Terms of Use

WELCOME TO ACCESSIBILITYCHECKER.ORG

  1. These Terms of Use (“Terms”), together with the documents referred to within, set out the terms and conditions on which you may use our website, AccessibilityChecker.org (our “site”), whether as a visitor, guest, or registered user. Use of our site includes (but is not limited to) accessing, browsing, using the “auditing tool” application, and/or subscribing to any information or services offered through our site.

 

  1. Please read these Terms carefully before accepting it and registering for, accessing, downloading or otherwise using our site or any of our services. By selecting the box “I Agree”, “Accept” or similar, or otherwise downloading, accessing or using our services, you acknowledge that you on your behalf as an individual and/or on behalf of your employer or another legal entity, have read, understood and agreed to comply with and be legally bound by, the terms and conditions of this agreement, and are entering a legal agreement with AccessibilityChecker.org Inc. You represent that you are at least eighteen (18) years old, and if you are entering into this agreement on behalf of your employer or other legal entity, that you have the full authority to bind said employer or legal entity to this agreement. If you do not agree, or do not have such legal authority, please do not accept these Terms and do not download or install, access or use our site and services. You hereby waive any right to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

 

  1. In the event of any conflict between these Terms and any agreement entered into between you and a partner, reseller, distributor, online marketplace or payment processor authorized by us (each a “Partner”), then, as between you and us, these Terms will prevail. Any rights granted to you in the terms and/or order form between you and a Partner, which are not included in these Terms, apply only in connection with such Partner. In that case, you must seek redress, realization or enforcement of such rights solely with such Partner and not with us.

 

  • PRIVACY

These Terms incorporate by reference our Privacy Policy and Cookies Policy, which set out how we process any personal data you provide to us or that we collect from you. By using our services, you consent to our data collection, storage, and processing practices, which comply with relevant privacy laws (e.g., GDPR, CCPA). 

  • ACCESS AND USE OF OUR SITE AND SERVICES 


  • Rights to our Tools. For any Tools consisting of software or an online service that we make

 available to you, we hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable right to access and use the site and the tools offered therein, solely for your personal and internal business purposes and in accordance with the documentation for the applicable tool; additional rights to each such tool will be included in applicable additional terms provided by us, if any. The foregoing rights are and remain subject to and conditioned on your compliance with these Terms and any applicable Additional Terms, all payment obligations and any eligibility requirements as set forth in the Offering Identification or Documentation. No right to use or access any other Unity Offering is granted or implied by your use of the Offering. You may not access or use any Offerings that are not included in your Purchase.

  • Plans

 

  1. Each plan includes one (1) subscription to use the Software Product designated for that plan as well as the plan benefits available with that plan. Your use of services and tools as part of your plan is, accordingly, subject to all rights and restrictions set forth herein with respect to the applicable plan, unless explicitly modified by this Section.

 

  1. The specific plan benefits associated with your plan are available in the applicable plans page on our site. We may modify any plan’s benefits from time to time at our sole discretion. Different services may be bundled together, including pursuant to a plan, along with services and/or any feature offered by us.

 

  • Use Restrictions

  

  1. Other than the rights explicitly granted in these Terms, you will have no other rights, express or implied, in our site, services and/or any tool (collectively, “offerings”). Without limiting the generality of the foregoing, you agree and undertake not to, directly or indirectly: (i) sell, lease, sublicense or distribute the offerings, or any part thereof, or otherwise transfer or allow any third party to use the offerings in any manner; (ii) reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the offerings’ source code; (iii) modify, revise, enhance or alter the offerings; (iv) copy or allow copies of the offerings to be made except as provided under this Agreement; (v) use any backup or archival copies of the offerings or any part thereof, or allow any third party to use such copies, for any purpose other than to replace an original copy in the event of the destruction of any offerings components, if a offering becomes defective; (vi) place any offering onto a server other than the designated server or otherwise make such offering accessible to other users or the public; (vii) use an offerings to provide third parties with managed services or any other services whether or not in return for remuneration of any kind; (viii) disclose the results of any testing or benchmarking of an offering to any third party; (ix) remove or alter any trademarks or other proprietary right notices displayed on or in an offering, ; (x) circumvent, disable or otherwise interfere with security-related features of an offering or features that enforce use limitations; (xi) export, make available or use an offering in any manner prohibited by applicable laws; and/or (xii) store or transmit any malicious code (i.e., software viruses, Trojan horses, worms, robots, malware, spyware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system) or other unlawful material in connection with an offering.

 

  1. For the avoidance of doubt, use of any third-party applications provided by us with the offering is expressly limited to use in conjunction with the offering, and may not be used independently, unless agreed in writing between you and the provider of the applicable third party application.

 

  1. In addition to the restrictions above, the use of any offerings is subject to usage limits as defined in an applicable quote or an order form (as the case may be).

 

  1. You will prevent unauthorized access to or use of the offerings and notify us promptly of any such unauthorized access or use.

 

  • Documentation. In visiting our site or purchasing a service, we may make available to you certain information,  user’s guides and technical manuals (“Documentation“). The Documentation may be used by you solely in connection with your use of the site and services. You may print or copy the Documentation as needed for its own internal business purposes provided that all copyright notices are included therein. The Documentation shall be considered our Confidential Information (as defined below).

 

  1. INTELLECTUAL PROPERTY RIGHTS 

 

  1. Our site and services are not for sale and are our sole property. All right, title, and interest, including any intellectual property rights evidenced by or embodied in, attached, connected, and/or related to the site and services and any and all features, improvements and derivative works thereof (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications you provided, and irrespective of any support and/or assistance we may, will or had received from you, or any third party on your behalf, with respect thereto), as well as any updates thereto, are and shall remain owned solely by us or our licensors. These Terms do not convey to you any interest in or to our site and services and any feature other than a limited right to use them in accordance with the terms of these Terms. Nothing herein constitutes a waiver of our intellectual property rights under any law, or be in any way construed or interpreted as such.

 

  1. If we receive any feedback (e.g., questions, comments, suggestions or the like, whether orally or in writing) (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to us and that such shall be considered our Confidential Information and you hereby irrevocably and unconditionally transfer and assign to us all intellectual property rights you may have in such Feedback and waive any and all moral rights that you may have in respect thereto. It is further understood that use of Feedback, if any, may be made by us at our sole discretion, and that we in no way shall be obliged to make use of any kind of the Feedback or part thereof.

 

  1. Portions of the site or services, including any tools thereof, distributed to you may include third party open source software (“Open Source Software”) that is subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related to such respective Open Source Software. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without warranty of any kind, whether express, implied or statutory. Notwithstanding anything in this Agreement to the contrary, we are not liable for any losses or damages which may occur resulting from the use of any Open Source Software.

 

  1. Any generic and anonymous information, which is derived from the use of the site or services, including any tool thereof, (i.e., metadata, aggregated and/or analytics information) which is not personally identifiable information is our exclusive property and may be used for any purpose including, but not limited to for development and/or for statistical purposes.

 

  • WARRANTIES

 

  1. By using, downloading or otherwise installing the site or services, including any tool thereof, you represent and warrant that you are duly organized, validly existing and/or in good standing under the laws of its jurisdiction of incorporation or organization; and that the execution and performance of these Terms will not conflict with other agreements to which you are bound or violate applicable law.

 

  1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES AND RELATED TOOLS AND FEATURES ARE PROVIDED ON AN “AS IS” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUALITY OF SERVICE. SPECIFICALLY, WITHOUT LIMITATION, WE DO NOT WARRANT THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT CONTROL, AND IS NOT RESPONSIBLE FOR, OUR PARTNER(S),  OR ANY THIRD PARTY’S ACTS OR OMISSIONS, AND SHALL HAVE NO LIABILITY FOR ANY FAILURE, UNAVAILABILITY OR DEGRADATION OF ANY THIRD PARTY BEYOND OUR REASONABLE CONTROL. THE INDEPENDENT MODIFICATION OF ANY THIRD PARTY TERMS AND/OR YOUR ENVIRONMENT AND ENGAGEMENTS COULD ADVERSELY IMPACT THE FUNCTIONALITY OR QUALITY OF OUR SERVICES OR ANY RELATED TOOLS AND FEATURES AND WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY (INCLUDING TO PROVIDE ANY REFUNDS) IF SUCH ADVERSE IMPACT OCCURS. WE WILL NOT BE RESPONSIBLE FOR ANY UNAVAILABILITY OF THE AND/OR ANY DISPUTES RELATED TO PAYMENT PROCESSING, INVOICING AND BILLING BY ANY THIRD PARTY, OR YOUR PAYMENT OBLIGATIONS TO ANY PARTNER. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IN THE EVENT A COMPENTENT COURT RULING STATES THAT SOME OR ALL OF THE ABOVE EXCLUSIONS OF IMPLIED WARRANTY ARE NOT APPLICABLE IN A CREATIN JURISDICTION, THIS DISCLAIMER WILL BE INTERPRETED TO APPLY EQUI EQUIVALENT LEGAL RIGHTS TO MAINTAIN SUCH EXCLUSIONS IN THAT CERTAIN JURISDICTION.

 

  • CONFIDENTIALITY

Each party may have access to certain non-public information of the other party, in any form or media, including without limitation trade secrets and other information related to the products, software, technology, data, know-how, or business of the other party, and any other information that a reasonable person should have reason to believe is confidential, or competitively sensitive (the “Confidential Information”). Each party shall take measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the other party’s Confidential Information from disclosure to a third party. The receiving party’s obligations under this Section 10, with respect to any Confidential Information of the disclosing party, shall not apply to and/or shall terminate if such information: (a) was already lawfully known to the receiving party at the time of disclosure by the disclosing party; (b) was disclosed to the receiving party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the receiving party has become, generally available to the public; or (d) was independently developed by the receiving party without access to, or use of, the disclosing party’s Confidential Information. Neither party shall use or disclose the Confidential Information of the other party except for performance of its obligations under this Agreement (“Permitted Use”). The receiving party shall only permit access to the disclosing party’s Confidential Information to its respective employees, consultants, affiliates, agents and subcontractors having a need to know such information in connection with the Permitted Use, who either (i) have signed a non-disclosure agreement with the receiving party containing terms at least as restrictive as those contained herein or (ii) are otherwise bound by a duty of confidentiality to the receiving party at least as restrictive as the terms set forth herein. The receiving party will be allowed to disclose Confidential Information to the extent that such disclosure is required by law or by the order or a court of similar judicial or administrative body, provided that it notifies the disclosing party of such required disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of the disclosing Party.

  • LIMITATION OF LIABILITY

 

  1. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SERVICE AND ANY RELATED TOOL OR FEATURE. WE ASSUME NO LIABILITY FOR THE COST OF ANY SERVICE OR REPAIR IF DEFECTIVE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOSS OF REVENUE, REPUTATION, OR PROFITS, DATA, OR DATA USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. EXCEPT FOR OUR INDEMNIFICATION OBLIGATION UNDER THESE TERMS; OUR MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO US UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. NOTWITHSTANDING,  THE LIMITATIONS IN THIS SECTION DO NOT DEROGATE FROM ANY RIGHT WE MAY HAVE WITH RESPECT TO PAYMENTS DUE TO US UNDER THIS AGREEMENT.

 

  1. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND APPLICATION THEREOF SHALL BE MADE IN ACCORDANCE WITH THE APPLICABLE LAW.

 

  • INDEMNIFICATION

 

  1. We agrees to defend, at its expense, any third party action or suit brought against the you alleging that our site and/or services, when used as permitted under these Terms, infringe copyrights, patent or trademarks of a third party (“IP Infringement Claim”); and we will pay any damages and liabilities awarded in a final judgment against you that are attributable to any such claim, provided that (i) you promptly notify us in writing of such claim; and (ii) you grant us the sole authority to handle the defense or settlement of any such claim and provide us with all reasonable information and assistance, at our expense. We will not be bound by any settlement that you enter into without our prior written consent.

 

  1. If our site and/or services become, or in our opinion are likely to become, the subject of an IP Infringement Claim, then we may, at our sole discretion: (a) procure for you the right to continue using our site and/or services (as the case may be); (b) replace or modify our site and/or services (as the case may be) to avoid the IP Infringement Claim; or (c) if options (a) and (b) cannot be accomplished despite our reasonable efforts, then we may terminate these Terms and in such event accept return of the affected site and/or services (as the case may be) and provide a refund for any amount pre-paid by you for such for the remaining unused period.

 

  1. Notwithstanding the foregoing, we will have no responsibility for IP Infringement Claims resulting from or based on: (i) modifications to the site and/or services made by a party other than us or our designee; (ii) your failure to implement software updates provided by us; or (iii) combination or use of our site and/or services with equipment, devices or software not supplied by us or not in accordance with its documentation.

 

  1. This Section states our entire liability, and your exclusive remedy, for claims or alleged or actual infringement.

 

  • SUBSCRIPTION AND RENEWAL; TERM AND TERMINATION

 

  1. Commencement Date: These Terms will enter into force and effect on the earlier of: (i) the date that you commence access to, or uses of our site and/or services; or (ii) the date that we receive payment of any applicable subscription fees. Unless terminated earlier in accordance with the terms of this Section, these Terms will continue in full force and effect until expiration of the initial license period specified in the quote, invoice or the Partner order form (as the case may be) (the “Initial Subscription Term“).

 

  1. Renewal: Unless otherwise is stated in the applicable quote or invoice, these Terms shall automatically renew for successive license in aligned with your Initial Subscription Term (each a “Renewal Subscription Term“, and together with the Initial Subscription Term, the “Subscription Term“), unless we or you provide a written notice to the other party within sixty (60) days prior to the expiration of the then current term of its intention not to renew the subscription and these Terms. To cancel or modify your subscription, you may do it yourself through your personal dashboard or contact us directly. 

 

  1. Termination For Cause: Either party may terminate the subscription and these Terms with immediate effect, and we may block the use of the site and services, if: (a) the other party materially breaches these Terms and such breach remains uncured fifteen (15) days after having received written notice thereof; or (b) the other party is unable to pay its debts or becomes insolvent, is the subject of an order made or a resolution passed for its administration, winding-up or dissolution (otherwise than for the purpose of a solvent amalgamation or reconstruction), or is the subject of any events or circumstances analogous to the foregoing; or (c) you have received the services and/or any tool or feature pursuant to a proof of concept (POC). 

 

  1. Termination of this Agreement shall be without prejudice to the rights and remedies of either party which have accrued up to the date of termination. Sections ‎6 (Intellectual Property Rights), ‎8 (Confidentiality), ‎7 ( Warranties)‎, 9 (Limitation of Liability), and ‎13 (Miscellaneous) shall survive the termination of this Agreement.

 

  • USE OF DATA

 

Unless otherwise stated in a separate document, during the process of registration to use the services, we may request Licensee to provide its contact information, such as: full name, organization name, phone number, valid email address and similar data, and we may use this information (i) to provide, maintain and improve our site and services, perform these Terms and any quote or purchase order, and for related purposes, and (ii) to contact you to provide you with important information, software updates, required notices, marketing promotions and related purposes. We also reserve the right to use your name and logo to present you as a customer in our site and other social media advertising or marketing promotions we may make from time to time. You agree to serve as a reference customer of ours and will cooperate with our reasonable marketing and referencing requests.

 

  • MISCELLANEOUS.

These Terms represent the complete agreement concerning the subject matter hereof. We reserve the right to modify these Terms, our site and our services at any time by sending you a notification of such change (in case of a material change) and/or publishing the revised Terms on our site. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any use of our site and services by an agency, department, or other entity of the United States government shall be governed solely by these terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written consent. Any assignment or breach of these Terms shall be null and void. These Terms shall be governed by and construed under the laws of the State of New-York, NY, USA. The competent courts of New-York, NY, USA, shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties. We will not be liable for any delay or failure to comply with its obligations resulting from circumstances or causes beyond our reasonable control.