Terms of Use
Last Updated: January 2025
These Terms of Use ("Terms") govern your access to and use of the Accessly website, accessibility widget, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing, browsing, or using the Accessly Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.
2. Description of Services
Accessly provides:
- •Accessibility Widget: A customizable tool that enables user-side accessibility adjustments including contrast, text size, keyboard navigation, and other features
- •Audit Services: Professional WCAG compliance audits and accessibility assessments
- •Support Services: Technical support, implementation assistance, and ongoing maintenance
- •Documentation: Guides, tutorials, and resources for implementing and using our Services
Our Services are designed to help improve website accessibility but do not guarantee full WCAG or ADA compliance without additional remediation work.
3. License and Usage Rights
Subject to your compliance with these Terms and payment of applicable fees, Accessly grants you a limited, non-exclusive, non-transferable, revocable license to:
- •Install and use the Accessly widget on your website(s) as specified in your subscription plan
- •Access and use our Services for lawful business purposes
- •Receive updates and support as included in your plan
This license does not include the right to:
- •Resell, redistribute, or sublicense our Services
- •Reverse engineer, decompile, or modify our software
- •Remove or alter any proprietary notices or branding
- •Use our Services for any illegal or unauthorized purpose
4. User Obligations and Restrictions
You agree to:
- •Provide accurate and complete information during registration
- •Maintain the security of your account credentials
- •Use the Services only for lawful purposes and in compliance with applicable laws
- •Not attempt to gain unauthorized access to our systems or other users' accounts
- •Not use the Services to transmit malware, spam, or harmful content
- •Not interfere with or disrupt the integrity or performance of our Services
- •Comply with all applicable data protection and privacy laws
5. Payment Terms and Subscriptions
**Pricing**: All prices are displayed in Euros (€) and are subject to applicable VAT or other taxes.
**Subscription Plans**: Services are provided on a subscription basis (annual or biennial). Your subscription will automatically renew at the end of each term unless cancelled.
**Payment**: Payment is arranged after you contact us and agree to the terms. Payment is due in advance before service activation. We will provide you with payment instructions and available payment methods.
**Promotions and Discounts**: We may offer promotional discounts, seasonal offers, early bird specials, or other special pricing from time to time. These promotions:
- •Are subject to specific terms and conditions that will be communicated at the time of the offer
- •May have limited availability and expiration dates
- •Cannot be combined with other offers unless explicitly stated
- •Apply only to new subscriptions unless otherwise specified
- •Do not apply retroactively to existing subscriptions
- •Are offered at our sole discretion and may be modified or discontinued at any time
**Refunds**: We offer a 7-day money-back guarantee for new subscriptions. After this period, fees are non-refundable except as required by law.
**Late Payment**: Failure to pay may result in suspension or termination of your access to the Services.
**Price Changes**: We reserve the right to change our pricing with 30 days' notice to existing subscribers.
6. Intellectual Property Rights
**Ownership**: Accessly and its licensors own all rights, title, and interest in and to the Services, including all software, technology, content, trademarks, and intellectual property.
**Your Content**: You retain ownership of any content you provide through the Services. By using our Services, you grant us a limited license to use your content solely to provide the Services.
**Feedback**: Any feedback, suggestions, or ideas you provide to us may be used by Accessly without any obligation to you.
**Trademarks**: Accessly, our logo, and other marks are trademarks of Accessly. You may not use our trademarks without our prior written consent.
7. Warranties and Disclaimers
**Limited Warranty**: We warrant that our Services will perform substantially as described in our documentation under normal use.
**DISCLAIMER**: EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
**No Guarantee of Compliance**: While our Services are designed to help improve accessibility, we do not guarantee that use of our widget alone will result in full WCAG or ADA compliance. Achieving legal compliance requires a comprehensive approach including professional audits, code remediation, and ongoing monitoring.
**Third-Party Services**: We are not responsible for any third-party services, websites, or content accessed through our Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- •Accessly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption
- •Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid to Accessly in the 12 months preceding the claim
- •Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you
9. Indemnification
You agree to indemnify, defend, and hold harmless Accessly, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- •Your use or misuse of the Services
- •Your violation of these Terms
- •Your violation of any rights of another party
- •Your violation of applicable laws or regulations
10. Term and Termination
**Term**: These Terms remain in effect while you use our Services.
**Termination by You**: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period.
**Termination by Us**: We may suspend or terminate your access to the Services immediately if you:
- •Breach these Terms
- •Fail to pay applicable fees
- •Engage in fraudulent or illegal activity
- •Pose a security risk to our Services or other users
**Effect of Termination**: Upon termination, your right to use the Services will cease immediately. We may delete your data in accordance with our data retention policies.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- •Posting the updated Terms on our website
- •Sending an email to your registered address
- •Displaying a notice when you log in to your account
Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.
12. Governing Law and Dispute Resolution
**Governing Law**: These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
**Dispute Resolution**: Any disputes arising from these Terms or the Services shall be resolved through:
- •Good faith negotiations between the parties
- •Mediation, if negotiations fail
- •Binding arbitration or litigation in [Your Jurisdiction] courts
**Class Action Waiver**: You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits.
13. General Provisions
**Entire Agreement**: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Accessly.
**Severability**: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
**Waiver**: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
**Assignment**: You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
**Force Majeure**: We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.
14. Contact Information
If you have any questions about these Terms of Use, please contact us at:
Email: office@accessly.net