Please take a moment to read Accessify’s Terms carefully before using our services. Your access to and use of Accessify’s services depend on your acceptance of and compliance with these Terms. By selecting “I Accept” or “I Agree,” completing the registration process, or simply using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use the services.
To accept these Terms, you must:
(i) be at least 18 years old, or have the consent of your parent or legal guardian if you are under 18 (in accordance with the Children’s Online Privacy Protection Act – COPPA), and
(ii) have the legal capacity to enter into a binding agreement with Accessify without restriction under applicable law.
Your use of Accessify’s services may also be subject to additional terms, policies, rules, or guidelines that apply to specific features or sections of the platform. These may be updated and published by us from time to time. All such documents are incorporated into these Terms by reference and are considered part of this agreement. In the event of any inconsistency between these Terms and information found on other pages of our website, these Terms will take precedence.
Non-Exclusive License
Under these Terms and Conditions, you are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use Accessify’s Products on your website (the “License”).
Each License applies to a single website unless otherwise specified in your purchase order.
This License does not grant you any ownership or proprietary rights over the Products or any of their components. Once the Accessify Widget is embedded on your site, it cannot be reused, copied, or embedded on any other website or domain unless you obtain an additional License from us for each new domain.
You may not use the Products for any purpose beyond what is stated here, and you may not use them for commercial resale or redistribution without our prior written consent. All intellectual property rights in and to the Service remain solely with Accessify.
You agree not to, and not to allow others to:
- Sub-license, distribute, or use the Service beyond the terms outlined here.
- Copy, modify, translate, or create derivative works of the Service or its documentation.
- Reverse engineer, decompile, or attempt to obtain the source code, except as required by law.
- Rent, lease, sell, or transfer any rights related to the License or Service.
- Use any of Accessify’s trademarks, logos, or proprietary materials without written consent.
- Use any device, code, or software intended to disrupt or interfere with the Service’s operation.
Accessify Services and Digital Goods License
When you purchase any digital content or SaaS product from Accessify, you are acquiring a license to use the content or service, not ownership of it. Your usage rights remain subject to these Terms and may be revoked or limited if Accessify loses distribution rights or for other reasons stated herein.
Accessify’s products are designed to help websites move toward compliance with the WCAG 2.1 Level AA accessibility standards (“WCAG Standards”).
- Free Widget: When embedded, it provides user-activated accessibility tools that help improve accessibility for certain users once those tools are enabled.
- AI Widget: When installed, it automatically enhances your website’s accessibility in line with WCAG Standards.
- Accessibility Scanner: When you follow and implement our scanner’s remediation instructions, your website becomes more accessible in line with WCAG Standards. This applies only to code elements within the scanner’s scope (e.g., HTML) and not to non-HTML content such as PDFs, videos, or audio files.
If you notify us in writing about a specific accessibility issue or WCAG deviation, Accessify will offer professional assistance (“Professional Services”). Your report must clearly identify the particular issue and the location on your site where it occurs. We’ll use commercially reasonable efforts to:
(a) provide professional guidance;
(b) advise you on how to meet WCAG compliance; and
(c) help address the issue within our technical capabilities.
However, it remains your responsibility to apply any changes we recommend.
Accessify Support
Accessify offers technical support and assistance during standard business hours via email, live chat, or video call.
Support is available with an active subscription and is subject to timely payment of applicable fees. We’ll make every reasonable effort to resolve issues depending on their complexity and urgency.
Rules of Conduct
We strive to maintain the most accurate and up-to-date information on our website.
You may not use Accessify’s Services for any unlawful purpose or in any way that infringes upon intellectual property rights, privacy, or the rights of others.
You may not:
- Post, share, or transmit any illegal, defamatory, or harassing content.
- Use the Service for spam, unsolicited emails, or mass messaging.
- Publish false or harmful information about Accessify or any individual.
If we detect illegal or harmful use, we may report it to law enforcement. These restrictions serve as general guidelines and are not exhaustive; any activity that violates laws or disrupts our business reputation or operations is prohibited.
You also agree not to:
- Misrepresent AI-generated content as human-generated (where applicable).
- Send or store personal data belonging to minors under 13 years old.
We may use your submitted content to improve, maintain, and train our AI systems, comply with legal obligations, and enforce policies. You are responsible for ensuring that your content follows all laws and these Terms.
By using Accessify’s website or Products, you consent to receive transactional emails, updates, newsletters, and promotional materials from us. You also agree to our data collection and usage practices as described in our Privacy Policy.
Privacy
By using Accessify real-time fixation, you acknowledge that you’ve read and agree to follow Accessify’s Privacy Policy. While using this AI-powered service, you agree not to enter or share any personally identifiable information (PII). PII includes, but isn’t limited to, names, physical addresses, social security numbers, phone numbers, email addresses, or any other details that can identify a specific person.
You understand that Accessify may store your submitted code or related content on its secure servers only to improve the performance and accuracy of its AI models. Accessify will never publish, sell, or share your code or data for any external purpose.
You are fully responsible for ensuring that your use of the service complies with all applicable privacy laws and regulations in your region. This includes data protection requirements and any rules related to handling personal or sensitive information.
Accessify disclaims any responsibility or liability for privacy law violations caused by your use of the service. You assume full responsibility for any outcomes, including legal or regulatory actions, that may result from the misuse of personal data while using this platform.
For Accessify White Labeling, Affiliates, and Partners
By using Accessify’s services, white labels, affiliates, and partners confirm that:
- They have received all necessary permissions and consents from their customers to access and use any data related to their websites’ WCAG/ADA compliance, such as violation reports and usage analytics, via the Accessify dashboard.
- They have obtained all required authorizations to use customers’ personally identifiable information and other data necessary to provide and manage the related services.
- They will comply with all relevant data privacy and protection laws, ensuring appropriate security measures are in place to safeguard any data accessed or processed.
These permissions and consents are essential for resellers, affiliates, or partners to effectively deliver and manage Accessify’s services on behalf of their customers.
Payments Policy
All payments for Accessify services must be made in U.S. Dollars (USD) through our secure payment processor, Stripe.
These Terms, together with your purchase order or payment record, form the full agreement between Accessify and the customer named in the order. This agreement covers your license to use the service and any related support or documentation.
Unless stated otherwise, all payments must be made in advance and do not include applicable taxes such as sales or VAT, which are your responsibility. If a payment is delayed, interest may be charged at 1.5% per month or the maximum rate allowed by law.
By providing your payment details, you authorize Accessify to process payments through Stripe according to your subscription plan. If a payment attempt fails, Accessify may retry the payment or process a smaller prorated amount when necessary.
Subscriptions renew automatically using your saved payment method unless canceled before the renewal date.
Accessify is not responsible for any fees your financial institution may charge, such as overdraft or insufficient funds fees, resulting from payment attempts.
Refund Policy
If you’re not fully satisfied with the service, you may cancel your subscription within 14 days from the date it began. To request a cancellation, please contact us at support@accessify.app and include the following details: your full name, the domain name associated with the service, and a copy of your purchase order, receipt, or payment confirmation.
Accessify reserves the right to charge a cancellation fee as permitted by law. After the 14-day cancellation period has passed, you will no longer be eligible for a refund.
Intellectual Property
All original content, features, and functionalities of the Service are and will remain the exclusive property of Accessify and its licensors. The Service is protected by applicable copyright, trademark, and intellectual property laws. Our trademarks, content, and design elements may not be used with any product or service without prior written consent from Accessify.
You understand that certain products or features within the Service use artificial intelligence (AI) and may rely on data collected from your website for model training and improvement. By using the Service, you acknowledge and agree that it includes AI components, training models, algorithms, and related data. It is your responsibility to ensure that no third-party data provider requirements or intellectual property rights are violated in this process.
The name “Accessify”, along with any related trademarks, service marks, and logos, is the sole property of Accessify. Purchasing a license to use our products does not grant you any right to use these marks or any other intellectual property except as expressly stated in these Terms.
Any ideas, feedback, suggestions, feature requests, or comments you share with us regarding the Service (collectively referred to as “Ideas”) will become the exclusive property of Accessify. By submitting such Ideas, you irrevocably transfer all ownership and intellectual property rights to us, free of charge.
Accessify has full rights to use, modify, reproduce, publish, license, or distribute these Ideas in any form without owing you any compensation, credit, or notice. If you wish to retain rights to any ideas or materials, please do not submit them without our prior written consent.
These terms will remain in effect even after your license or use of the Service ends, regardless of the reason for termination. Nothing in this section limits or reduces any legal rights available to Accessify under applicable law.
Links to Other Websites
Our Service may include links to third-party websites or tools that allow you to interact with external platforms such as Google, Facebook, Twitter, or YouTube. These sites and services are not owned or managed by Accessify.
Accessify does not control and is not responsible for the content, privacy practices, or operations of any third-party website or service. By using these external links or integrations, you acknowledge and agree that Accessify is not liable for any damage, loss, or issue that may result from your use of, or reliance on, any content, products, or services made available through those third-party sources.
You also understand that using our Service may involve additional third-party fees, such as data charges from your mobile carrier or internet provider. You agree to pay all such fees and comply with the respective terms of those third parties. By using our Service, you expressly release Accessify from any liability connected to your interaction with third-party websites or services.
We strongly encourage you to review the terms of service and privacy policies of any third-party websites or platforms you visit to understand how they handle your data and activities.
Termination
Accessify reserves the right to terminate your access to the Service at any time, without prior notice, for any reason, including but not limited to a violation of these Terms. Once terminated, your right to use the Service will end immediately.
If you wish to cancel your access, you may stop using the Service. Termination or expiration of these Terms does not cancel any outstanding obligations, including fees due under your purchase order (PO) or any terms that survive termination.
Unless otherwise stated, all Products and Services renew automatically at the end of each subscription term. If you wish to cancel a renewal, you must provide written notice at least 60 days before your renewal date. Upon renewal, all terms and conditions of the original agreement will remain effective unless both parties agree in writing to make changes.
Indemnification
To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless Accessify, along with its subsidiaries, officers, directors, employees, agents, and representatives (collectively referred to as “Accessify’s Indemnitees”), from and against any third-party claims, actions, proceedings, or lawsuits brought against them.
This includes all related liabilities, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorney fees and litigation costs) that may arise from or relate to:
- Your breach of these Terms;
- Your use or misuse of the Service;
- Your violation of any applicable law, rule, or regulation while using the Service;
- Any warranties, representations, or statements made by you regarding the Service;
- Any third-party claims that result directly or indirectly from your use of the Service; and
- Any failure to uphold your privacy or data protection obligations.
Accessify will provide you with written notice of any claim, action, or legal proceeding for which indemnification is being sought. You agree to fully cooperate, as reasonably required, in defending such claims.
Accessify also reserves the right, at its own expense, to assume exclusive control over the defense and resolution of any matter subject to indemnification by you.
DISCLAIMER OF WARRANTIES
USE OF THE SERVICES IS AT YOUR OWN RISK. ANY RELIANCE YOU PLACE ON THE SERVICES OR PRODUCTS, INCLUDING ANY ACTION YOU TAKE AS A RESULT, IS YOUR RESPONSIBILITY.
ACCESSIFY DOES NOT GUARANTEE THAT THE SERVICES OR PRODUCTS WILL ALWAYS OPERATE WITHOUT INTERRUPTION. ACCESSIFY DOES NOT GUARANTEE THAT THE SERVICES OR PRODUCTS WILL BE FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. ACCESSIFY MAY UPDATE OR CHANGE THE SERVICES AT ANY TIME.
ACCESSIFY MAKES NO PROMISES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SERVICE. THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE AND WITH ALL FAULTS. ACCESSIFY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICE AND PRODUCTS ARE ONLY INTENDED FOR USE ON THE LICENSED WEBSITE APPROVED FOR YOUR ACCOUNT.
ACCESSIFY AND ITS SERVICE PROVIDERS, AGENTS, AND SUB CONTRACTORS DO NOT GUARANTEE THAT THE SERVICE OR PRODUCTS WILL MEET YOUR EXPECTATIONS. THEY DO NOT GUARANTEE THAT ANY DEFECTS WILL BE FIXED. SOME LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT ACCESSIFY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR SECURITY OF ANY CODE PROVIDED BY FIX MY CODE. ACCESSIFY MAKES NO GUARANTEE ABOUT THE RESULTS YOU MAY GET FROM USING THE CODE OR ITS SUITABILITY FOR ANY SPECIFIC PURPOSE. BY USING THE CODE, YOU RELEASE ACCESSIFY FROM ALL CLAIMS, DAMAGES, OR LIABILITIES RELATED TO ITS USE, WHETHER FORESEEABLE OR NOT.
YOUR EXCLUSIVE REMEDY FOR ANY FAILURE OR NON PERFORMANCE OF THE SERVICE OR PRODUCTS IS FOR ACCESSIFY TO USE REASONABLE EFFORTS TO ADJUST OR REPAIR THEM.
YOU UNDERSTAND THAT ACCESSIFY’S CUSTOM SITE REMEDIATION USES SET PATTERNS TO IDENTIFY HTML ELEMENTS THAT REQUIRE FIXES. ANY CHANGES YOU MAKE TO YOUR WEBSITE OR APPLICATION MAY DISRUPT THOSE PATTERNS AND REMOVE THE REPAIRS THAT WERE APPLIED. ACCESSIFY IS NOT RESPONSIBLE FOR ANY CLAIMS OR ACTIONS RELATED TO ACCESSIBILITY ISSUES THAT RESULT FROM CHANGES YOU MAKE AFTER THE REMEDIATION HAS BEEN DEPLOYED
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCESSIFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, DATA, PROFITS, BUSINESS OPPORTUNITIES, CONTRACTS, OR CUSTOMERS, EVEN IF ACCESSIFY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF OTHER REMEDIES FAIL TO PROVIDE ADEQUATE RELIEF.
YOU AGREE THAT ACCESSIFY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM DATA LOSS, ERRORS, SYSTEM DOWNTIME, NETWORK OR SYSTEM FAILURES, COMMUNICATION BREAKDOWNS, FILE CORRUPTION, OR INTERRUPTIONS CAUSED BY US OR OUR CONTRACTORS OR SERVICE PROVIDERS, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY CLAIM IS BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESSIFY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE SERVICE FEES YOU PAID TO ACCESSIFY FOR THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IF NO PAYMENT WAS MADE, LIABILITY SHALL NOT EXCEED US$100.
FURTHERMORE, ACCESSIFY SHALL NOT BE LIABLE FOR:
(A) ANY CLAIM OF PATENT, COPYRIGHT, OR TRADE SECRET INFRINGEMENT ARISING FROM THE USE OF ANY VERSION OTHER THAN THE MOST RECENT RELEASE OF THE SERVICE, IF SUCH INFRINGEMENT COULD HAVE BEEN AVOIDED BY USING THE LATEST RELEASE;
(B) THE SECURITY, PRIVACY, OR INTEGRITY OF ANY DATA OR INFORMATION STORED OR TRANSMITTED VIA THE SERVICE OR INTERNET, INCLUDING DATA TRANSMITTED FROM SYSTEMS LABELED “SECURE”; YOU ARE RESPONSIBLE FOR IMMEDIATELY REPORTING ANY SECURITY ISSUES TO ACCESSIFY;
(C) ANY CLAIM OF PATENT INFRINGEMENT BASED ON (I) USE OF THE SERVICE IN COMBINATION WITH MATERIALS NOT PROVIDED BY ACCESSIFY WHERE THE INFRINGEMENT WOULD NOT HAVE OCCURRED BUT FOR SUCH COMBINATION, OR (II) MODIFICATIONS MADE TO THE SERVICE BY ANYONE OTHER THAN ACCESSIFY WHERE THE INFRINGEMENT WOULD NOT HAVE OCCURRED BUT FOR SUCH MODIFICATION.
YOU REPRESENT AND WARRANT THAT:
(I) USE OF THE PRODUCTS DOES NOT GUARANTEE THAT NO CLAIMS WILL BE MADE AGAINST YOU DUE TO NON-COMPLIANCE OF YOUR WEBSITE WITH WCAG STANDARDS;
(II) ANY DISCUSSIONS WITH ACCESSIFY REPRESENTATIVES DO NOT CONSTITUTE LEGAL ADVICE;
(III) SCANNER REPORTS MAY NOT FULLY REFLECT ALL ACCESSIBILITY FEATURES, ISSUES, OR VIOLATIONS OF YOUR WEBSITE; AND
(IV) ANY PROFESSIONAL SERVICES PROVIDED ARE USED AT YOUR OWN RISK.
BY USING THE SERVICE, YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST ACCESSIFY ARISING FROM THE ABOVE MATTERS, AND ACKNOWLEDGE THAT THE FEES PAID TO ACCESSIFY WERE DETERMINED IN PART BASED ON YOUR ACCEPTANCE OF THIS WAIVER.
Arbitration and Class Action Waiver
Agreement to Arbitrate
By accessing or using any of Accessify’s services, both you and Accessify agree that any dispute, claim, or controversy connected to these Terms of Service or the use of the Services (collectively referred to as “Disputes”) will be resolved exclusively through binding arbitration rather than through the courts, unless otherwise stated in this section.
This agreement to arbitrate is intended to cover a wide range of issues and applies to any claim arising from your relationship with Accessify. This includes claims based on contract, negligence, statutory rights, misrepresentation, fraud, or any other legal theory, except where such arbitration agreements are prohibited by law.
Arbitration Process
Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures, including the AAA Consumer Arbitration Rules where applicable, with modifications outlined in this clause. You can view the AAA’s rules at www.adr.org.
The arbitration will take place in the State of New York. If the amount in dispute is $10,000 or less, either you or Accessify may choose to have the arbitration conducted by phone or through written submissions only.
Class Action Waiver
Both you and Accessify agree that all disputes will be handled individually. Neither party may bring a claim as part of a class action, consolidated action, or representative proceeding. The arbitrator is not permitted to combine claims or oversee any type of class or representative case.
By agreeing to these Terms, you knowingly waive the right to take part in any class action lawsuit or representative claim.
Exceptions to Arbitration
Despite the agreement above, either you or Accessify may seek injunctive or equitable relief in a court of competent jurisdiction if necessary to protect against actual or potential infringement, misuse, or violation of intellectual property rights.
Costs of Arbitration
The filing fees, administrative costs, and arbitrator fees will be handled according to the AAA’s rules. Each party will be responsible for its own legal fees unless the arbitrator determines that applicable law requires awarding legal fees to the prevailing party.
Severability
If any section of this Arbitration Clause is found to be invalid or unenforceable, that specific portion will be removed, and the rest of the clause will remain fully enforceable. However, nothing in this severability provision shall permit class or representative arbitration in any circumstance.
Governing Law
These Terms are governed by the laws of the State of Delaware, without considering any rules related to conflicts of law. Both parties knowingly waive the right to a jury trial for any dispute, claim, or legal action arising out of or connected to this Agreement.
If Accessify does not enforce a particular right or section of these Terms, this does not mean that such right or provision is waived. Should any part of these Terms be found invalid or unenforceable by a competent court or through arbitration, the remaining provisions will continue to apply in full force.
These Terms form the complete and final agreement between you and Accessify regarding the use of the Service and replace any previous understandings or agreements related to the Service.
No Waiver; Severability
If Accessify chooses not to exercise or enforce any right under these Terms, it does not waive that right. If any part of these Terms is ruled invalid or unenforceable, the rest of the Terms will remain effective. The invalid portion will be adjusted only as needed to make it valid and enforceable under the law.
Publications
You give Accessify and its affiliates permission to:
- Use your name, logo, and any relevant trademarks on their website, marketing materials, presentations, and press releases to identify you as an Accessify customer; and
- Refer to you as a user of the Service when needed.
Changes
Accessify may update or modify these Terms at any time, at its sole discretion. By continuing to use the Service after any changes take effect, you agree to follow the updated Terms. If you do not accept the revised Terms, you should discontinue use of the Service. Each update will clearly show the date the Terms were last revised.