Terms of Service (“Terms”)

Last updated: September 03, 2019

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Accessibly app (the “Service”) operated by Accessibly App (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. 

Software Updates

Accessibly App has the right to update/tweak/change the code of the Software, widget, plugin and deploy all these changes publicly on all client websites without prior notice to users. 

Ownership

Accessibly App conserves the ownership of all intellectual property that makes up the product. Ownership is bound but not limited to logo, title, designs, software and all it’s copies, methods of operation. 

No Warranty

Accessibly App does not guarantee WAS/WCAG/ADA/Section 508/EN 301549 compliance!

Interaction between Accessibly App, every website, browser and OS can be different, therefore there is no guarantee, assurance that the Accessibly App will perform as expected on a website. If the software acts as not expected on your website, please remove it. 

Limitation of Liability

Accessibly App does not guarantee WAS/WCAG/ADA/Section 508/EN 301549 compliance!

It is solely the user’s responsibility to make the website compliant, maintained and tested with aforementioned or any other accessibility regulations required by law. Moreover, you hereby agree to test Accessibly App and all its features locally prior to publishing it live on your site to make sure the app works as intended on your website.

By using Accessibly App, you hereby claim that the product works on all of your website pages and content as intended. 

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

Therefore, no party involved with Accessibly App development team including developers, managers, officers, employees, agents, partners shall in any way be liable to you, website end-users. This includes direct, indirect, financial, special, commercial, inciencial, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Accessibly app.

You agree to indemnify and hold Accessibly App harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of this TOS and/or acts or omissions.

Disclaimer

Accessibly App is licensed on “as is” basis. Accessibly App disclaims any warranties as well as Accessibly App does not make a representation that use of this product will not infringe any copyright/trademark/patent or other rights created by a third party.

Further and without limiting the foregoing, Accessibly App makes no warranties or representations that the software will meet your requirements or that operation of the software will be uninterrupted, error free or will not harm your computer or mobile device. It is your sole responsibility to determine if the product creates the desired results on your website, servers, products, devices. You shall bear the entire risk of the performance, operation on your environment. 

Links To Other Web Sites

Our Service is based on third- party websites that are not owned or controlled by Accessibly App.

Accessibly App has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Accessibly App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

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

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

Contact Us

If you have any questions about these Terms, please contact us.