Terms of Service
You are invited to contact the Company regarding any topic by filling out the referral form found on the “Contact Us” page of the Website.
- Definitions. The following terms shall have the meanings ascribed alongside them, unless explicitly stated otherwise:
- “Website” means accessiBe’s website at http://adaptivityllc.com
- “Customer” means whomever purchases a User License for the Adaptivity Systems in order to receive the Services;
- “User” means whomever makes use of the Adaptivity Systems, directly or indirectly, including another person or entity using the accessiBe Systems on behalf of the Customer;
- “Adaptivity Systems” means the AI-based systems for automatically rendering websites accessible using advanced algorithms, including machine-learning and context-reading, as operated by the Company under the “Adaptivity” brand, and including the Website and any accompanying system used by the Company to provide the Services;
- “Standard” means WCAG 2.1;
- “Services” means the website accessibility services provided by the Company through the accessiBe Systems.
Use of the Adaptivity Systems
- A User may only use the Adaptivity Systems in accordance with the rules set out here-under. Use of the Adaptivity Systems made be made only as set out in this Agreement, unless express prior written consent of the Company to do otherwise, is obtained. Without derogating from the generality of the foregoing:
- When using the Adaptivity Systems or receiving the Services, you may not impersonate a different person or corporation;
- You may not copy, use or allow another party to use, any content from the Adaptivity Systems, whether electronic or print publications, or the like, for any purpose, whether commercial or otherwise;
- You may not take any action that may impact the design of the Adaptivity Systems, including the content appearing therein;
- You may not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to impact upon or derive source code (or the underlying ideas, algorithms, structure or organization);
- You may not activate (or allow to be activated) any computer program or other means, including Crawler Robot programs or similar, for the purpose of searching, automatically recovering, scanning, duplicating or copying the capabilities, materials or contents appearing in the Adaptivity Systems. Without derogation, this prohibition includes the creation of, or the use of such means, in order to create databases or collections that include content or information originating in the Adaptivity Systems;
- You may not manipulate the URL address of the Website pages with the intent of reaching Website pages to which you do not have direct access (URL Hacking);
- You may not present content from the Website inside a “Frame,” whether visible or not, or as part of another website (a “Mirror”), or as part of any other service.
- You may not present content originating in the Adaptivity Systems in any manner, including without limitation, through any software, device, protocol or accessory, that changes the design as it appears in the Adaptivity Systems, or deletes any content or information (particularly commercial information, including advertisements);
- You may not create links to the Adaptivity Systems from any Website containing illegal or inappropriate content, including without limitation, pornographic content, content inciting or intending to incite racism, illegal activity or unlawful discrimination, or any other contents that are published contrary to applicable law;
- You may not link to content on the Website that is not on the Website’s homepage (“deep links”), nor present or publicize such contents in any other manner, unless such “deep link” is to the entire Website, as is, allowing the User to use and view the Website in exactly the same manner as if they were using or viewing the Website directly. You may not link to content on the Website that is disconnected from the web pages on which they appear (for example, you may not link directly to a picture appearing on the Website, but rather, only to the entire Website on which it appears). Similarly, the full address of the web page within the Website must appear in the usual place designated for it. You may not change, edit, distort or conceal this address, nor replace it with any other address;
- You may not load, send or broadcast to or through the use of the Adaptivity Systems, any content containing any type of computer virus or other computer code programmed to limit the use, destroy or disrupt the Adaptivity Systems, including without limitation, any of the computers, servers, hardware or software used by the Company to operate the accessiBe Systems and to provide the Services;
- You may not overload the servers through which the Adaptivity Systems are operated and/or the Services are provided, with e-mail, including by way of spam mail;
- You may not change, process, adapt, sub-license, translate, sell, reverse-engineer, deconstruct or reconstruct any part of the code comprising the Adaptivity Systems;
- You may not breach or impair, in any manner, any intellectual property rights existing in the Adaptivity Systems, including without limitation, copyrights, patents, trademarks, or any other proprietary rights, whether belonging to the Company or any third party;
- You may not use any robot, “spider,” information search-and-recover engine, or any other automatic or manual tool intended to recover, index or locate information in the Adaptivity Systems, nor any tool of this kind programmed to expose the code structure or database of the Adaptivity Systems;
- You may not cut-off or attempt to cut-off, in any manner, the operation of the Adaptivity Systems, including without limitation, by disrupting the functional operation of the Company’s servers and/or the Company’s communications systems and/or any part of its hardware and/or software supporting the operation of the Adaptivity Systems or the provision of the Services;
- The Adaptivity Systems and the Services are provided to Users “as is,” and are only intended to be used by the Customer on the Customer’s website. For the avoidance of doubt, the customer is not permitted to transfer and/or sell their User License to any other third party.
Sale, Purchase and Termination Policy
- Upon purchasing the Services from the Company, the Customer shall receive a User License for the Adaptivity Systems for the purpose of providing accessibility for one website only (the “User License”). The purchase of a User License grants the Customer a designated code (“Script”) allowing it to imbed the Adaptivity Systems into its website, as determined on the purchase date. For the avoidance of doubt, it is clarified that after the System has been embedded, no further use of the Script and/or the License for another domain name or any other website operated by the Customer will be possible. The Customer will be required to purchase a new and designated License from the Company for additional use of the Script and/or the License.
- Upon purchasing a License, the Customer agrees and confirms that it is engaging in a “Software as a Service” agreement (“SaaS”), whereby it purchases a User License for the Adaptivity Systems in order to embed the end-user interface of the System into a specific website, with the Adaptivity Systems installed and operated from the Company’s servers. The Customer is not purchasing the Adaptivity Systems or any part thereof, including without limitation, the code and/or supporting files and/or databases and/or any other component of the software that, either jointly or severally, comprise the Adaptivity Systems.
- The Adaptivity Systems are only compatible for use by Users on the following operating systems and browsers: Chrome, Firefox, Safari, Microsoft Edge, Internet Explorer 11, Android 8, and iOS10. Furthermore, the functionality of the Adaptivity Systems requires that the websites in which they are embedded be websites based solely on HTML files and tags, and that the source code be written according to the Standard, based on the standard of the World Wide Web Consortium (“W3C”), without any errors or validation warning in W3C’s troubleshooting inspections. For the avoidance of doubt, the System does not support other components, such as Canvas, Flash and/or SVG.
- The License is purchased through the Website, using the means of payment available on the Website as of the purchase date.
- The Company reserves the right to replace and/or alter, from time to time, the means of payment available on the Website, as well as to update the price of the License, as well as to collect different prices from different Customers, at the Company’s sole discretion and without need for justification.
- The transaction may be terminated within 14 days of submission of the purchase order, less any cancellation fee under applicable law. In order to terminate the transaction, the Customer must email email@example.com, with its full name, identifying information, or company number, the domain name for which the termination is sought, and a copy of the transaction receipt.
- The Customer may terminate its engagement with the Company at any time, subject to payment of all sums owed to the Company.
- The Company reserves the right to transfer its rights and obligations under this Agreement to any third party, provided the rights of the Customer are not adversely affected.
- The Company reserves the right to terminate the transaction and/or the User License at any time, without justification to the Customer. Should the Company terminate the License, the Customer is entitled to reimbursement as follows:
- Up to 30 days from finalization of the transaction, the Customer will be entitled to a full refund;
- Between 30 days and six months of use, the Customer will be entitled to a refund of 75% of the original price;
- Between six months and 12 months of use, the Customer will be entitled to a refund of 50% of the original price;
- After 12 months of using the System, the Customer will no longer be entitled to a refund.
- Thirty days following the submission of a notice of termination by the Company, the engagement between the Customer and the Company will end, and other than any outstanding refunds, there shall be no other obligation, monetary or otherwise, remaining between one party and the other, and neither party shall have any claim and/or demand and/or action against the other.
- “Cookies” are small text files transferred from an internet server to a device in use by a User (a computer, mobile or similar). Cookies are not computer software and cannot read the information they contain, nor can they perform any actions independently. Cookies are used for rapid identification, so that the Company’s servers can quickly and efficiently identify returning Users, or a User’s visit to other websites.
- Cookies are used in all of the Adaptivity Systems in order to allow the smooth and functional operation of all of the Adaptivity Systems and/or in order to collect various data, (including without limitation, statistical data regarding the use of the Adaptivity Systems), to verify information and for data security purposes. It is clarified that disabling the option to save Cookies in the User’s browser may cause the Adaptivity Systems to operate at less than functional or optimal capacity.
- The Company will not use any information stemming from Cookies to identify a User individually.
Website Accessibility; Malfunctions
- The Company works to the best of its abilities to ensure that, within 48 hours of the date the Adaptivity Systems are embedded into the Customer’s website, the Customer’s website will become accessible in accordance with the provisions of the Standard, and that proof of completion of the accessibility rendering process is sent to the e-mail address provided by the Customer during the purchase process. Nonetheless, it is possible that, for reasons arising from the Customer’s website and/or changes and updates that may be performed, from time to time, by the Customer and/or their representatives on the Customer’s website and/or for other reasons beyond the control of the Company, the Customer’s website may lack accessibility at any given time.
- The Company grants solely to the Customers, and solely during normal business hours, technical support services, including assistance in embedding the Adaptivity Systems into the Customer’s website, assistance in operating the Adaptivity Systems, solutions to malfunctions in the Adaptivity Systems, use of the personal account and/or in matters of payment, purchase or termination of transactions.
- A User shall report a malfunction in the Adaptivity Systems immediately to the Company by e-mail, and the Company undertakes to investigate the malfunction at the earliest opportunity.
- The Company shall employ its best efforts to resolve malfunctions in the Adaptivity Systems as soon as possible. In the event that the technology needed to resolve the malfunction does not exist, or in the event that its implementation is not possible, the Company shall document the malfunction in its records and resolve it once this becomes possible on a technological level, subject to and in accordance with the Company’s undertaking toward the Customer.
- The Company does not undertake to manage and/or resolve specific issues originating in the Customer’s website. For the avoidance of doubt, it is clarified that under no circumstances will any changes be made to the code in the Company’s System and/or platforms in order to adapt them to the particular needs of a Customer’s website.
Limitation of Liability and Customer’s Liability
- From time to time, the Company may update and/or upgrade the Adaptivity Systems (including the Company’s servers), which may cause a temporary interruption in the provision of the Services. Furthermore, the Company has no control over malfunctions that may occur, from time to time, in respect of the availability of the Services included in the Systems, nor over services provided by third parties.
- The Customer is aware that the installation of the Adaptivity Systems does not guarantee full immunity to claims, and that embedding the Adaptivity Systems in the Customer’s website does not, on its own, fulfill all of the requirements of applicable law in respect of website accessibility (Adaptivity does not remediate PDF files or create subtitles for videos, for example). The Company does not undertake that the Customer’s website will be accessible at any given moment, owing to limitations stemming from technological reasons and/or issues originating in the Customer’s website. The Customer warrants and affirms that it irrevocably waives any claims against the Company from any liability, legal or otherwise, and that it shall have no claims against the Company in this regard.
- It is the User’s responsibility to verify, prior to using the Adaptivity Systems, that the Adaptivity Systems are compatible with its needs, and the User shall have no claim regarding any incompatibility of the accessiBe Systems with its needs.
- It is the User’s responsibility to verify, prior to using the Adaptivity Systems, the integrity of its website’s connectivity, and that of the server on which it is stored, to the internet network and to its personal infrastructure (telephone, computer and so forth). The Company shall not bear liability for any damage incurred to the User on account of issues with its internet connection or issues involving or arising from its personal infrastructure.
- Without derogating from the foregoing, the Customer agrees that in any event, the Company’s liability towards it will be limited to a sum equal to the aggregate payments made by the Customer to the Company in the six (6) months preceding the alleged breach, and no more.
- The Company is not responsible for the contents of documents and/or graphics files and/or other data found on the Customer’s website, including with respect to copyrights and/or patents and/or trademarks and/or accessibility of texts, pictures, attached PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files, nor files of any other video provider, nor any other file of any kind.
- The Company is not liable for any loss and/or expense and/or damage incurred to the User and/or any third party on account of its rendering the Company’s website accessible, and full and exclusive liability in this regard remains with the User. Similarly, the Company is not liable for organizing the Customer’s website after the Adaptivity Systems have been embedded. The Company shall not bear any liability for any damage, inconvenience, loss or emotional trauma incurred to the User, directly or indirectly, as a result of its use of the Adaptivity Systems and the embedding thereof in the Customer’s website.
- The Customer shall bear sole liability for content appearing on the Customer’s website and for its compliance with applicable law, including without limitation, with respect to website accessibility and/or any other laws relating to accessibility. Without derogation, Customer hereby expressly exempts the Company from examining such content and adapting it to applicable law and/or for examining the approvals required for the Customer’s website in respect of or connected to accessibility. It is emphasized that these examinations fall under the exclusive liability of the Customer, and will be performed by the Customer and/or someone on its behalf, at Customer’s expense.
- For the avoidance of doubt (and without derogating from the release and limitation of liability set out above), the Customer exempts the Company from any liability and/or duty and/or demand and/or claim arising prior to the completion of the accessibility rendering process on the Customer’s website through the Adaptivity Systems.
- In addition, and without derogating from the generality above, the User shall indemnify and/or compensate the Company for any sum the Company bears and/or is required to incur for damages that are under the User’s liability, in addition to legal expenses, attorneys’ fees and other costs, to the extent applicable, within 30 days of receiving the Company’s first written demand.
- It is clarified that the Customer is obligated to make adjustments in the configuration of the Adaptivity Systems after adding new content and/or new components and/or new pages and/or using new technologies for its website, and to ensure that tags or “selectors” on which the System is based are not changed. Similarly, the Customer undertakes to embed the System in a staging website before installing the System on the Customer’s website, and, only after verifying that there is no malfunction or damage caused to the Customer’s website, to embed the Adaptivity Systems into the Customer’s website.
- The Adaptivity Systems, based on software, hardware, and communications networks, are exposed to the inherent risks of such systems, including the risk of malicious software (viruses, trojan horses, etc.), wiretapping, hacking by hostile entities, impersonations and other online systems and scams. The Company invests its efforts in defending against these risks. Nonetheless, it is not possible, and the Customer is aware that it is not possible, to ensure complete immunity, and there may be damages and/or losses incurred in the event that such risks are realized, including disclosure and/or corruption of information provided and/or presented in the Systems, including corruption of instructions/requests, unauthorized account actions, disruptions to the operation of the Adaptivity Systems and/or their response time, including without limitation, non-performance, faulty performance and/or late performance of instructions/requests, unavailability of accessibility systems or the Services, etc.
- No conversation or correspondence with any Company employee or representative and/or other information provided by the Company shall be considered legal advice, and the Customer shall have no claims to the contrary.
- The intellectual property rights, including copyrights and trademarks (should any exist) in the Adaptivity Systems or the Services or any other content included in the Adaptivity Systems or the Services (“Company IP”) belong solely to the Company, or to the third party that provided its permission for the Company to use them. You may not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part thereof, whether by yourself or in cooperation with any third party, in any way or using any means, whether electronic, mechanical or optical, using photographic or recording means, or through any other means, without receiving the prior written consent of the Company and/or the other rightsholders, as applicable, and subject to the terms of such consent (if any). This provision is also valid in respect of any processing, editing or translation performed by the Company on content input or provided by the User to the Adaptivity Systems. For the avoidance of doubt, and without derogation from the generality above, the databases, software, code, systems and applications, graphics files, media and audio files, written content, code content and other materials, including designs and graphics, relating to the Company IP also belong to the Company, and it holds the exclusive rights thereto.
- If and to the extent that consent is granted for the use of the Company IP, the User must refrain from removing, deleting or obscuring any notice or symbol concerning Company IP rights, such as copyright symbols (©) or trademarks (®) that accompany the content being used by the User.
- The trademarks and advertising messages of the advertisers in the Adaptivity Systems are the sole property of such advertisers. Without derogating from the prohibitions above, no use may be made of these either, without obtaining prior written consent.
- The name “Adaptivity,llc.” and trademarks (if any) and/or service symbols are the property of the Company and/or the provider and/or third party. The purchase of a License does not afford the Customer the right to make use of any of the trademarks and/or service symbols for any purpose not expressly stated in these Terms.
- Upon purchasing a License, the Customer approves the Company’s disclosure of the fact that it provided and/or provides the Services to the Customer, and that a system produced thereby is embedded in the Customer’s website. The Customer further confirms that the Company may make use of its trade name and the address of the website in which the Adaptivity Systems are embedded, and may make worldwide and indefinite use of the Customer’s logo, for the Company’s marketing purposes.
- The provisions of this intellectual property clause shall apply notwithstanding the cessation of the provision of the Services upon the conclusion of this Agreement, for any reason.
- The provisions of this section do not derogate from the provisions of any law or from any rights afforded the Company by law.
Advertisements and Messages; Links to External Sites
- To the extent that the Adaptivity Systems display advertisements and messages, these are provided for advertising by various advertisers or users wishing to offer the sale of assets or services. Such content may appear in the form of text, images or audio. The Company bears no liability for these advertising contents, to the extent that they are advertised on the Adaptivity Systems. The Company does not write, examine, verify or edit the content or integrity of these advertisements. The sole liability for these contents and any consequences incurred by their use or in reliance thereupon rests with the advertisers. The Company does not advise or encourage the purchase of the services, assets or products offered for sale.
- It is possible that part of the Adaptivity Systems and the Services may contain links to external websites, including links placed by the parties that advertise on the Website. These links are provided solely for the User’s convenience. The use of other information or contents found on external websites to which such links connect requires caution and diligent investigation. It is clarified that the Company has no control or any other right over the contents found on these external websites. Furthermore, the Company bears no liability in the event that a User relies on and/or performed actions in accordance with the contents of these external websites. The links found on the Website should not be interpreted as advice, preference or approval to use the material and/or contents and/or products appearing on such external websites. Similarly, these links should not be interpreted as guaranteeing the reliability, accuracy or completeness of the information contained therein. By clicking on such links, the User waives any claim and/or demand and/or action against the Company for any damage and/or payment and/or loss incurred thereto (if any) as a result of its reliance on and/or use of information appearing on such external websites.
- In the event that the User finds in the information existing in the Adaptivity Systems, or in the contents of any other services linked thereto, materials purporting to be dysfunctional, illegal, immoral or that otherwise fail to meet the User’s expectations, the User shall notify the Company.
Messages and Updates
- Updates and other messages on behalf of the Company, including advertisement mail, may be sent to Users by e-mail, regular post, text message, fax, or by any other means, to the address provided by the User when it registered for the Services (provided that the User approved the sending of such messages).
Termination of the Services
- The Company may, from time to time and without prior notice, limit the User’s access to the Adaptivity Systems and the Services and refuse to provide it with such access, in the event of one of the following instances (without derogating from any other remedy afforded the Company by law):
- If the Company is unable to verify and/or validate information provided by the User or believes the information provided by the User is incorrect or inaccurate;
- If the Company believes that the User’s use of the Adaptivity Systems and/or the Services is creating a monetary risk and/or fraud of any kind and/or raises concerns of such;
- If the Company believes that User’s actions may cause a monetary loss and/or payment and/or create legal liability for the Company towards any third party.
- Choice of Law and Jurisdiction
Last modified: June 06, 2019
For further information and clarifications, please contact: firstname.lastname@example.org