Terms of Use | Accessible Link

AccessibleLink Terms of Use

Updated: January 2025.

Please carefully review these Terms before using the Services. Access to and use of the Services are contingent upon your acceptance and adherence to these Terms. This agreement can be indicated by selecting the “I Accept” or “I Agree” option in some of the Products, completing the registration process, or using the Services. By accessing or utilizing the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use or access the Services. To accept these Terms, you must (i) be at least 18 years old, or have obtained the consent of your parent or guardian in accordance with the United States’ Children’s Online Privacy Protection Act (COPPA), and (ii) have the legal capacity to enter into a binding contract with us and not be prohibited by applicable laws from doing so.

Your use of the Services is also subject to any additional terms, policies, rules, or guidelines that may be published by us from time to time. All such additional terms are incorporated by reference and form an integral part of these Terms. In case of any conflict between these Terms and other pages on the website, the provisions of these Terms shall prevail.

Non-exclusive License

Subject to these Terms, you are granted a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license to install and use the Products on your website (the “License”). This License applies only to one website unless otherwise specified.

This License does not grant ownership rights over the Products or any part thereof. After embedding the Widget on your website, it may not be used on other domains or websites without obtaining an additional License from us.

You are prohibited from using the Products for any purpose other than specified in these Terms. Commercial use of the Service requires prior written approval from us. All rights not explicitly granted to you are reserved by AccessibleLink.

Without limiting the generality of the above, you agree not to (and not permit any third party to): (i) sublicense, distribute, or use the Service beyond the boundaries set by these Terms; (ii) copy, modify, reproduce, adapt, translate, or create derivative works based on the Service or its documentation; (iii) reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service, except where allowed by applicable law; (iv) rent, lease, license, sell, assign, or transfer any rights associated with the License or the Service; (v) use AccessibleLink’s trademarks, logos, or proprietary rights without prior written consent; or (vi) introduce any device, software, or process that disrupts or interferes with the functioning of the Service.

AccessibleLink Service and Digital Goods License Disclosure

When you obtain digital content or services from AccessibleLink, you are obtaining a license to use or access the SaaS digital Products or other digital content (collectively, "Digital Goods"), not an ownership interest. Your rights to use these Digital Goods are governed by this agreement and may be revoked or limited if AccessibleLink loses the necessary rights to distribute the content or as otherwise stated in this agreement.

AccessibleLink’s Products help Licensee’s website work toward compliance with the 2.1 level AA success criteria (the "WCAG Standard").

When the Free-Widget is embedded on the Licensee’s Website, it enables user-triggered accessibility features that improve accessibility for certain users once these functions are manually activated by the website's end-users.
When the AI-Widget is embedded, the Licensee’s Website will become more accessible in alignment with the WCAG Standard.

When the Scanner’s violation reports and remediation instructions regarding the applicable Licensee Website are followed and implemented by the administrators or developers of the Licensee Website, the website will become more accessible according to the WCAG Standard. For clarity, this applies exclusively to the code scanned by the Scanner (HTML) and not to non-HTML content available on the Licensee Website, such as PDFs, audio, video, etc.
If you notify us in writing about any errors or deviations from the WCAG Standard, we can assist you in correcting these issues (referred to as "Professional Services"). Any violation notice must be as detailed as possible, specifying the exact component of the Licensee Website that is inaccessible. We will use reasonable commercial efforts to (a) provide Professional Services; (b) guide you on how to make your website compliant; and (c) address and fix violations within the technical limits of our products. However, you remain solely responsible for implementing our instructions.

AccessibleLink Support

We will provide technical support during regular business hours via email, chat, and video conferencing to assist with using our products. This support will be based on reasonable commercial efforts, depending on the severity of the reported technical issues.

Rules of Conduct

We aim to provide accurate and up-to-date information on our website. You are prohibited from using the Service in connection with any illegal content (under any applicable jurisdiction) or content that may infringe upon any intellectual property rights, including copyrights, patents, trademarks, service marks, trade secrets, or moral rights of AccessibleLink or third parties. You are also prohibited from using the Service to post unlawful or defamatory content about AccessibleLink or others, including harassing or intentionally distressing content, or sending spam, such as commercial ads or mass emails. In cases of criminal offenses, we reserve the right to report the violation to law enforcement authorities. The guidelines mentioned above are examples of inappropriate conduct and are not an exhaustive list. Any conduct that violates the law, regulations, or internet community norms, whether or not explicitly mentioned in these terms, is prohibited. We retain the exclusive right to prohibit activities that harm our commercial interests, reputation, or goodwill.

You must not submit personal information of children under 13 or those under the applicable age of digital consent. By using our services, you understand that we may use the content you provide to maintain and improve our services, train our AI models, comply with applicable laws, and enforce our policies. You are responsible for ensuring that the content you provide does not violate any applicable laws or these Terms.
By registering on our website or using our products, you agree to be added to our mailing list and receive transactional emails, updates, newsletters, and other promotional content from AccessibleLink. You also consent to the collection, use, and disclosure of your personally identifiable information and any non-personally identifiable information in accordance with our Privacy Policy, which can be found here: Private Policy

By accessing or using AccessibleLink 's Services and Products, you confirm that you are not located in any country or territory subject to comprehensive U.S. trade sanctions or embargoes, including but not limited to the embargoed countries listed by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

Intellectual Property

The original content, features, and functionality of the Service are and will remain the exclusive property of AccessibleLink and its licensors. The Service is protected by copyright, trademark, and other relevant laws. Our trademarks, content, designs, and service marks may not be used without prior written consent from AccessibleLink.

You acknowledge that some Products utilize AI, and data related to your website may be used to train AI models, machine learning models, or other algorithmic processes. The Service includes such AI components, and their associated training models. This may involve training data, instructions, and algorithms subject to revision during training. You are responsible for ensuring that no third-party data provider requirements are violated.

The name “AccessibleLink” and any associated trademarks or service marks are the property of AccessibleLink. Acquiring a License to use our Products does not grant you permission to use our trademarks, copyrights, or service marks for any purpose not explicitly stated in these Terms.

Ideas and Feedback

Any ideas, feedback, suggestions, bug reports, feature requests, or other submissions (collectively referred to as "Ideas") that you provide to us regarding the Service will be owned by AccessibleLink. You agree to irrevocably transfer all intellectual property rights in such Ideas to us, free of charge. We may use, implement, modify, adapt, reproduce, publish, license, or assign these materials and Ideas without owing you any royalties, payments, or credit.

If you wish to retain intellectual property rights to any of your Ideas, please do not submit them to us without prior written approval. This provision remains in effect even if the Service or License agreement ends for any reason. This section does not limit or diminish any rights granted to us under applicable law.

Links to Third-Party Websites

Our Service may contain links to, or offer tools for interacting with, third-party websites or services (such as Google, Facebook, X (formally Twitter), YouTube, etc.) that are not owned or controlled by AccessibleLink.

AccessibleLink does not control, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that AccessibleLink will not be held liable, directly or indirectly, for any damage or loss arising from or related to the use of or reliance on content, goods, or services available through third-party websites or services.

Please be aware that your use of the Service may incur third-party fees, such as charges from your carrier for data usage. You agree to pay these fees and comply with the relevant terms. By using the Service, you release AccessibleLink from any and all liability associated with your use of third-party websites or services.

We strongly recommend that you read the terms of service and privacy policies of any third-party websites or services you visit.

Termination

We reserve the right to terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your use of the Service, you can simply stop using it.

The Products/Services will automatically renew at the end of the term unless you terminate at least 30 days prior to the subscription's end date. Upon renewal, all original terms and conditions remain in full force unless mutually modified in writing by both parties.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, hold harmless, and defend AccessibleLink, its subsidiaries, officers, directors, employees, agents, and representatives ("AccessibleLink 's Indemnities") from any third-party claims, actions, proceedings, or suits, as well as related liabilities, damages, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from:

Your breach of these Terms;
Your use of the Service;
Violations of applicable laws or regulations in connection with the Service;
Any representations or warranties you make about the Service;
Any claims made by third parties related to your use of the Service;
Breaches of privacy obligations.

AccessibleLink will notify you in writing of any claim, suit, or action requiring indemnification. You agree to cooperate fully in the defense of any such claim. AccessibleLink reserves the right to assume exclusive defense and control of the matter at its own expense.

Disclaimer of Warranties

Your use of the Service and reliance on the Service and Products is at your own risk. AccessibleLink does not guarantee that the Services and/or Products will be uninterrupted or error-free, or free from viruses or other harmful components. AccessibleLink may make improvements or changes to the Service at any time without prior notice.

The Service is provided "as-is" and "as-available," with all faults, and AccessibleLink disclaims all express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Service is intended to be used on the Licensee's website for which you have obtained a license.

AccessibleLink makes no representations or warranties regarding the suitability, reliability, or accuracy of the Service, or that defects will be corrected. In some jurisdictions, applicable law may not allow the exclusion of implied warranties, so these exclusions may not apply.

You further acknowledge that AccessibleLink does not guarantee the accuracy, completeness, reliability, timeliness, or security of any software code provided by " AccessibleLink" or any related materials. By using the code, you release AccessibleLink from any claims or damages arising from its use.

Your sole remedy for failure or non-performance of the Service and/or Products is for AccessibleLink to make commercially reasonable efforts to correct or repair the Service.

The purpose of the Services is to provide information and/or software solutions that assist in promoting the accessibility of website(s) as provided in Legal Website Accessibility Requirements. “WCAG” means the Web Content Accessibility Guidelines 2.1 (published in June 2018) at the AA level, or any previous version of such guidelines as may be applied by a relevant Legal Website Accessibility Requirement (provided that the requirements of any such previous version do not exceed or contradict those of WCAG 2.1 AA). “Legal Website Accessibility Requirement” means a statutory requirement relating to website accessibility, provided that such statutory requirement refers to WCAG as the standard for website accessibility.

The Company does not provide legal advice or services, and none of the Services are or should be considered legal services. Visitors and Customers are advised to contact an attorney to obtain advice regarding the compliance of websites (including any Customer Website) with applicable laws, rules, and regulations, including any Legal Website Accessibility Requirements. Visitors and Customers are solely responsible for all actions taken or not taken by them in connection with any such applicable laws, rules and regulations, including any Legal Website Accessibility Requirements, and all liability with respect thereto is hereby expressly disclaimed by the Company.

Litigation Support

Using AccessibleLink, does not guarantee that Customers will not receive communications (including demand letters, legal notices, draft or filed complaints, or other such communications) regarding non-compliance of their Customer Website with an applicable Legal Website Accessibility Requirement or any applicable law. The Company has no control over the actions or activities of third parties who may make such communications.

Promptly following obtaining a License (and in no event later than three business days from such time), customers are required to notify the Company in writing of any demand letters or claims concerning their Customer Website’s accessibility that they received prior to activation of such License, and to provide a copy of any such demand letters or claims, via email to support@ accessiblelink.com, or any other means provided by the Company.

Disclaimer of Warranties

THE USE OF SERVICES AND COMPANY CONTENT IS AT CUSTOMER’S SOLE RISK. THE SERVICES AND THE COMPANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS, SUCCESSOR AND ASSIGNS (EACH, A “COMPANY PARTY”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NO COMPANY PARTY PROVIDES ANY WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES AND THE COMPANY CONTENT WILL MEET CUSTOMERS’ REQUIREMENTS, NEEDS OR PREFERENCES, OR ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE.

Limitation of Liability

NO COMPANY PARTY WILL BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICES AND/OR THE COMPANY CONTENT; (B) THESE TERMS; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMERS’ TRANSMISSIONS OR DATA, OR (D) ANY OTHER MATTER RELATING TO THE SERVICES AND THE COMPANY CONTENT. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO A CUSTOMER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT SUCH CUSTOMER HAS PAID TO THE COMPANY FOR SERVICES RENDERED DURING THE SIX (6) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, IF AT ALL, OR, IF GREATER, FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO CERTAIN CUSTOMERS OR BE ENFORCEABLE WITH RESPECT THERETO. THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMERS THAT ARE DISSATISFIED WITH ANY SERVICES (OR PORTION THEREOF), IS TO DISCONTINUE USE OF THE SERVICES.

No Warranty

AccessibleLink does not guarantee compliance with WAS/WCAG/ADA/Section 508/EN 301549.

Interaction between the AccessibleLink widget, every website, browser, and OS can be different; therefore, there is no guarantee or assurance that the AccessibleLink widget will perform as expected on a website. If the software does not act as expected on your website, please remove it.

Limitation of Liability

It is solely the user’s responsibility to ensure their website complies with accessibility regulations required by law. You agree to test the AccessibleLink widget and all its features locally before publishing it live on your site to ensure it works as intended.

By using the AccessibleLink widget, you confirm that the product works on all your website pages and content as intended including mobile and tablet.

In no event shall AccessibleLink be liable to you or any third party claiming through you or on your behalf.

No party involved with the AccessibleLink widget software development, including developers, managers, officers, employees, agents, or partners, shall be liable for any damages arising from or in connection with the use or performance of the AccessibleLink widget. This includes direct, indirect, financial, special, commercial, incidental, exemplary, or consequential damages.

You agree to indemnify and hold AccessibleLink harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of these Terms and/or acts or omissions.

Limitation of Liability

To the extent permitted by law, AccessibleLink shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, or business, even if AccessibleLink has been advised of the possibility of such damages.

AccessibleLink will not be responsible for any damage caused by loss of data, errors, downtime, system outages, or failures in communications, caused by negligence of either AccessibleLink or its subcontractors.

AccessibleLink's total liability to you for any loss or damage arising out of these Terms shall be limited to the service fees paid by you if any for the Service during the six months preceding the event that gave rise to the claim, or $100 if no such payment was made.

Arbitration and Class Action Waiver

Limitation of Liability

By using AccessibleLink’s Services, you agree to resolve any disputes, claims, or controversies arising from these Terms or your use of the Service exclusively through binding arbitration, rather than in court, except as otherwise provided herein. This includes claims based on contract, tort, fraud, or any other legal theory, unless prohibited by law.

Arbitration Process

Arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, available at www.adr.org, with the arbitration held in California. Claims of $10,000 or less may be conducted by telephone or written submissions.

Class Action Waiver

Both you and AccessibleLink agree to resolve disputes on an individual basis and not in a class or representative action. The arbitrator shall not consolidate claims or oversee any form of class action.

Exceptions to Arbitration

You or AccessibleLink may seek injunctive or other equitable relief in a court to prevent actual or threatened intellectual property violations.

Costs of Arbitration

Arbitration fees will be governed by AAA rules. Each party shall bear its own attorneys' fees, unless the arbitrator rules otherwise.

Severability

If any part of the arbitration clause is unenforceable, the remaining portion will still apply.

Governing Law

These Terms will be governed by the laws of the State of California. You and AccessibleLink waive any right to a jury trial in connection with any litigation arising out of these Terms.

No Waiver; Severability

Failure to enforce any provision of these Terms does not waive such provision. If a provision is deemed invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be modified to be enforceable.

Publications

You authorize AccessibleLink and its affiliates to use your name, logo, and trademarks for promotional purposes, including on websites, presentations, press releases, etc., to reference you as a customer.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact

For further inquiries, please contact support@accessiblelink.com