Notice: Effective July 15, 2026, the Litigation Pledge will no longer be available for new accessWidget licenses. The Litigation Pledge shall remain in effect for eligible accessWidget licenses purchased prior to July 15, 2026.
The Company may provide its Litigation Pledge to accessWidget Customers with certain Subscription Plans.
Definitions:
1.1. “Action” means any communication received by the Customer during the Applicability Period (including orally, by means of a demand letter, or a lawsuit filed against the Customer), relating to allegations made by a third party (a “Plaintiff“) whereby a Covered Website had a Covered Failure during the Applicability Period.
1.2. “Applicability Period” means any period during which the applicable Customer Website is a Covered Website; provided that any such period (other than the first one to which the Litigation Pledge applies) is consecutive to a previous Applicability Period.
1.3. “Coverage Amount” means the amount set forth on the Website relating to the Litigation Pledge applicable to the Customer’s Subscription Plan.
1.4. “Covered Claim” means an Action of which the Customer notifies the Company in writing promptly following becoming aware thereof, and if such Action is a lawsuit filed in court, no later than 21 days prior to the date set for the Customer’s first response in such lawsuit. The Customer’s failure to notify the Company regarding an Action as aforesaid may result in such Action not qualifying as a “Covered Claim”, at the Company’s sole and absolute discretion and with no liability to the Company and shall be deemed a waiver by the Customer of its rights under these Terms as relates to such Action.
1.5. “Covered Damages” means (i) monetary damages awarded to a Plaintiff in a Final Court Decision, including Plaintiff’s legal fees, provided that such monetary damages are solely due to a Covered Failure, (ii) costs of any remediation or other action ordered in a Final Court Decision to render a Covered Failure accessible in accordance with a Legal Website Accessibility Requirement, and (iii) Legal Fees incurred by the Customer in a Covered Claim ending in a Final Court Decision.
1.6. “Covered Failure” means failure by accessWidget to render an element on a Covered Website accessible in accordance with a Legal Website Accessibility Requirement. “Covered Failure” does not include such a failure that is a result of any actions or inactions that are or were outside of the Company’s control or that is related to, or is a result of the existence of, any Excluded Issue, nor does it include “false positive” testing of accessibility features.
1.7. “Covered Website” means a Customer Website that is part of an existing Subscription Plan that is eligible for the Litigation Pledge and on which accessWidget is properly installed.
1.8. “Final Court Decision” means a final non-appealable and unstayed decision entered by a court in a Covered Claim according to which the Customer Website had a Covered Failure.
1.9. “Legal Fees” means all legal fees and ancillary costs and expenses billed by the Law Firm in connection with the defence of a Covered Claim.
Subject to the Customer’s fulfillment of all its obligations set forth in these Terms, if the Customer incurs any Covered Damages, the Company will pay the Customer the Coverage Amount.
The Customer will appoint a law firm with experience in defending against digital accessibility lawsuits to represent the Customer in relation to a Covered Claim.
The Customer shall have the right, in its discretion, to settle a Covered Claim without the consent of the Company; provided, however, that unless the Company provides it prior written consent, such settlement: (i) does not contain any findings against the Company (including in relation to its products or services), employees, consultants, agents, shareholders, directors, officers or affiliates (each, an “accessiBe Party”), does not require or call for any action to be taken against any accessiBe Party, does not require or call for any obligation or undertaking to be imposed on any accessiBe Party, and does not disparage or require any party to disparage any accessiBe Party, in each case without accessiBe’s prior written consent (to be provided at the Company’s sole discretion); and (ii) is subject to strict confidentiality to the extent permitted by law. For the avoidance of doubt, any amounts paid by the Customer in a settlement pursuant to this Section 33.5, and any Legal Fees in a Covered Claim that is settled pursuant to this Section 33.5, shall not be deemed “Covered Damages”.
The Company’s obligations to pay the Coverage Amount as provided in these Terms is the sole and exclusive remedy for any Covered Claims (including any damages incurred in connection therewith, including Covered Damages), subject to all of the terms and conditions set forth herein. The Company’s liability towards the Customer for claims that are not Covered Claims or for any other matters is as set forth in these Terms.
