These terms and conditions (the "Terms") govern your (“your” or “you”) access to and use of the web accessibility software and services provided by accessiBe Inc. and accessiBe Ltd., as applicable (jointly and separately be referred to as “accessiBe”, “us”, or “we”). These Terms, together with any applicable Product Terms, order forms, addenda, exhibits, and amendments, all of which are incorporated herein by reference, are referred to as the "Agreement." You agree to be bound by these Terms by doing any of the following, whether directly or through an authorized representative: checking a box indicating acceptance, clicking “I Agree” (or a similar button), creating an account, or accessing or using the Services. If you do not agree to the Terms, you must not access or use the Services. Any capitalized terms not defined in these Terms have the meanings ascribed to them in the applicable Product Terms, order confirmation, addendum, exhibit, and/or amendment.

Key Terms

Term	Meaning
Company Website	The website is located at: www.accessibe.com, including any subdomains thereof.
Customer Content	Your Customer Website(s), Website Properties, and all content you make available to us in connection with the Services, including code, images, data, text, and other materials.
Customer, you, or your	A Person who uses a Service (paid or unpaid) and/or has registered a dashboard account, other than if such Person has access to or uses a Service pursuant to an engagement between such Person and a Reselling Partner (as such term is defined in the Company's Partner Program). Every Customer is also a Visitor.
Customer Website	A website or portion thereof (as applicable, including any Website Properties, defined below), that Customer owns or is authorized to operate or purchase the Services for, on which one or more of accessiBe’s software products has been installed, or which has been remediated through accessServices.
License Scope	What a Customer’s Subscription Plan actually covers: (a) the domain(s) and/or subdomain(s) licensed under your Subscription Plan, as determined for the applicable Service in the Product Terms; (b) the monthly visit allowance; and (c) the features, seats, API access, and Litigation support included. Customer Subscription Plan is also detailed on the Company Website Pricing Page.
Legal Website Accessibility Requirement	A statutory requirement for website accessibility that uses WCAG (defined below) as its standard.
Website Properties	Websites, web projects and any other supported code, whether public or private.
WCAG	Unless otherwise specified, the Web Content Accessibility Guidelines 2.1, AA level (published June 2018), or an earlier version if that is what the applicable law requires (provided that version isn’t more permissive than WCAG 2.1 AA).
Person	Natural persons, and/or incorporated or non-incorporated entities.
Service	Each of the products and services offered by the Company (or any portion thereof), including: (a) the Company’s automated accessibility audit tool that identifies accessibility issues (“accessScan”); (b) the Company’s automated web accessibility software as a service solution that remediates accessibility issues on a Customer Website (together with any additional services purchased with such solution, “accessWidget”); (c) the Company’s accessibility management platform for developers, enabling testing, tracking, and remediation of accessibility issues at the source-code level (together with any additional services purchased with such solution, “accessFlow”); (d) any services offered, or information available, on the Company Website; (e) accessServices (as such term is defined below); (f) any other software, features, products, content, and services, including any updates, upgrades, improvements or changes thereto, that the Company may provide to Visitors and/or Customers at any time, whether on the Company Website or otherwise; and (g) related implementation, training, maintenance and technical support.
Software Services	accessWidget and accessFlow, together with any additional software product accessiBe designates as a Software Service from time to time.
Visitor	A Person who accesses the Company Website, which can include engaging with the Company Website’s online chat, feedback forms or submission of their personal data on the Company Website through any other method.

Services; License

Services. The Services are designed to assist you in taking steps toward compliance with Legal Website Accessibility Requirements. No Service, including accessWidget, accessFlow, accessServices, or accessScan, guarantees that a Customer Website achieves, or continues to maintain, full compliance with any Legal Website Accessibility Requirement, WCAG, or other accessibility standard at any given time. Compliance can also depend on factors outside the Company's control, including changes to Customer Website content, structure, or functionality made after installation, use of third-party integrations, and the existence of Excluded Issues.

License Grant

License to use the Services. We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Services and any related Company Content, strictly in accordance with these Terms ("License"). For Software Services, Licenses are available on a monthly or annual subscription basis (“License Period”), tiered by website features as described on our website (each, a "Subscription Plan"). The License Period begins on the date of purchase, unless otherwise specified in the applicable order form. accessServices are governed by the accessServices Section of the Product Terms and are not provided on a subscription or License Period basis. Your License to use a Software Service is contingent on payment of the applicable fees and remains active only for the duration of your License Period. Your access to accessServices is contingent on payment of the applicable accessServices Fee, as described in the accessServices Section of the Product Terms.

Software Services and Company Content are licensed to you, not sold, and you do not acquire any ownership interest in the Software Services, our IP, Company Content, or Company Marks, only the right to use them as permitted under these Terms. This does not apply to accessServices deliverables, ownership of which transfers to you as set forth in the accessServices Section of the Product Terms.

License to use Customer Content. You grant the Company a limited, non-exclusive, royalty-free, fully paid license during the License Period to access and use your Customer's Website(s), Website Properties, and Customer Content solely as needed to provide the applicable Service, including: (a) for accessWidget, to translate, adapt, and display Customer Website content (including Customer Content) to End Users; and (b) for accessFlow, to access Website Properties on the Customer Website.
Modification to Services. We may update our Services at any time, including bug fixes, patches, upgrades, new features, or changes to existing ones ("Updates"). All Updates are part of the Services and are governed by these Terms. Our Services may look and function differently over time, which can depend on factors like your network or updates we make. We reserve the right to modify, improve, or remove features at any time. If we make a change that substantially impacts the functionality of a Service, you have the option to cancel your subscription and we'll refund any pre-paid fees for the remainder of your subscription period.

Beta Services

From time to time, we may offer certain Services in beta, preview, or early access form (each, a "Beta Service"). Participants in these programs may be referred to as "design partners," "beta partners," or similar, depending on the program.
Beta Services are made available for testing and evaluation purposes only. We have sole discretion over the duration, scope, and success criteria of any beta program, and we may modify, suspend, or discontinue any Beta Service at any time, with or without notice.
Participating in a Beta Service does not obligate you to purchase a subscription, nor does it obligate us to release the Beta Service commercially. Some Beta Services may require a separate agreement, which will be provided in advance of using the Beta Service.
Beta Services are provided as-is. We are not liable for any issues arising from your use of a Beta Service, or from our decision to change or discontinue it.

Trials and Demos

We may, at our discretion, offer certain Services on a trial or demonstration basis, which may be free of charge or at a reduced fee. Trials end on the earliest of: the end of the stated trial period, the start of a paid subscription, or earlier termination by either party.
Please note that any data you enter or customizations you make during a trial may be permanently lost when the trial ends, unless you purchase a paid subscription or export your data before the trial period closes.
Trial access is provided as-is, without warranties, support commitments, or liability of any kind, to the extent permitted by law.

Support

The Company provides technical support services to Customers between 9 am and 5 pm Eastern Standard time, Monday through Friday (excluding Company holidays), via e-mail or online chat. Our technical support services include assistance in operating the Services, solutions to errors and bugs, as well as operational and payment concerns. In order to receive efficient and effective support, Customers must provide the support team with all reasonably required information and assistance. Availability, applicability and scope of support may depend on a Customer’s Subscription Plan.

Customer Responsibilities

Restrictions on Use. When using our Services, you and anyone acting on your behalf agree not to:

circumvent, disable, or otherwise interfere with any security, intellectual property protection, or rights management features of the Services;
share, resell, sublicense, or otherwise make the Services available to any third party outside your organization (unless otherwise agreed);
use the Services in connection with any website that contains illegal, discriminatory, or otherwise unlawful content;
copy, extract, or modify any content from the Services or Company Content for commercial purposes, except as expressly permitted under these Terms;
interfere with, disrupt, overburden, or impair the Services or any connected systems or networks;
use the Services for any unlawful purpose or in any way inconsistent with applicable law;
build or attempt to build a product or service that replicates the Services, or use the Services for competitive benchmarking; or
use the Services to deliver pre-litigation notices, cease and desist letters, or similar legal communications to third parties.

We reserve the right to investigate and take appropriate action against any violation of the above, including reporting to relevant authorities where required.

Customer Personnel. Customers may add their employees and subcontractors ("Customer Personnel") to their account. Customers are responsible for ensuring their Customer Personnel comply with these Terms, and any violation by Customer Personnel will be treated as a violation by the Customer.
User Account. To use our Services, you will need to create a user account by providing some basic contact information. For details on how we handle that information, see our Privacy Notice. Customers are responsible for keeping their account credentials secure and their account information up to date. If you suspect your account may have been compromised, please notify us right away.
Customer Content. You are solely responsible for your Customer Content. You represent and warrant that you own or have all necessary rights to your Customer Content, that it does not violate any applicable law or third-party rights, and that you are responsible for its availability, accuracy, quality, legality, and appropriateness, and assume all risk associated with the transmission and use of Customer Content.

License Period; Termination

License Period. To access and use a Covered Product, you must purchase a License and pay the applicable License Fees as described in the Fees; Payment Section. General Legal Terms. The License Period commences as set forth in the License Grant Section.

License Compliance. Your use of the Services must stay within your License Scope, including your Subscription Plan’s monthly visit allowance. We may monitor compliance using technical tools, account records, usage data, or other verifiable information, and you agree to cooperate with reasonable requests for supporting information.

If we determine your use exceeds your License Scope, we will notify you in writing, describe the issue, and give you 7 days to bring your use back into scope or upgrade your plan. If you do neither, we may, upon further written notice:

Upgrade your plan: to the tier matching your actual usage, billing the difference between the new and prorated unused portion of your current plan (with credit for prepaid fees for the remaining License Period); or
Suspend or Terminate the affected License.

Termination – General

This summary is for convenience only. The full terms below control in the event of any conflict.

If…	What happens
You cancel anytime, for any reason	You pay all fees due through the end of your current License Period. No refund, unless stated otherwise in this Section.
We cancel without cause	30 days' written notice. Refund of any prepaid, unused License Fees for the remainder of your License Period.
Either of us terminates for the other's uncured breach	The breaching party gets a cure period first: 14 days (monthly plans) or 30 days (annual plans), after written notice. If the breach isn't cured in time, the agreement ends immediately.
Your use falls outside your License Scope (e.g. visit overage, unlicensed subdomain, unlicensed feature)	You will get 7 days’ written notice to cure or upgrade, then automatic upgrade, suspension, or termination.
We suspend your access	We may suspend, rather than terminate, if we believe you're violating these Terms or creating a security or legal risk. We may lift the suspension once the issue is resolved.
Your plan doesn't renew, or you don't upgrade a tier	See "Automatic Renewal" below for what happens if your site outgrows its tier, or you don't cancel auto-renewal in time.

Termination for Convenience

You may terminate at any time, by written notice, provided you pay all fees through the end of your current License Period. There will be no refund unless stated otherwise in this Section.
We may terminate at any time, for any reason, on 30 days’ written notice, and will refund any prepaid License Fees for the remainder of your License Period, exception that termination is effective immediately, without refund, where required by law or where we are incapable of maintaining these Terms.

Termination for Cause. Either party may terminate immediately by written notice if the other party’s material breach remains uncured for 14 days (monthly plans) or 30 days (annual plans) after written notice, or if the other party becomes subject to bankruptcy, insolvency, or similar proceedings.

Suspension. We may suspend your access at any time, without prior notice, if we believe in our discretion that you or anyone acting on your behalf poses a security or legal risk or is violating these Terms or applicable law. We will lift the suspension once we’re satisfied the grounds no longer exist.
Effects of Termination

Your licenses and rights terminate immediately (for-cause termination) or at the end of the current License Period (termination for convenience). You must stop using the Services and your User Account and remove applicable Services from Customer Websites. We have no obligation to retain Customer Data beyond our standard retention period.
You remain responsible for all fees due through the end of your then-current License Period. Except as expressly provided under these Terms, fees are non-refundable. If you terminate this Agreement (a) for our uncured breach, or (b) due to a Material Modification, we will refund any prepaid License Fees for the unused portion of the License Period.
Termination does not limit either party from pursuing other available remedies, and neither party is liable to the other for damages arising solely from a permitted termination. Provisions that by their nature should survive termination, including accrued payment obligations, survive.

Automatic Renewal. To ensure uninterrupted access to the Services, your License automatically renews at the end of each License Period: monthly plans renew for successive 30-day periods, and annual plans renew for successive 12-month periods. To cancel, submit written notice or disable auto-renewal through your account no later than:

15 days before the end of your current period (monthly plans), or
30 days before the end of your current period (annual plans).

Upon cancellation, your License and access to the Services remain active through the end of your current License Period, and no further charges will apply.

Fees; Payment

Payment Information.

Taxes. All fees are quoted and payable in U.S. dollars, and are exclusive of any taxes, levies, or duties imposed by applicable law, except for taxes on the Company's own income (collectively, "Taxes"). You may not deduct any Taxes from fees payable to us, and the net amount we receive must equal the full amount we would have received had no withholding applied.
Payment Method. To process your License Fees, you must provide a valid payment method accepted by us, along with accurate and complete billing details. By submitting your payment information, you authorize us (directly or through our Payment Providers) to charge, collect, or refund fees on their due dates using any payment method you have provided. You also authorize us to verify your payment details and obtain updated information from your card issuer as needed. By using a payment method, you confirm that you are authorized to do so. We may update the payment methods we accept at any time.
Payment Date. If a payment fails, we will issue an electronic invoice. All invoices require payment within fifteen (15) days of the invoice date. Unpaid balances after that date will accrue interest at 1.5% per month, or the maximum rate permitted by applicable law, whichever is less. We may also retry the charge, or suspend or terminate your access to the applicable Service, without prior notice. We are not obligated to retry a failed payment before taking any of these steps.

Payment Providers. We use third-party payment processors ("Payment Providers") to collect and process payments on our behalf. We may change or add Payment Providers at any time. You authorize us and our Payment Providers to process payments and take any related billing actions on your account, and you agree to provide any information they require to facilitate payments. You also authorize us to share your payment details with our Payment Providers. Payments made through a Payment Provider are subject to that provider's terms and privacy policy.
Fees and Pricing. We reserve the right to correct pricing errors at any time, including after payment has been requested or received. We may also update the fees published on the Company Website at our discretion, and at any time, and in such event we will notify affected Customers in advance. Any increase to License Fees will take effect at the start of your next renewal period. Notwithstanding the foregoing, we reserve the right to increase accessWidget License Fees for Customer Websites that exceed the purchased tier in accordance with the License Compliance Section.

Proprietary Rights

Our Intellectual Property. Our Services, software, content, designs, graphics, databases, and related technology (collectively, "Company IP") are owned by us, our affiliates, or our licensors. We and our licensors retain all rights, title, and interest in and to the Company IP. You may only use Company IP as expressly permitted under these Terms. Any other use is not allowed. Any use of Company IP benefits us, our affiliates, and our licensors. All rights not expressly granted here are reserved, and nothing in these Terms transfers any ownership of our IP to you or a Visitor.
Customer Intellectual Property. As between the parties, you retain all right, title, and interest in and to Customer Content, and other materials that you submit or make available through the Services solely for purposes of receiving the Services. Except as permitted herein, accessiBe acquires no right, title, or interest in or to Customer Content.
Feedback. We welcome feedback, suggestions, ideas, and observations about the Services, whether shared through technical support, in conversation, or otherwise (“Feedback”). Feedback is non-confidential, and you agree that we may use it freely, including to develop, improve, or modify the Services, without attribution or compensation to you. Feedback does not include your Customer Content. If a Feedback communication includes your confidential business or technical information, our rights under this Section extend only to the underlying suggestion, idea, or observation, not to your specific confidential information.
Company Marks. Our name, logos, and other distinctive branding ("Company Marks") are our trademarks and service marks. You may not use any Company Mark without our prior written permission, and any permitted use does not give you any ownership interest in our marks. All goodwill from any such use belongs to us. You also may not modify, alter, remove, or tamper with any Company Mark, copyright notice, or other proprietary notice displayed within or through the Services.
Third Party Marks. Other names, logos, and marks displayed within the Service may belong to their respective owners. Their appearance does not imply any endorsement of or affiliation with us.

Indemnification

Customer’s indemnity to the Company. You will defend, indemnify, and hold harmless each Company Party against third party claims arising from your violation of these Terms. The Company will notify you of any such claim, may take over its exclusive defense, and you will cooperate with reasonable requests related to such claim. You may not settle any such claim or contention without the Company's prior written consent.
The Company’s Indemnity to Customer. The Company will defend, indemnify, and hold harmless each Customer against third-party claims awarded in a final, non-appealable, and unstayed judgment by a court of competent jurisdiction or pursuant to a settlement that exempt you from any obligation, that the Company's products or services infringe or misappropriate third-party intellectual property. Customer will promptly notify the Company of any such claim, and the Company may take over its exclusive defense. Customer will cooperate with reasonable requests and may not settle any such claim without the Company’s prior written consent. The Company’s obligations under this Section will not apply to the extent the Claim arises from: (a) the use of any software, services, or materials not provided by accessiBe; (b) modifications to a Service made without accessiBe’s prior written approval; (c) a combination of a Service with any service, software, or materials not provided or approved by accessiBe; or (d) Customer’s use of a Service after receiving notice of the alleged or actual infringement, or after accessiBe provides a non-infringing alternative. This Section applies only to Customers with an active, paid Subscription Plan for the Service giving rise to the claim. For any Service accessed free of charge, including accessScan, the Company’s sole obligation with respect to a third-party intellectual property claim is to, at its option, modify the Service to avoid the claim or discontinue the Customer’s access to it; this Section’s defense and indemnification obligations do not apply. If a Service is found, or in the Company’s reasonable opinion is likely to be found, to infringe or misappropriate a third party’s intellectual property rights, the Company may, at its option and expense; (i) procure the right for Customer to continue using the affected Service; (ii) replace or modify the affected Service to make it non-infringing, provided it remains substantially similar in functionality; or (iii) terminate the applicable Service and refund any prepaid, unused License Fees or accessServices Fees for the terminated Service.

Disclaimer of Warranties

USE OF THE SERVICES AND COMPANY CONTENT IS AT CUSTOMER’S SOLE RISK. THE SERVICES AND THE COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND EACH OF THEIR OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS, SUCCESSOR AND ASSIGNS (EACH, A “COMPANY PARTY”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. NO COMPANY PARTY REPRESENTS OR WARRANTS THAT THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR BE ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. NO COMPANY PARTY WARRANTS THAT ANY RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE.

WITHOUT LIMITING THE FOREGOING, NO COMPANY PARTY WARRANTS OR GUARANTEES THAT USE OF ANY SERVICE WILL RESULT IN A CUSTOMER WEBSITE ACHIEVING OR MAINTAINING COMPLIANCE WITH ANY LEGAL WEBSITE ACCESSIBILITY REQUIREMENT, WCAG, OR ANY OTHER LAW, REGULATION, OR STANDARD. THE SERVICES ARE INTENDED TO ASSIST IN, RATHER THAN GUARANTEE, SUCH COMPLIANCE.

Limitation of Liability

NO COMPANY PARTY WILL BE LIABLE TO ANY CUSTOMER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA. THIS APPLIES EVEN IF SUCH COMPANY PARTY WAS ADVISED SUCH DAMAGES WERE POSSIBLE, AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION APPLIES TO CLAIMS ARISING FROM: (A) USE OR 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. THE COMPANY PARTIES’ TOTAL LIABILITY TO A CUSTOMER WILL NOT EXCEED THE GREATER OF (I) THE FEES THAT THE CUSTOMER PAID IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (II) FIFTY DOLLARS ($50). WITHOUT LIMITING ANY REFUND EXPRESSLY PROVIDED UNDER 6, A DISSATISFIED CUSTOMER’S SOLE REMEDY IS TO STOP USING THE SERVICES.

Exclusion of certain warranties and limitations of liabilities

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.

Data Privacy; Security; Artificial Intelligence

Data Privacy. When you use our Services, we may collect and share certain personal information about you or anyone using the Services on your behalf ("Customer Data"), as described in our Privacy Notice. If we process your personal information as a data processor, our Data Protection Addendum (DPA) will also apply. By agreeing to these Terms, you consent to our collection, use, and disclosure of your data as outlined in the Privacy Notice and, where applicable, the DPA, in each case for the purpose of providing, maintaining, and improving our Services. The Privacy Notice and DPA are incorporated into these Terms by reference. Customer represents and undertakes that it will comply with all its privacy and data protection obligations, including notifying data subjects of any applicable rights and obtaining consent where required.
Security. If either party becomes aware of any actual, suspected, or potential security breach or misuse of the Services, it will promptly notify the other party in writing and take reasonable steps to address and remediate the situation. Both parties will work together in good faith to resolve any such incident as quickly as possible.
Artificial Intelligence. We may use information from Customer Website and its accessibility features to power our accessibility-focused search engine and to train our Artificial Intelligence. You have the right to opt-out of the use of your Website information in these circumstances, by notifying us in writing at any time.

Third-Party Content and Applications

Third Party Content. Our Services may display or link to third-party content, websites, or services ("Third-Party Content"). This does not include software embedded in accessScan, accessWidget, accessFlow, or any of the accessServices. We do not own or control Third-Party Content, and we are not responsible for its accuracy, quality, or any loss or damage arising from your use of it. Third-Party Content is provided for convenience only, and your use of it is at your own risk. Your use of Third-Party Content is subject to the relevant third party's terms and privacy policies. For any issues, please contact the applicable provider directly.
Shopify. Customers purchasing Services via Shopify acknowledge and agree that Shopify is not liable for any fault in the Services or any harm that may result from their installation or use, and that, except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of any Service.
WordPress. Customers purchasing Services via WordPress acknowledge and agree that using accessiBe's WordPress app grants Limited Access Mode to the WordPress account's admin.

MISCELLANEOUS

Compliance

No guarantee against complaints. Using the Services reduces your accessibility risk but does not guarantee that you will not receive complaints or legal notices about Customer Website's accessibility compliance. We have no control over whether third parties may contact you.
Disclaimer. Our Services are accessibility tools, not legal advice. We recommend speaking with an attorney about your Website's compliance with applicable laws, including accessibility requirements. You are responsible for your own compliance decisions, and accessiBe is not liable for any compliance outcomes.
Restrictions. Anyone whose account has been temporarily or permanently suspended or deactivated may not access or use our Services.
Void Where Prohibited. These Terms do not grant any right to access or use the Services in any jurisdiction where such access or use is prohibited by law.
Sanctions. By using our Services, you confirm that you are not located in a country subject to U.S. or Israeli sanctions, and that you are not listed on any applicable sanctions list (including the U.S. Specially Designated Nationals list or equivalent EU or UK lists). You also confirm that you are not owned or controlled by a sanctioned party, and that you will not use or share our Services for the benefit of one. If any of these confirmations turn out to be inaccurate, you are responsible for any losses, fines, or legal costs accessiBe incurs as a result.

Communications

Customer Reference/Logo Use We may refer to you as a customer of accessiBe and use your logo or website as part of that reference, including on our website, subject to applicable Customer brand guidelines. You may opt-out of this at any time by notifying us in writing, of which email notice shall suffice upon acknowledged confirmation.

Legal

CISG Exclusion. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
U.S. Government Restricted Rights. The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the Software) by the U.S. government constitutes acknowledgment of the Company’s proprietary rights in the Services (including the Software).
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified only to the extent necessary to reflect the parties' original intent.
Limitation on Claims. Any claim or cause of action arising out of or related to these Terms or the Services must be filed within twelve (12) months of the date it arose, or it is permanently barred.
Electronic Records. Printed or electronic versions of these Terms and any related notices are admissible in legal or administrative proceedings to the same extent as other original business records.
Force Majeure. Neither party will be liable for any failure or delay in performance, excluding a Customer’s obligation to pay any License Fees or accessServices Fees, caused by circumstances beyond its reasonable control including natural disasters, acts of God, war, terrorism, civil unrest, epidemics, embargoes, power or network outages, or other similar events.
Titles for Convenience Only. Section headings are for convenience only and have no legal or contractual effect. The words "include" and "including" are not terms of limitation and should be read as if followed by "without limitation." Any questions, concerns, or required notices under these Terms should be directed to the Company via email.
Entire Agreement; Modifications; Assignment.

These Terms, together with the Privacy Notice, DPA, and applicable Product Terms, constitute the entire agreement between the Company and each Customer governing access to and use of the Services, and supersede all prior agreements on those subjects. In the event of a conflict among these documents, the following order of precedence applies: (i) the applicable Product Terms; (ii) the applicable Order Form (including any order confirmation, quote, statement of work, or accessServices Order), but only to the extent the Order Form expressly and specifically identifies the Product Terms provision it is varying and states that it controls; and (iii) these Terms. A provision of an Order Form does not vary the Product Terms or these Terms merely by addressing the same subject matter, any variance must be expressed and agreed to in writing.
The Company may update these Terms at any time. Non-material changes take effect immediately upon posting. If any change would materially and negatively affect a Customer's rights or increase their obligations ("Material Modification"), the Company will provide at least 7 days' advance notice via the Customer's User Account or email, or in a similar form. Continued use of the Services after a Material Modification becomes effective constitutes acceptance of the updated Terms. If a Customer does not accept a Material Modification, they may terminate their engagement by notifying the Company in writing before the change takes effect.
The Company's failure to exercise any right under these Terms does not constitute a waiver of that right. Customers may not assign their rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights and obligations freely.
Assignment. Neither party may assign its rights or obligations under these Terms without the other party's prior written consent, not to be unreasonably withheld, conditioned, or delayed. Either party may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that: (a) the assigning party gives prompt written notice; (b) the assignee assumes all of the assigning party's obligations under these Terms; and (c) the assignee is not a direct competitor of the other party. Any purported assignment in violation of this section is void.

Electronic Communications

The Company may provide Customers with communications about the Services, including their User Account, in electronic form via the email address each Customer submitted or via their User Account. These Terms, any notices, disclosures, and other communications provided electronically satisfy any legal requirement that these communications would satisfy if they were on paper. This provision does not affect any non-waivable rights. Customers will not be able to opt-out of receiving such service messages.
The Company may record calls, video meetings, and conference calls conducted in connection with the Services, including through third-party platforms, for training, quality assurance, and recordkeeping purposes. The Company will provide notice at the start of any recorded session. By scheduling or participating in a call with the Company after receiving such notice, Customers consent to the recording and its retention in the Company's records. Customers who do not wish to be recorded must notify the Company prior to the call, and the Company will accommodate that request. For the avoidance of doubt, each such request applies solely to the call for which it is made.

Governing Law; Jurisdiction; Arbitration

United States/Canada. If you are a Customer or Visitor based in the United States or Canada, these Terms are a legally binding agreement with accessiBe Inc., governed by the laws of the State of New York (without regard to conflict of law principles).
Outside of the U.S./Canada. If you are a Customer or Visitor based outside the United States or Canada, these Terms are a legally binding agreement with accessiBe Ltd., governed by the laws of the State of Israel (without regard to conflict of law principles). Any disputes arising under these Terms that are subject to this Section must be brought exclusively in the courts located in Tel Aviv, Israel, and both parties irrevocably consent to that jurisdiction and venue.
Arbitration.

This summary is for convenience only. The full terms in the Sections below control in the event of any conflict.

If you're based in…	Then…
U.S. or Canada	NY law applies; disputes go to individual binding arbitration (AAA), not court, and class actions are waived.
Anywhere else	Israeli law applies; disputes go exclusively to the courts of Tel Aviv, Israel. Arbitration does not apply to you. The class action waiver applies to you as well.

Informal Resolution. This Section applies only to disputes, claims or controversies, for Customers or Visitors based in the United States or Canada. Prior to initiating arbitration, the aggrieved party must deliver a written Notice of Dispute to the other party's email address on file, identifying the nature of the dispute and the relief sought. The parties shall have thirty (30) days from receipt of the Notice of Dispute to resolve the matter in good faith. Submission of a Notice of Dispute is a condition precedent to filing a Demand for Arbitration.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms that is not resolved informally shall be submitted to binding individual arbitration before a single arbitrator administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, available at www.adr.org. If the AAA is unavailable or unwilling to administer the dispute, the parties shall mutually agree on an alternative provider, or a court of competent jurisdiction shall appoint one. By accepting these Terms, both parties irrevocably waive their right to a trial by jury.
Arbitration Procedures. Unless otherwise agreed by the parties, arbitration hearings shall be conducted in New York, New York, with remote participation available by telephone or video conference. The initiating party shall bear the AAA's initial filing fee; the responding party shall bear any filing fees associated with counterclaims or cross-complaints. All remaining AAA administration and arbitrator fees shall be shared equally. Each party shall bear its own attorneys' fees, court reporter fees, and related litigation costs. The parties retain full discovery rights under the Federal Rules of Civil Procedure, including the right to bring motions under Rules 12 and 56. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Governing Provisions. This Section applies only with respect to Customers or Visitors based in the United States or Canada. Questions regarding arbitrability, scope, validity, or enforceability of this Section shall be determined exclusively by the arbitrator. This arbitration provision survives the expiration or termination of these Terms and inures to the benefit of the Company's affiliates, officers, members, managers, and employees as intended third-party beneficiaries. Any judicial proceedings ancillary to this Section shall be brought exclusively before the U.S. District Court for the Southern District of New York or the state courts of New York County, Manhattan.
Class Action Waiver. This Section applies to all Customers and Visitors. Each party agrees that all disputes must be brought solely on an individual basis. Neither party may initiate or participate in any class, collective, or representative action, and no arbitrator or court shall have authority to consolidate or hear such claims. Any challenge to the validity or enforceability of this class action waiver shall be resolved exclusively by a court of competent jurisdiction, not by an arbitrator.
Authority. By agreeing to these Terms, you represent and warrant that you have full authority to enter into and perform your obligations under these Terms, that these Terms are legally binding and enforceable against you, and that doing so does not conflict with your corporate documents or any other agreement you are bound by. If you are agreeing on behalf of an organization, you also confirm that you have the authority to bind that organization to these Terms. Our Services are intended for users who are at least 18 years old and legally able to enter into binding contracts. By using our Services, you confirm that you meet this requirement. If you are under 18, please do not use our Services.

PRODUCT TERMS

The following terms ("Product Terms") shall apply to Customer's use and access of the applicable Services identified during Customer's sign-up, purchase, or plan selection process (including, as applicable, accessWidget, accessFlow, accessServices, and/or accessScan). All capitalized terms not defined in these Product Terms shall have the meaning applied to them in the Agreement. These Product Terms control over the Terms and over any order confirmation, addendum, exhibit, amendment, Order Form, or other contracting document, unless such document expressly and specifically states that it is varying a stated provision of these Product Terms, in which case that document controls solely as to the identified provision. The term "Services" shall include all products referenced in these Product Terms and identified as part of Customer's applicable plan or subscription.

Software Services

Our Software Services are cloud-based, software-as-a-service accessibility solutions ("Software Services"). As of the date of these Terms, the Software Services consist of accessWidget and accessFlow (each, together with any additional product accessiBe designates as a Software Service from time to time, a "Covered Product").

Covered Product Terms

Excluded Issues. Certain accessibility issues fall outside the scope of what the Covered Products can address ("Excluded Issues"). An updated list of Excluded Issues is available on the accessiBe website. accessiBe will endeavor to provide Customers with reasonable advance notice of any material changes to the Excluded Issues list. If Excluded Issues apply to your Website, additional services may be available, either through accessiBe's accessServices offering or third-party providers.
Technical Information Covered Products

accessWidget works with Chrome, Microsoft Edge, Android, and iOS. accessFlow works with Chrome, Android, and iOS. Both require your Website to be built on HTML.
Before You Install. Before installing a Covered Product, you are responsible for confirming that your website is compatible and ready, including that your site is properly maintained (using HTML tags correctly, avoiding deprecated elements, and keeping code clean), free of JavaScript or HTML validation errors, and reliably connected to the internet and your infrastructure. We recommend validating your website's code using a tool like the W3C Markup Validation Service before installation.

Installation.

You must install and use each Covered Product strictly in accordance with the tools and documentation the Company provides, including the Website Onboarding Guide available in your User Account or by email.
accessWidget must be installed directly within your website's BODY HTML tag, immediately before the closing </body> tag, and must be visible in your browser's "view source" function. You may install it via a plugin, directly in your code, a third-party script manager, or any other method, provided these requirements are met. After installation, you are responsible for verifying the installation, completing the Website Onboarding Guide (available in your User Account or by email), and testing that accessWidget functions correctly on your website. Failure to meet these requirements may prevent accessWidget from functioning as intended.
Before deploying accessWidget to your live website or applying any accessFlow remediation suggestions to your Website Properties, we recommend first testing in a staging or test environment. Only proceed with your live deployment after confirming there are no errors or issues in your test environment.

Compatibility with Other Accessibility Measures. Covered Products are designed to work alongside any other accessibility measures you have in place, whether implemented before or after installing our Services ("Other Accessibility Measures"). However, we cannot guarantee that our Services will not affect, or be affected by, those measures, or that they will function as intended when used together. Specifically, Covered Products will not override Other Accessibility Measures, even if those measures are incorrect or non-compliant with applicable accessibility requirements. Any interactions between our Services and your Other Accessibility Measures are excluded from our warranties.
Support. Customers who encounter issues with the installation, use or implementation of Covered Products must contact the Company via [email protected] and describe such issues. The Company will use its commercially reasonable efforts to assist Customers in resolving such issues.
Blocking or Geo-Blocking. Blocking or Geo-Blocking your website may prevent accessWidget or accessFlow from performing as intended. "Blocking" means your website restricts public scanner access (including via ad blockers) or redirects to another location. "Geo-Blocking" means your website is unreachable from, or redirects users based on, certain geographic locations.
AI Usage. Because accessWidget and accessFlow are AI-based, they may not be able to remediate or suggest fixes for website functionalities that are unique or uncommon.
Accessibility Template. The Company may provide a template accessibility statement for your use. You are solely responsible for ensuring it meets your specific needs, applicable legal requirements, and any language requirements.

accessWidget

General Terms

WCAG Standard for accessWidget. For accessWidget, "WCAG" means WCAG 2.2, AA level (or an earlier version if applicable law requires, provided it is not more permissive than WCAG 2.2 AA), in place of the WCAG 2.1 baseline in the Terms.

License Grant; Per-Domain Licensing. Subject to your purchase of the applicable subscription and compliance with these Terms, accessiBe grants you a limited, non-exclusive, non-transferable license to access and use accessWidget for each domain or sub-domain covered by your subscription. A separate License is required for each domain or subdomain on which accessWidget is installed. Licenses may not be shared across or transferred between websites, and your account must accurately reflect all websites covered by your License(s).
Image/Link Volume Limit; Termination Right. If your website requires deciphering more than 20,000 images or links, accessWidget will automatically block those requests. The Company will reach out with instructions to resolve the issue. If you are unable or unwilling to follow those instructions, you may terminate your agreement in writing and receive a pro-rated refund for any unused portion of your subscription.
Errors and Compliance Failures. If accessWidget causes an error or fails to meet an applicable Legal Website Accessibility Requirement, you may notify the Company in writing. The Company will use commercially reasonable efforts to resolve the issue. Please provide as much detail as possible to help expedite resolution.
Data Privacy. The Data Privacy; Security; Artificial Intelligence Section of the General Legal Terms applies to accessWidget. In addition, end users’ IP addresses and URLs may be processed by accessiBe when using accessWidget, subject to the Data Processing Agreement. Customers are responsible for providing all required notices to, and obtaining all necessary consents from, their End Users under applicable law.

Manual Testing and Custom Remediation.

The Company may provide its Manual Testing and Custom Remediation services (“MTCR Services”) to accessWidget Customers with certain Subscription Plans, as shall be set forth on the Company Website from time to time.

Definitions.

“MTCR Website” means a desktop (non-mobile) Customer Website and which is either (a) part of a Subscription Plan that includes MTCR Services, or (b) subject to a separate written agreement with the Company designating it as an “MTCR Website”. An “MTCR Website” does not include such Customer Website’s subdomain(s) (unless a separate License is purchased for such subdomain, in which case such subdomain shall be deemed a “Customer Website”, and if it meets the above requirements, also an “MTCR Website”).
“Custom Remediation” means remediation by the Company of a Detected Failure.
“Detected Failure” means an element on an MTCR Website that the Company detected, via Manual Testing, to be inaccessible in accordance with a Legal Website Accessibility Requirement, and which accessWidget purports to remediate. Detected Failures do not include Excluded Failures.
“Excluded Failure” means a failure to render a high-impact element on an MTCR Website accessible in accordance with a Legal Website Accessibility Requirement due to either (a) a result of any actions or inactions that are or were outside of the Company’s control, (b) an Excluded Issue (or related to, or the a result of the existence of, an Excluded Issue), or (c) a result of “false positive” testing of accessibility features.
“Manual Testing” means the manual testing of an MTCR Website for core functionality accessibility, as solely determined by the Company.

Manual Testing. accessiBe will manually test the core functionalities of eligible websites for accessibility compliance, at the times and based on the service levels published on the Company Website. If accessiBe determines, in its sole discretion, that an eligible website has sufficiently complex or numerous core functionalities that make full testing infeasible, it will notify the Customer of such in writing. The Customer’s termination and refund rights are as set forth in the Termination and Refund Section of these Product Terms.
Custom Remediation. If Manual Testing identifies a website element that (a) is inaccessible under Legal Website Accessibility requirements, and (b) falls within the scope of issues accessWidget is designed to remediate, accessiBe will remediate that element within the timeframes and service levels published on the Company Website.
Remediation Exclusions.. Remediation does not apply to failures that: (a) result from actions or circumstances outside accessiBe's control; (b) relate to, or are caused by, Excluded Issues; or (c) result from false positive accessibility testing.
Infeasibility Notice; Termination Rights. If accessiBe determines, in its sole discretion, that remediating a failure (or group of failures) would require unreasonable resources or effort, it will notify the Customer in writing. The Customer’s termination and refund rights are as set forth in the Termination and Refund Section of these Product Terms.
Post-Remediation Responsibility. Updates or changes made to an MTCR Website after remediation may undo the accessibility fixes that were applied. Customers are responsible for ensuring that any changes to their website do not reintroduce accessibility issues after remediation was applied.

Termination and Refund. If, under the Manual Testing and Custom Remediation Section, accessiBe notifies the Customer that full testing or remediation of a website is infeasible or would require unreasonable resources or effort, the Customer may terminate the License for that website within 14 days of the notice. In such event, if the website has not yet undergone Manual Testing or Custom Remediation, accessiBe will refund the full License Fee for the current License Period. If the website has already undergone Manual Testing or Custom Remediation, accessiBe will refund any pre-paid License Fees for the remaining period after termination.

Litigation Support Package

We may offer the Litigation Support package to eligible accessWidget customers who meet all of the following conditions:

You have a valid License and have properly installed accessWidget on your website.
You are on a paid, Subscription Plan (trial periods, complimentary licenses, and licenses provided free of charge are not eligible unless otherwise designated in writing by the Company).
You receive a third-party complaint about your website's accessibility compliance after installation (excluding complaints related to Excluded Issues) of the accessWidget.
Your License subscription is eligible to receive the Litigation Support Package, as described on the Company Website.

How to request support: Within seven (7) business days of receiving a complaint (including a demand letter, legal notice, or filed/draft complaint), submit a request through the Customer portal/dashboard or send an email to [email protected], along with all relevant documentation and communications you have.
Timely Notification. Failing to notify us within the time frame cited above may limit our ability to provide timely support, and the Company reserves the right to decline a request submitted outside that window. Your paid Subscription Plan must remain active from the date referenced in the complaint through the end of the Litigation Support process.
What's Included in the Litigation Support Package. When you receive a covered complaint, we will:

Review the complaint and the information you provide.
Give you documentation and materials to help demonstrate the accessibility features accessWidget has implemented on your website.
Provide dedicated technical support to address the specific issues raised in the complaint.
If any accessibility gaps are identified, we will use commercially reasonable efforts to apply appropriate fixes.

The above Litigation Support is delivered via a dedicated email thread or on the Customer portal. Follow-up questions should be submitted through the dedicated ticket established on the Customer portal, or through the dedicated email thread. The Company is not responsible for failing to provide timely responses if the dedicated Customer portal or email thread is not used.

Disclaimer: Litigation Support is a technical assistance service only and does not constitute legal advice. You should always consult your own legal counsel, including when using any materials we provide.
The Litigation Support package does not include affidavits, depositions, expert opinions, or other testimony in support of your defense. If you need any of these, please contact us with the details of your request. We will review your request and advise whether we can assist you, and on what terms. Additional fees may apply, including travel and lodging where required.
The Litigation Support Package does not include any coverage or indemnification of (a) Customers' legal fees, or (b) any payments or penalties paid or payable to third parties.

Litigation Pledge

The Litigation Pledge terms are referenced here. Effective July 15, 2026, the Litigation Pledge is no longer available to new accessWidget Customers or new Subscription Plans. These terms remain in effect solely for accessWidget Customers who held an eligible Subscription Plan with active Litigation Pledge coverage prior to that date, for so long as their Subscription Plan and eligibility continued uninterrupted. This document reflects the Litigation Pledge Terms as they appeared in accessiBe’s Terms of Service prior to their removal, and is provided for reference by eligible Customers. In the event of any conflict between this document and these Terms, these Terms will control.

accessFlow

General Terms:

What it is. accessFlow provides Customers with information and guidance regarding website accessibility issues, allowing Customers to address and remediate accessibility issues in websites, web projects and any other supported code, whether they are public or private (collectively, “Website Property(ies)”). accessFlow does not address Excluded Issues.

License Grant. Subject to your purchase of the applicable subscription and compliance with these Terms, accessiBe grants you a limited, non-exclusive, non-transferable license to access and use accessFlow for each domain or sub-domain covered by your subscription. Your accessFlow License covers the number of domains or subdomains included in your Subscription Plan tier, as described on the Company Website. Additional domains beyond that allowance may be added for an additional fee, also as described on the Company Website.
Customer Responsibilities.

Customers are in control of whether to act on accessFlow's recommendations. accessiBe is not responsible for the outcome of any decision to implement or not implement a suggested fix.
Customers may not distribute, disclose, share, sublicense, assign, and/or transfer in any way to any third party the remediation recommendations made by accessFlow, except to Customer's own personnel and contractors to access such recommendations solely for the purpose of evaluating and implementing them on the Customer's Website. Customers remain fully responsible for any misuse by such personnel or contractors and must promptly notify the Company in writing of any suspected abuse and/or misuse of accessFlow by anyone.
After receiving remediation suggestions through accessFlow, you are responsible for correctly applying those changes to your website and testing that everything works as intended afterward.

accessScan

General Terms:

What it is. accessScan is accessiBe’s free, standalone accessibility scanning tool. accessScan scans a single, specified webpage domain to identify potential accessibility issues, based on automated analysis. accessScan does not remediate any issues it identifies.
Scope and Limitations. Scans cover only the specific domain entered, not subpages or sub-domains, and may not identify Excluded Issues. accessScan reports may not fully reflect your website's accessibility features, and you are responsible for verifying them independently.
Domain authorization. By submitting a domain for scanning, you represent and warrant that you own the domain or are otherwise authorized to submit it for scanning and to receive an accessibility report about it. accessiBe is not responsible for verifying ownership or authorization, and submitting a domain you are not authorized to scan is a violation of these terms subject to the Suspension Section of the General Legal Terms.
Acceptable Use. accessScan is intended for reasonable, non-automated use to evaluate individual websites. accessiBe may rate-limit, throttle, or suspend accessScan access for any account, IP address, or session that submits requests at a volume or pattern that, in accessiBe’s reasonable discretion, indicates automated, bulk, or scraping activity, or an attempt to compile a dataset from accessScan outputs. Such activity is also a violation of these Terms, and may result in suspension or termination without prior notice.

accessServices

General Terms

What are accessServices. In addition to the Software Services, accessiBe offers a range of professional accessibility services (collectively, "accessServices"). Unlike the Software Services, accessServices are not provided on a subscription or License Period basis, and access to accessServices requires a separate quote, statement of work, or other written agreement between accessiBe and the Customer specifying the applicable scope, fees, and deliverables (an "accessServices Order"). These Product Terms apply to each accessServices Order. The scope, fees, deliverables, and timeline for the applicable accessServices will in all cases be as set forth in the accessServices Order. Beyond those items, an accessServices Order will control over these Product Terms only where the accessServices Order expressly and specifically identifies the Product Terms provision it is varying. accessServices may be purchased on a one-time or recurring basis, as specified in the applicable accessServices Order. Where accessServices are purchased on a recurring basis, the accessServices Order will specify the applicable frequency, term, and renewal terms (if any). References in these Product Terms to "License Period," "Subscription Plan," or "License Fees" do not apply to accessServices.
"accessServices" includes the following:

This summary is for convenience only. The detailed provisions in Sections d) through e) below control in the event of any conflict.

Service	In short
Audit Service	A full manual audit of a Customer Website to identify accessibility barriers and assess conformance with the applicable Legal Website Accessibility Requirement. The Audit is available in different scopes.
Document Remediation Services	Remediation of documents, such as PDF, Word, and PowerPoint files to improve their accessibility.
User Testing Services	Usability testing of a Customer Website performed by people with disabilities using their own assistive technology.
VPAT Service	Preparation of an Accessibility Conformance Report (VPAT/ACR); an add-on to the Audit Service.
VPAT Update Service	An update to a previously prepared VPAT/ACR.
Verification Review/Retest Service	Retesting of previously identified issues to confirm they have been resolved.
EU Accessibility Statement Service	Preparation of an EAA-aligned Accessibility Statement for a Customer Website.

Grant of Rights

Interim License. Prior to full payment of the applicable accessServices Fee, the Company grants to Customer a limited, non-exclusive license to access and use any interim work product solely for purposes of reviewing and providing feedback on such work product.
Transfer of Ownership Upon Payment. Upon full payment of the applicable accessServices Fee, ownership of the applicable deliverables transfers to the Customer as set forth in the Ownership of Deliverables Section of the General Legal Terms. This is an assignment of ownership, not a software license; the License Grant Section of the General Legal Terms, and Sections accessWidget License Grant and accessFlow License Grant Sections of the Product Terms do not apply to accessServices.
Effect of Early Termination. If an accessServices order terminates or otherwise ends, prior to full payment, ownership of any work product does not transfer to the Customer. In that case, the Customer's rights are limited to those expressly set forth in the applicable accessServices Order.

Core Services

Audit Service

Description of Audit Service. A manual audit performed by accessibility specialists that evaluates a Customer Website's content, user interface, functionality, and underlying code to identify accessibility barriers and assess conformance with the applicable Legal Website Accessibility Requirement ("Audit Service").
Audit Report Deliverable. The result of the Audit Service is a comprehensive report documenting the accessibility findings identified during the audit, including the applicable Legal Website Accessibility Requirements, the areas affected, relevant accessibility barriers, and recommendations to support remediation (the "Audit Report").
Post-Audit Review Call. Within ninety (90) days of receiving the Audit Report, the Customer may request an optional 30-minute post-audit review call with an accessibility specialist.

Customer Discretion; Disclaimer of Compliance. Whether to implement the remediations described in an Audit Report is solely within the Customer’s discretion, and the Customer is solely responsible for that decision. The Company expressly disclaims all liability arising from a Customer’s choice to implement, or not to implement, any recommended remediation. The Company does not represent, warrant, or guarantee that, as a result of an Audit Service, a Customer Website will comply with the Americans with Disabilities Act (ADA), WCAG, or any other applicable law or regulation, or that it will be fully accessible.

Rescoping for Out-of-Tier Websites. If a Customer Website exceeds the scope of its selected Audit Service tier, the Company will require rescoping before confirming the applicable tier and timeline.

Agile Audit Service

What it is. A focused manual accessibility assessment performed by accessibility specialists, covering up to ten (10) pages or screens of a Customer Website (the "Agile Audit Service"). Except for this narrower scope, the Agile Audit Service is governed by the same terms as the Audit Service, including as to its deliverable (the "Agile Audit Report"), the optional post-audit review call, and the disclaimers set forth in the Customer Discretion; Disclaimer of Compliance and Rescoping for Out-of-Tier Websites Sections of these Product Terms. Audit Add-Ons are not available in connection with the Agile Audit Service.

Document Remediation Services

Description of Document Remediation Services. Remediation of documents, including, without limitation, PDF files, Microsoft Word files, and PowerPoint presentations, to improve their accessibility for individuals with disabilities ("Document Remediation Services").
File Submission; As-Is Remediation. To receive Document Remediation Services, a Customer must deliver the relevant final files to the Company for remediation. Files will be remediated on an as-is basis (i.e., the Company will not alter the text, branding, graphic design, color contrast, or any other feature of the files). Document Remediation Services do not include uploading remediated files to the Customer Website.
Alternative Text For Visual Elements. Customers must provide alternative text for visual elements (i.e., pictures, graphs, etc.) before the Company begins Document Remediation Services. If a Customer does not provide alternative text, the Company will supply it, but does not guarantee that it will suit the Customer's needs or requirements.
Scanned and Image-Only Text. Customers acknowledge that scanned text and image-only text are not inherently accessible under WCAG 2.0. If a Customer provides scanned files or image-only text, the Company's remediation will be limited to adding alternative text where appropriate and will not include reconstructing or converting the scanned text into machine-readable, accessible content, unless otherwise agreed in writing.
Poor-Quality or Unremediable Files. If files provided by a Customer are of poor quality or cannot be remediated, the Company will be unable to provide the applicable Document Remediation Services and will refund the Customer the fees paid with respect to such files.
PDF Accessibility Checker Report. For each PDF file remediated through Document Remediation Services, the Company will provide a PDF accessibility checker report.

Deliverable Rejection and Correction. A Customer may reject a deliverable that contains errors or fails to conform with the applicable specifications within ten (10) days of receipt; a deliverable not timely rejected is deemed accepted. Upon timely rejection, the Company will, at its own cost, use commercially reasonable efforts to correct the errors and resubmit the corrected deliverable. If the Company is unable to do so after such efforts, it will refund the fees paid by the Customer for the applicable Document Remediation Services.

Post-Delivery Accessibility Complaints. If, within twelve (12) months after the Company completes and delivers the Document Remediation Services, the Customer receives a written complaint alleging that a remediated document fails to conform with the applicable Legal Website Accessibility Requirement in a manner that prevents or materially impairs reasonable access to, or use of, the document by an individual with disabilities ("Inaccessible Content"), the Customer may notify the Company in writing, within thirty (30) days of receiving the complaint, attaching a copy of it. The Company will investigate, including whether the Inaccessible Content fell within the scope of the applicable Document Remediation Services, and will, at its option, either (i) remediate the Inaccessible Content at no additional cost to the Customer, or (ii) if it cannot reasonably be remediated, refund the fees paid by the Customer for the applicable Document Remediation Services.

User Testing Services

Facilitated usability testing by human testers with a diverse range of disabilities, using their own assistive technologies, to evaluate the real-world accessibility and usability of Customer Websites ("User Testing Services").
The deliverables of User Testing Services are reports and/or recordings documenting the testers' experience of using the Customer Website tested.
Tested scenarios will be discussed and agreed in writing between the Customer and the Company prior to commencement of User Testing Services.

Audit Add-ons

The following services under this Section are add-ons that build on the Audit Service and Agile Audit Service Sections of the Product Terms (the “Audit Add-Ons”). They are not available as standalone services. Audit Add-Ons are unavailable as an additional feature to Agile Audit Services.

VPAT Service

Description of the VPAT Service. Preparation of an Accessibility Conformance Report ("ACR") using the VPAT framework, documenting how a Customer Website conforms against each applicable accessibility standard ("VPAT Service"). The VPAT Service is an add-on to the Audit Service Section and is not available as a standalone service.
Available Templates; Default Standard. Different VPAT/ACR templates are available according to the applicable accessibility standard, including: Section 508, WCAG 2.1, WCAG 2.2, ISO/IEC 40500, EU/EN 301 549, and VPAT-INT. Unless otherwise agreed in writing, the Company will prepare the ACR using the INT template and be based on WCAG 2.2.
Not a Separate Deliverable. The VPAT is produced from the underlying audit as part of the Company's standard delivery process. It does not constitute a separate deliverable or an additional obligation for the Customer beyond the Audit Service.
Point-In-Time Assessment; No Certification. The ACR documents the conformance status of a Customer Website at a specific point in time. It is not a certification of compliance with any law or regulation.

VPAT Update Service

Description and Availability Window. An update to an Accessibility Conformance Report previously prepared by the Company ("VPAT Update Service"), available within six (6) months of the original audit delivery date. The VPAT Update Service is based on a new Verification Review/Retest Service and does not require a full re-audit.
Eligibility Limited to Company-Prepared VPATs. The VPAT Update Service is available only for VPATs originally prepared by the Company.

Verification Review/Retest Service

Description and Scope. Targeted retesting, following a Customer's remediation efforts, to verify that previously identified accessibility issues have been resolved ("Verification Review/Retest Service"). Each engagement is scoped to cover up to one hundred fifty (150) issues per engagement.
Prerequisite: Excludes Third-Party Findings. The Verification Review/Retest Service requires a prior Audit Service performed by the Company and does not apply to issues identified by a third-party provider.

EU Accessibility Statement Service

Description of the EU Accessibility Statement Service. Development of a customized Accessibility Statement aligned with the requirements of the European Accessibility Act ("EAA"), communicating a Customer Website's accessibility conformance status at a specific point in time ("EU Accessibility Statement Service"). The EU Accessibility Statement Service is an add-on to the Audit Service.
Basis of the Accessibility Statement. The Accessibility Statement reflects the state of the Customer Website as assessed at the time of the relevant audit and should be accompanied by the completion of the Audit Service and, where applicable, remediation work and Verification Review/Retest.
No Certification of Compliance. The Accessibility Statement is not a certification of compliance with the EAA or any other applicable law or regulation.

General Assumptions and Disclaimers

Audit Services (including Agile Audit Service), VPAT Service, VPAT Update Service, User Testing Services, Verification Review/Retest Service, and EU Accessibility Statement Service are each performed on the assumption that: (i) no material changes are made to the Customer Website while the applicable Service is being rendered; and (ii) the Customer provides the Company with the access to the Customer Website necessary to perform the Service, including access to a development server or sandbox environment, where required. If changes to the Customer Website during that period affect the scope, timeline, or accuracy of the Services, the Customer must promptly notify the Company. The Company may then either: (a) renegotiate the scope, timeline, and fees, or (b) discontinue the Service if the parties cannot agree on adjusted terms. In the case of discontinuation, the Customer may be entitled to a pro-rata refund for any pre-paid work not completed under the original scope.
None of the accessServices constitute a guarantee, certification, or representation that a Customer Website is compliant with the ADA, WCAG, the EAA, or any other applicable law, standard, or regulation, or that it will render a Customer Website fully accessible. accessServices identify, document, and help address accessibility barriers in alignment with recognized accessibility standards.
Access and Submission. To access and use accessServices, a Customer must submit the applicable information and Customer Content through a Customer's user account.
Digital Asset List. Customers who purchase accessServices may request a list of the digital files and media assets detected on the Customer Website.

Ownership of Deliverables. Upon full payment of all applicable fees for accessServices, ownership of deliverables will transfer to the Customer. The Company may retain a copy of any deliverable and use it for its internal purposes, including for routine backup and archiving, evidentiary purposes, to support or defend legal claims, or for compliance with legal obligations under applicable law.
Exclusive Remedy. Unless otherwise expressly stated in these Terms, where the accessServices Section provides for the correction of a deliverable or a refund of fees paid for the applicable accessServices, including under the Deliverable Rejection and Correction and Post-Delivery Accessibility Complaints Sections, such correction or refund shall constitute the Company's sole obligation and the Customer's sole and exclusive remedy with respect to the applicable claim.

Payments for accessServices

A Customer wishing to use accessServices must request a quote via their User Account and, following receipt of such quote, pay the applicable quoted fees ("accessServices Fee"). The Company will not commence provision of accessServices until the applicable accessServices Fee is paid in full.
Other than as expressly set forth in these Terms, accessServices Fees are non-cancelable and non-refundable, even if any accessServices are canceled or unused.

PARTNER TERMS

These Partner Terms apply to any Person participating in accessiBe's Reseller, Referral Partner, and/or Non-Profit Partner Program (each, a "Partner Program," and each participant, a "Partner"). Except as otherwise expressly provided in these Partner Terms, all provisions of the Terms including the Terms and, where applicable, the Product Terms apply to Partners and govern their access to and use of the Services. Capitalized terms used but not defined in these Partner Terms have the meaning given to them elsewhere in the Terms.

Reseller and/or Referral Partner Program

If you are a Partner (as defined in our Partner Program) or wish to become one, you acknowledge and agree to comply and be subject to the terms of our Partner Program.
The Company is not a party to any agreement between any Person and a Partner (as such term is defined in the Company’s Partner Program) (a “Partner Agreement”) and shall not be deemed to be bound by any obligations in any such Partner Agreement. Therefore, such Persons may seek redress, exercise or enforcement of such rights solely vis-a-vis the applicable Partner and not the Company.

Non-Profit Partner Program

We may offer a partner program that provides eligible organizations with free or discounted access to certain Services, at our discretion. These Terms apply to all partner program participants.
To apply, candidates should reach out through the communication channels we make available. We reserve the right to accept or decline any application, and to modify or discontinue the program, or any organization's participation in it, at any time and for any reason.
Participation may also require agreeing to additional terms, which we will share with you as part of the application process.

Referral Program

We may offer you a shareable referral link ("Referral Link") to recommend our Services to others. If a new Customer purchases Services through your Referral Link, we may reward you as described in our then-current program terms. All rewards are subject to your compliance with these Terms.
By participating, you agree to use your Referral Link in accordance with these Terms, applicable law (including privacy and data protection requirements), and any program guidelines we provide, including our Prohibited Activity and Improper Conduct Policy. We may run the Referral Program through third-party providers, who may require you to accept their own terms and privacy Notice. You may do so at your own discretion and responsibility. We are not liable for any acts or omissions of those third parties, and you are solely responsible for claiming any rewards through them.
We may modify or discontinue the Referral Program at any time without liability. Upon discontinuation, you must immediately stop sharing or using your Referral Link.

If you have any questions or concerns about these Terms or the Services, or wish to give us any notification required under these Terms, please contact us via email at [email protected]

Terms of Service

GENERAL LEGAL TERMS

Introduction

Key Terms

Services; License

Beta Services

Trials and Demos

Support

Customer Responsibilities

License Period; Termination

Fees; Payment

Proprietary Rights

Indemnification

Disclaimer of Warranties

Limitation of Liability

Data Privacy; Security; Artificial Intelligence

Third-Party Content and Applications

MISCELLANEOUS

Compliance

Communications

Legal

Electronic Communications

Governing Law; Jurisdiction; Arbitration

PRODUCT TERMS

Software Services

Covered Product Terms

accessWidget

accessFlow

accessScan

accessServices

PARTNER TERMS

Reseller and/or Referral Partner Program

Non-Profit Partner Program

Referral Program

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