WPXFacets Cloud Terms of Service

Effective date: 3 October 2026. Version: 2026-10-03-terms-v3. Publication does not automatically amend an existing customer’s contract.

These Terms of Service (“Terms”) govern access to and use of the WPXFacets managed cloud service provided by:

SC WEBIXKIT SOLUTIONS S.R.L.
VAT ID: RO45267408
Trade Registry: J13/3824/17.11.2021
Str. Arțarului, nr. 25, Camera nr. 4
Sat Siminoc, Oraș Murfatlar, Județul Constanța
Romania

Commercial brand: WPXFacets
Contact: support@wpxfacets.com
Billing contact: billing@wpxfacets.com

In these Terms, “WPXFacets”, “we”, “us”, and “our” refer to SC WEBIXKIT SOLUTIONS S.R.L..

1. Scope and acceptance

These Terms apply to the optional WPXFacets managed cloud service, including account access, subscriptions, trials, managed Elasticsearch infrastructure, related APIs, support, and optional Search Analytics features (the “Cloud Service”).

The customer’s authorised representative expressly accepts these Terms and the DPA together in one initial acceptance at checkout or onboarding, after access to both complete exact texts. The representative confirms their identity and authority to bind the contracting company. Any required customer-specific transfer instrument and completed annexes are identified and included in that same initial package before acceptance. The initial record identifies the exact document versions and hashes, any included transfer instrument and annexes, and the acceptance time. No additional contractual acceptance in the plugin is required. Account creation, plugin installation or automated service requests do not by themselves replace this initial acceptance.

Installing, copying, modifying, or using the open-source WPXFacets WordPress plugin does not by itself constitute acceptance of these Cloud Service Terms. The plugin is distributed separately under the GNU General Public License version 3 or later.

The Cloud Service is currently intended exclusively for business customers acting for purposes related to their trade, business, or profession. Consumer purchases are not supported. During the private pilot, the Cloud Service is available only to invited business customers, and customers established in Romania are not accepted.

If you accept these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity.

2. Service description

WPXFacets provides WordPress and WooCommerce search and filtering functionality.

The open-source plugin can operate locally using WordPress database queries without requiring a WPXFacets Cloud Service subscription.

A paid Cloud Service subscription provides access to services such as:

dedicated managed Elasticsearch infrastructure;
provisioning, hosting, operation, maintenance, and monitoring of that infrastructure;
managed API and gateway access;
product indexing and search operations;
account and infrastructure management tools;
support appropriate to the selected plan;
optional Search Analytics, where available and enabled.

The subscription pays for the managed service and infrastructure. It is not a licence fee for the open-source plugin and does not convert locally available plugin functionality into proprietary functionality.

An active entitlement and valid service credentials are required to access the managed infrastructure. When entitlement ends, cloud access may stop, but the customer may continue using the plugin and its locally available functionality under its open-source licence.

3. Plans, environments, and capacity

The features, capacity, price, trial conditions, support level, and other limits applicable to a subscription are those displayed at checkout or included in the applicable order or written commercial agreement.

A subscription may support up to three managed index environments or slots. The exact number available depends on the applicable plan or agreement.

One environment is designated Main. Any additional environments may be used for purposes such as staging or development.

The indexed-product capacity limit applies to the subscription and managed VPS as a whole. Usage is calculated across all product indexes and environments assigned to that VPS, not separately for each environment.

The customer must not attempt to bypass plan, capacity, environment, authentication, or usage limits.

4. Trials

If a trial is offered, its duration, capacity, recurring price, amount due immediately, and first payment date will be disclosed before the order is placed.

A payment method may be collected and verified when a trial begins. Unless otherwise stated at checkout, no subscription fee is charged during a zero-price trial.

Unless the subscription is cancelled before the disclosed trial end date, it may automatically convert to a paid recurring subscription and the disclosed recurring fee may be charged.

Trial access may have lower indexing or service capacity than the corresponding paid plan.

5. Subscription fees, billing, and renewal

Paid subscriptions are generally billed monthly in advance unless the applicable order or agreement states otherwise.

Payments are processed through Stripe or another payment provider disclosed at checkout.

Unless an order is expressly designated for manual renewal, subscriptions renew automatically at the end of each billing period until cancelled. You authorize the applicable payment provider to charge the payment method associated with your account.

You are responsible for providing complete and accurate legal, billing, address, and tax information.

If payment fails or becomes overdue, we may retry the payment, restrict provisioning, suspend Cloud Service access, or terminate the subscription in accordance with the subscription status and applicable payment process.

We may change subscription pricing by providing at least 30 days’ advance notice. A price change will ordinarily apply from a subsequent renewal date.

Except where required by applicable law or expressly provided in these Terms, fees for completed billing periods and unused portions of a billing period are non-refundable.

6. Managed infrastructure and credentials

Managed Elasticsearch infrastructure is provisioned and operated by WPXFacets using third-party infrastructure providers, currently including Hetzner.

WPXFacets assigns and discloses the dedicated managed node’s location before processing. EU sites are Nuremberg and Falkenstein in Germany and Helsinki in Finland. For a contracting company established in the United States, WPXFacets assigns Ashburn, Virginia or Hillsboro, Oregon only after the applicable DPA transfer and provisioning conditions are satisfied; provisioning is held while they are unmet. WPXFacets chooses the site; the customer does not select a Hetzner region. Singapore is not offered under this package.

A dedicated managed environment is allocated for the customer’s use during the subscription. This allocation does not transfer ownership of the VPS, physical hardware, orchestration software, gateway, or service infrastructure to the customer.

API keys, access tokens, and other credentials are confidential. The customer must:

store credentials securely;
restrict access to authorized personnel;
use credentials only for websites and environments covered by the subscription;
not publish, resell, transfer, or share credentials with unauthorized parties;
notify WPXFacets promptly if credentials may have been compromised.

We may rotate, revoke, or replace credentials when reasonably necessary for security, service operation, subscription enforcement, or legal compliance.

7. Availability, maintenance, and fallback

Unless a separate written service-level agreement states otherwise, the Cloud Service is provided on a best-effort basis and no specific uptime, response time, or uninterrupted availability is guaranteed.

We may perform maintenance, updates, security work, repairs, migrations, or emergency intervention. Planned interruptions will be communicated in advance where reasonably feasible.

When the managed search service is unavailable or returns an operational error, the WPXFacets plugin may fall back to supported WordPress database queries.

During fallback:

the storefront search and filtering interface may remain available;
requests may be processed locally instead of through Elasticsearch;
response time, scalability, or supported search behaviour may differ from managed Elasticsearch operation, particularly on large catalogs.

Fallback is intended to maintain basic storefront operation. It is not a service-level guarantee and may depend on the customer’s WordPress hosting, database, plugins, theme, configuration, and catalog size.

8. Indexing and synchronization

Managed search requires a successfully created and populated index.

The customer may need to perform an initial full synchronization before managed search becomes available. A full synchronization may also be required after changing environments, mappings, analyzers, or other incompatible search configuration.

The plugin may submit eligible content updates incrementally after the initial synchronization. Network failures, unavailable infrastructure, invalid data, incompatible mappings, capacity limits, or other operational conditions may delay or reject an update.

WPXFacets may provide status, retry, repair, and full synchronization tools. These tools do not guarantee that every source-data change will always be indexed immediately.

A full synchronization or infrastructure operation may temporarily affect managed search availability. Where supported, the plugin may use local fallback during this period.

The customer remains responsible for:

maintaining the authoritative source data in WordPress or WooCommerce;
reviewing synchronization and service status;
investigating reported failures or capacity refusals;
initiating an appropriate synchronization or contacting support when necessary.

The Cloud Service is not a backup system. Customers must retain their own authoritative copies and backups of WordPress, WooCommerce, catalog, and configuration data.

9. Customer Data

“Customer Data” means data submitted to or produced solely from the customer’s use of the Cloud Service, including:

product or catalog data;
supported WordPress or WooCommerce data submitted for indexing;
managed search configuration;
storefront search terms processed through optional Search Analytics;
Search Analytics aggregates derived solely from the customer’s storefront.

As between the parties, the customer retains all rights, title, and interest in Customer Data. No ownership of Customer Data transfers to WPXFacets.

The customer grants WPXFacets the limited rights necessary to host, transmit, index, process, secure, troubleshoot, support, retain, and delete Customer Data for the purpose of providing the Cloud Service, following the customer’s documented instructions, and complying with applicable law.

WPXFacets will not:

sell Customer Data;
use Customer Data for advertising;
use one customer’s search terms to improve another customer’s service;
add Customer Data to a shared cross-customer search corpus,

unless a future separate programme is expressly described, separately accepted by the customer, technically implemented with appropriate controls, and legally reviewed.

Enabling customer-specific Search Analytics does not constitute agreement to any cross-customer data programme.

10. Data protection roles

For account, checkout, billing, security, support, fraud prevention, and legal-compliance data for which WPXFacets determines the purposes and means of processing, WPXFacets acts as an independent controller.

Where WPXFacets processes Customer Data containing personal data solely to provide the managed service on the customer’s documented instructions:

the customer ordinarily acts as controller;
WPXFacets ordinarily acts as processor;
infrastructure providers such as Hetzner may act as subprocessors.

The final allocation depends on the actual processing activities and applicable law. Current infrastructure subprocessors and processing locations are listed on our Subprocessors page.

Before Customer Data containing personal data is processed by the managed service, the customer must complete the initial joint Terms and DPA acceptance. This authorises only the instructed processing scope; Search Analytics remains disabled until an authorised administrator enables it separately on Main. Contract acceptance is not visitor consent or automatic authorisation of a new processing purpose. Later updates that validly become applicable under section 19 do not require another signature or acceptance click.

The customer is responsible for:

establishing an appropriate lawful basis for collecting and processing storefront data;
providing required notices to visitors;
ensuring its use of the Cloud Service complies with applicable data-protection law;
responding to data-subject requests as controller;
giving WPXFacets lawful and documented processing instructions.

WPXFacets will provide the assistance required under the DPA and its incorporated Clauses; technical limitations do not waive those obligations. Customer Data accessed to troubleshoot or support the customer’s service on instructions remains processor activity. Separate business-contact and account processing for our own purposes is described in the Privacy Policy.

11. Optional Search Analytics

Search Analytics is an optional merchant feature and is disabled by default.

Where available, it may be enabled only by an authorized administrator for the Main managed environment. Secondary environments cannot enable collection or perform analytics lifecycle actions. A secondary environment assigned to the same subscription and managed server may read the bounded Main report where supported.

Search Analytics records eligible, deliberate, first-page storefront search terms and result-count information as daily, language-specific aggregates. It is designed to help merchants identify searches that return no results or become empty after filters are applied.

Search Analytics:

stores readable normalized search text and aggregate counters;
does not store a Search Analytics visitor, account, session, cookie, or IP identifier with the aggregate;
retains aggregates for a maximum of 90 UTC calendar days calculated from their original UTC calendar day;
does not send the search terms to the WPXFacets WordPress control-plane website;
stores them on the customer’s dedicated managed node;
does not automatically change search relevance;
is not an audited traffic, billing, or visitor-counting system.

Search terms are free text. They may contain names, addresses, health information, account details, or other personal data even though the feature rejects common sensitive patterns. The minimization filters do not guarantee anonymization.

The customer must ensure that administrators authorized to view the report are appropriately restricted and that the customer’s shopper-facing privacy information covers this processing.

Search Analytics aggregates are retained for a maximum of 90 UTC calendar days, calculated from the aggregate’s original UTC calendar day. WPXFacets automatically deletes expired aggregates independently of the customer’s WordPress plugin or website traffic. Disabling Search Analytics, disconnecting or uninstalling the plugin, or expiry of service access stops new collection without extending the retention of existing data. Reactivation does not reset the original day or age of an aggregate.

These actions do not themselves request immediate complete-dataset deletion. An authorised administrator may request earlier deletion through the separate confirmed action while the service is reachable, or instruct WPXFacets by contacting support@wpxfacets.com after loss of access. Automatic expiry, requested complete-dataset deletion and the DPA’s return/deletion procedure at the end of service remain distinct. Server power-off is not deletion, does not suspend the retention limit and does not justify indefinite storage.

Disconnecting the website, removing credentials, deactivating a licence, cancelling a subscription, or uninstalling the plugin does not by itself send an immediate remote analytics-deletion request. Retained data remains subject to the maximum 90 UTC calendar-day retention and the DPA deletion obligations; these actions do not prolong retention.

Because Search Analytics deliberately stores no visitor identifier, it may not be technically possible to prove that a particular aggregate relates to a particular person. Where legally required and an individual record cannot be reliably isolated, the available deletion operation may require deleting the complete Search Analytics dataset.

12. Cancellation and end of service

You may cancel a subscription through the available account controls or by contacting WPXFacets. Unless otherwise agreed, cancellation takes effect at the end of the paid billing period. A pending-cancel subscription remains eligible until that period ends; the cancellation request does not start the seven-day period early.

After effective loss of subscription entitlement, WPXFacets keeps the VPS running for seven calendar days for renewal or resolution of a payment issue. Customer access and collection are blocked, while WPXFacets-managed retention cleanup continues. This period does not add to the maximum 90 UTC calendar-day Analytics retention; expiring aggregates are deleted when they expire and reactivation never resets their age. If entitlement is not reactivated by the deadline, WPXFacets automatically destroys the VPS and verifies effective deletion, including any existing copies, in accordance with the Customer’s documented choice and the DPA’s return/deletion obligations. Pending cancellation remains eligible until the paid period ends and starts no renewal period early. A failed payment starts the period only if subscription entitlement is actually lost. Plugin uninstall, disconnection or Analytics disablement does not trigger VPS destruction while the subscription remains active.

Customers should retain authoritative source data in their own systems and request any available connected-service deletion action before access ends where possible. Loss of access does not remove rights to instruct return or deletion through support under the DPA. Earlier confirmed complete-dataset deletion is distinct from automatic expiry and end-of-service destruction. VPS power-off is not deletion and cannot suspend retention.

The initial joint agreement records the Customer’s express end-of-service deletion instruction described in the DPA. This is not a waiver of the Customer’s choice under the DPA’s Clause 10. A revised return or deletion instruction may be sent to support@wpxfacets.com before deletion; WPXFacets must record it and coordinate the legally required response before irreversible destruction. The routine seven-day schedule cannot override the DPA’s Clauses or mandatory law. No commercial or self-service export facility is promised; this does not remove legally required return/deletion duties.

WPXFacets provides no managed Elasticsearch snapshot or index-backup facility. Any other existing copies must nevertheless be identified and treated under the applicable deletion instruction. Deleting the managed environment does not delete separate account, invoice, tax, security or support records retained for their own lawful purposes.

13. Acceptable use

You must not:

use the Cloud Service for unlawful, fraudulent, harmful, or infringing activities;
submit data that you do not have the right to process;
attempt to gain unauthorized access to infrastructure, accounts, indexes, credentials, or other customers’ data;
bypass authentication, plan, capacity, rate, site, or environment restrictions;
interfere with or impose disproportionate load on the Cloud Service;
probe, scan, or test infrastructure vulnerabilities without prior written authorization;
resell or provide access to the managed service unless expressly authorized in writing;
use managed credentials outside the subscription and environments for which they were issued.

Restrictions in this section apply to the Cloud Service and managed infrastructure. They do not restrict rights granted under the open-source licence applicable to the plugin code.

14. Suspension and termination

We may suspend or terminate Cloud Service access if:

payment is overdue or fails;
the customer materially breaches these Terms;
continued service creates a material security or infrastructure risk;
suspension is reasonably required to protect another customer or the Cloud Service;
the service is used unlawfully;
suspension or termination is required by law or a competent authority.

Where reasonably possible, we will provide notice and an opportunity to remedy a breach before termination. Immediate action may be taken when necessary to address an urgent legal, security, fraud, abuse, or infrastructure risk.

If WPXFacets terminates a paid subscription without customer breach, legal requirement, security necessity, or other cause attributable to the customer, the customer will receive a prorated refund for the unused prepaid portion of the terminated billing period.

No such refund is required when termination results from the customer’s material breach, unlawful conduct, non-payment, or misuse of the Cloud Service, except where required by applicable law.

15. Intellectual property

The WPXFacets WordPress plugin is licensed under the GNU General Public License version 3 or later.

The applicable open-source licence governs the customer’s rights to use, copy, modify, and distribute the plugin code.

Except for Customer Data and open-source components, WPXFacets retains all rights in the Cloud Service, including its managed APIs, gateways, orchestration, account systems, infrastructure automation, service documentation, branding, and non-public operational software.

No rights are granted except those expressly provided by these Terms, an applicable open-source licence, or a separate written agreement.

16. Third-party services

The Cloud Service depends on third-party providers, which may include Hetzner, Stripe, WooCommerce, WordPress, domain and certificate providers, email providers, and network operators.

Third-party service failures, restrictions, policy changes, or outages may affect the Cloud Service.

Your direct use of third-party products or services may also be governed by the terms and privacy notices of those providers.

17. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Cloud Service is provided “as is” and “as available”.

WPXFacets does not warrant that:

the Cloud Service will be uninterrupted or error-free;
every source-data update will be indexed immediately;
search results will satisfy every business or merchandising objective;
fallback will provide identical performance or behaviour to managed Elasticsearch;
the Cloud Service will prevent every security incident or data loss;
the Cloud Service will meet requirements that were not expressly agreed in writing.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

18. Limitation of liability

To the maximum extent permitted by applicable law, WPXFacets will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profit, revenue, goodwill, anticipated savings, or business opportunity.

WPXFacets will not be liable for loss arising solely from:

inaccurate, incomplete, unlawful, or incompatible Customer Data;
customer configuration, plugins, themes, hosting, or source systems;
unauthorized disclosure or misuse of customer credentials;
failure to retain authoritative source data or backups;
third-party services outside WPXFacets’ reasonable control;
use of the Cloud Service contrary to these Terms or documentation.

WPXFacets’ aggregate liability arising out of or relating to the Cloud Service will not exceed the subscription fees paid by the customer during the three months immediately preceding the event giving rise to the claim.

These exclusions and limits do not apply to the extent liability cannot lawfully be excluded or limited, including liability resulting from fraud, wilful misconduct, or any other mandatory statutory liability.

19. Changes to these Terms

We may propose updates to these Terms and the service-specific information in the DPA, subject to the DPA’s unmodified Clauses and applicable law. We will email the designated contract contact a summary, access to the complete exact revised texts, their version identifiers, intended effective date and objection/termination instructions. Material changes require at least 30 days’ advance notice. Changes to obligations, processing scope, data categories, retention, locations, safeguards or protections relied on by the customer are material. Non-material corrections must not alter those protections and remain versioned.

You may object on reasonable contractual or data-protection grounds by emailing support@wpxfacets.com before the effective date. We will seek a resolution. If unresolved, or if you do not wish to continue on the revised terms, you may terminate the affected Service before the change applies without a termination penalty for rejecting the update. We will refund prepaid fees for its unused period. Return/deletion and subprocessor objections remain governed by the DPA’s Clauses.

Where this update mechanism is legally valid, continued use after the notified effective date without an unresolved timely objection makes the revised terms applicable without a new signature or acceptance click. Continued use means an informed, deliberate decision by a representative authorised to bind the company, evidenced by documented instructions to continue, a deliberate authorised renewal, or other legally sufficient conduct. Automated plugin requests, background jobs, automatic payments or renewals, silence alone and technical administrator access alone do not prove that decision. We retain evidence of notice and applicability rather than inventing later acceptances or signatures.

Until the mechanism’s legal validity and evidentiary requirements have been confirmed for the relevant contract and change, we will not rely on automated continued-use inference to bind the customer to a material update. The existing agreement continues to govern unless the parties validly agree a change. Disputed or unconfirmed applicability must be resolved under that agreement and applicable law.

Already lawfully authorised Search Analytics does not lose contractual eligibility solely for a missing repeat acceptance click when an update validly applies. The advance notice period is not an analytics grace period. New purposes require applicable instructions and legal review; subprocessors follow the DPA’s separate authorisation, notice and objection procedure; international transfers require their own mechanism and evidence. This procedure cannot modify the unmodified Article 28 Clauses or displace mandatory rights.

20. Governing law and jurisdiction

These Terms are governed by the laws of Romania, without regard to conflict-of-law rules.

Because the Cloud Service is offered only to business customers, disputes arising from or relating to these Terms are subject to the exclusive jurisdiction of the competent courts in Constanța, Romania, unless mandatory applicable law requires otherwise.

The parties will first make reasonable efforts to resolve a dispute through good-faith discussions.

21. General provisions

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

Failure to enforce a provision does not waive the right to enforce it later.

The customer may not transfer its Cloud Service subscription or contractual rights without prior written consent. WPXFacets may transfer these Terms as part of a merger, reorganization, sale of business, or transfer of the Cloud Service, subject to applicable law.

These Terms, the applicable order, Privacy Policy, Data Processing Agreement, and any expressly incorporated service-specific terms constitute the agreement governing the Cloud Service.

The DPA and its incorporated unmodified Clauses prevail over conflicting provisions of these Terms or any individually signed agreement concerning the processing they govern. For other matters, an individually signed agreement controls to the extent of a conflict. Nothing in section 18 limits mandatory data-protection duties or rights.

22. Contact

SC WEBIXKIT SOLUTIONS S.R.L.
VAT ID: RO45267408
Trade Registry: J13/3824/17.11.2021
Str. Arțarului, nr. 25, Camera nr. 4
Sat Siminoc, Oraș Murfatlar, Județul Constanța
Romania

General and legal enquiries: support@wpxfacets.com
Billing enquiries: billing@wpxfacets.com