your confirmation before publishing.

• Before publishing, check the content: facts, prices, claims about your products, the legal texts of your site. What you publish on your site is your responsibility.
• We don't guarantee particular results, for example in search engine rankings or sales.
• To the extent the law allows, the content generated for you is yours and you can use it freely, including for commercial purposes. We claim no rights over it.
• We don't use your content or your conversations to train artificial intelligence models.

The texts, images, files and instructions you give us remain yours, including the sites you point to as a reference ("materials"). You allow us to use them only to provide the service to you: for example to read them, transform them and send them to the artificial intelligence providers that process them for us. This permission ends when you delete them or close your account, except for copies the law requires us to keep.

You must have the right to use the materials you give us. If you point to a site as a reference, the builder takes its style and structure: don't ask us to copy other people's texts, images or trademarks unless you have permission to do so.

You may not use the service to:

• create or spread content that is illegal, offensive, discriminatory, incites violence or infringes other people's rights (copyright, trademarks, privacy);
• create sites that impersonate others, collect data deceptively (phishing) or spread malicious software;
• send spam or unsolicited communications;
• get around the limits of plans and credits, the security measures or the controls of the service;
• copy, decompile or resell the service, except as the law allows in any case;
• overload the service with automated requests or in an abusive way.

You connect your site by installing our plugin and using a connection key. This lets the builder read the site and write pages, content and settings to it. The builder works in drafts and publishes only when you confirm; the most sensitive operations always ask for your approval.

The site remains yours and your responsibility: hosting, backups, updates to WordPress and other plugins, security and published content. Before important changes we recommend making a backup. You can disconnect the site whenever you want, by deactivating the plugin or from the builder; content already written stays in your WordPress.

You can connect apps from other providers to the builder (for example Google, Mailchimp or your own Stripe), through our provider Composio. By using them you also accept those providers' terms. The builder acts on your apps only when you ask it to, and asks for confirmation for actions that change something. We are not responsible for how other people's services work.

When working on your site and your apps, the service may process personal data of other people for which you are the controller: for example the names on your site's pages or the contacts in an email list. For this data we act as a processor on your behalf (art. 28 GDPR), and this section serves as the data processing agreement:

• we process the data only to provide the service and according to your instructions, which are your requests in the builder;
• people working for us are bound to confidentiality;
• we protect the data with appropriate security measures, described in the Privacy policy;
• we use the providers (sub-processors) listed in the Privacy policy, with the same obligations; we notify you before adding new ones, and you can object by cancelling;
• we help you respond to requests from data subjects and notify you without undue delay in case of a data breach;
• at the end of the contract we delete the data, except what the law requires us to keep;
• on request, we give you the information needed to check that we meet these obligations.

You are responsible for having a legal basis for the data you have us process and for informing the people concerned.

We do our best to keep the service always available, but there may be interruptions for maintenance, faults or problems with our providers. When we can, we announce scheduled maintenance in advance.

The service evolves: we may add, change or remove features. If a change takes away something important from your plan, we tell you at least 30 days in advance and you can cancel at no cost; if you are a consumer and the change harms you in a non-negligible way, you can also withdraw and get a refund of the part already paid and not used.

If you are a consumer, the service must conform to what was promised for the whole duration of the contract (articles 135-octies and following of the Italian Consumer Code). If it doesn't, write to us: we bring it into conformity within a reasonable time and at no cost; if we can't, you can ask for a price reduction or terminate the contract.

You can download your data at any time in a readable file, from Account settings, Data and privacy section: profile, sites, conversations, content and credit transactions. The pages you created stay in your WordPress in any case.

If you want to move to another provider, the EU Data Act (Regulation (EU) 2023/2854) gives you the right to ask for it with a maximum notice of 2 months: we help you export your data in a common format, within 30 days of the end of the notice period, with no switching charges. The contract ends when the switch is complete.

You can close your account whenever you want from Account settings: the subscription is cancelled right away, you have 30 days to change your mind, then we delete your data as explained in the Privacy policy.

We may suspend or close an account if it seriously breaches these terms, for example through unauthorised use, an unjustified payment dispute or a risk to the security of others. We warn you first and, when possible, give you a way to fix the problem; without warning only if necessary to prevent harm. WordPress sites stay online as they are. If we close the account through no fault of yours, we refund the part already paid and not used.

We are liable for damage caused by us in accordance with the law. We are not liable for damage due to causes beyond our control, such as problems with your hosting, WordPress, plugins or other people's services, nor for content published without checking it.

If you are a business, our total liability is limited to what you paid us in the 12 months before the damage, and we are not liable for indirect damage, such as lost profits or loss of data for which you had no backup.

These limits never apply to damage caused intentionally or by gross negligence, to personal injury, or in any case where the law does not allow liability to be limited.

We may update these terms, for example for new features or new laws. We notify you by email at least 30 days before an important change takes effect. If you don't agree, you can cancel before then, at no cost; if you keep using the service after that date, the new terms apply. At the top of the page you'll find the date of the last update.

These terms are governed by Italian law. If you are a consumer and live in another country, you still keep the protections that the law of your country does not allow to be taken away, and for disputes you can go to the courts of the place where you live.

If you are a business, the courts of Rimini have exclusive jurisdiction over any dispute.

For a complaint, write to us at contact@wpbuildora.com: we reply within 14 days. If you are a consumer you can also turn to an alternative dispute resolution (ADR) body or to consumer associations; the European Commission provides information about these bodies.

If you'd rather not use the button, you can copy this form, fill it in and send it to us by email at contact@wpbuildora.com.

• To: Raffaele Gacioppo, Via Enrico Berlinguer 73, 47854 Montescudo-Monte Colombo (RN), Italia, contact@wpbuildora.com
• I hereby give notice that I withdraw from my contract for the supply of the following service: wpbuildora (subscription to the … plan / credit top-up of …)
• Taken out on: …
• Name: …
• Account email: …
• Date: …