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This summary is for orientation only. The full terms below are what apply.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the WebAbility app and the standalone service (collectively, the “Service”) operated by WebAbility 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.
These Terms are an agreement between you and TechyWeb Solutions Inc., a company incorporated in British Columbia, Canada (incorporation number BC1350554) with its registered office in Burnaby, British Columbia, trading as WebAbility (“WebAbility”, “we”, “us”). References in these Terms to “WebAbility App” are references to the Services provided by that company.
The purpose of the Services is to provide information and software solutions that help your website meet Legal Website Accessibility Requirements. WCAG refers to the Web Content Accessibility Guidelines 2.1 at the AA level (or an earlier version if applied by a relevant Legal Website Accessibility Requirement, so long as it does not exceed or contradict WCAG 2.1 AA). Legal Website Accessibility Requirement means any law or regulation that mandates website accessibility and explicitly refers to WCAG as the standard.
Our webability widget and related services are offered on a Software-as-a-Service basis. A separate license must be purchased for each domain (or sub-domain) where you use the webability widget. Additional services (e.g. custom remediation) require a separate agreement or statement of work; in case of conflict, those specific terms prevail.
Any site where the webability widget is correctly installed, or which has received remediation under our services, is referred to as a Customer Website.
We do not provide legal advice. Please consult an attorney to ensure your site complies with all applicable laws, regulations, and WCAG requirements. You are solely responsible for your own compliance and liability.
The webability widget automatically remediates many common accessibility issues (excluding “Excluded Issues”). How much of a given website it can remediate depends on how that site is built, and it does not make a website compliant with any standard or law on its own — see Section 18 (No Warranty). To activate it, an end-user selects an accessibility profile in the widget UI—or if they have assistive technologies installed, webability may auto-activate or prompt them. We process end-user IP addresses and URLs as needed to deliver the Service. You must notify end-users and obtain any required consents under applicable law. For screen-reader users, you can refer them to our usage guide on our blog.
Some issues require manual fixes (“Excluded Issues”). The current list is on our website and may be updated without notice. You are responsible for reviewing this list periodically. Remediation of Excluded Issues may require additional paid services; contact us at [email protected] for details or to purchase.
WebAbility conducts manual testing per published service levels. If core functionalities are too complex, we’ll notify you in writing, and you may terminate that site’s license within 14 days for a prorated refund (full refund if it’s the first test).
Upon detecting a failure, WebAbility performs custom remediation per published objectives. If remediation requires unreasonable effort, we’ll notify you in writing, and you may terminate the license within 14 days for a refund (full refund if it’s the first remediation).
Subsequent changes to an MTCR Website may negate custom remediation. It’s your responsibility to maintain accessibility after any updates.
WebAbility is not a party to any agreement between you and a Partner (as defined in our Partner Program) and has no obligations under such Partner Agreements. Any claims, enforcement, or redress must be pursued directly with the Partner, not with WebAbility.
If you purchase WebAbility services through Shopify, please note that Shopify is not responsible for any issues with the services or any harm resulting from their use. Unless Shopify explicitly states otherwise, they cannot assist with installation or support—please contact us at [email protected] for help.
Using WebAbility does not guarantee you will not receive demand letters, legal notices, draft or filed complaints, or other communications regarding non-compliance of your Customer Website with any Legal Website Accessibility Requirement or applicable law. WebAbility has no control over third-party actions or communications.
If you hold a valid, paid plan or add-on that includes Complaint Response Support, covering the affected website on the date or dates to which an accessibility complaint or demand letter (a “Complaint”) relates, WebAbility will, on your request submitted through the legal support form in your dashboard or to [email protected] within ten (10) business days of your receipt of the Complaint (and, for a filed lawsuit, no later than twenty-one (21) days before your first response is due):
Late notice may limit or eliminate the support we are able to provide. For a regulatory inquiry relating to the affected website’s accessibility, our support is limited to providing the documentation described above.
Complaint Response Support is a technical service only. It is not legal advice, legal representation, indemnification, insurance, a warranty, or a guarantee of compliance or of any outcome. WebAbility is not a law firm and does not practise law. We will not pay, and have no obligation toward, your legal fees, settlements, damages, or costs of any kind. You remain solely responsible for your website’s compliance with applicable law, for retaining counsel, and for your own defence.
Complaint Response Support is not available:
You must notify us in writing — no later than three business days after obtaining your license — of any demand letters or claims concerning your Customer Website’s accessibility that you received before activation, and send copies to [email protected]. Complaints you were already aware of before your subscription began are not covered by this section.
WebAbility has no obligation to provide affidavits, declarations, expert opinions, or testimony. We may agree to provide them at our sole discretion, and if we do, they may be charged separately at our then-current rates.
Complaint Response Support covers up to two (2) Complaints per website per subscription year. We will support additional Complaints at our then-current professional services rates.
Documentation and assistance provided under this section are for use by you and your legal counsel. You will give WebAbility reasonable advance notice before filing, citing, or publicly referencing materials we provide in any proceeding.
WebAbility may release updates to the Service at any time, including upgrades, bug fixes, patches, new features, or removal of existing features (“Updates”). All Updates are part of the Service and governed by these Terms.
Service availability and functionality depend on factors like network conditions. We reserve the right to modify, correct, enhance, improve, or discontinue any part of the Service without notice. If we make material changes that materially and adversely affect your use, you may terminate your subscription and receive a prorated refund of any pre-paid fees for the remaining period.
The Service may embed or link to third-party content, applications, or services (“Third-Party Content”). WebAbility does not control or endorse Third-Party Content and is not responsible for its accuracy, completeness, quality, or any loss resulting from its use. Accessing Third-Party Content is at your own risk and subject to the third party’s terms and conditions.
WebAbility may investigate and take action against any violators, including reporting them to authorities. If you become aware of any security breach or misuse, notify us immediately at [email protected].
WebAbility may offer certain features or services as closed or open beta (“Beta Services”) for testing and evaluation. We alone decide the duration and success criteria of any Beta Service, and whether to release it commercially. You are under no obligation to purchase a paid subscription after using a Beta Service.
We may suspend or discontinue any Beta Service, in whole or in part, at any time and without notice. Use of Beta Services may require a separate agreement. WebAbility is not liable for any harm arising from or related to Beta Services, or their modification, suspension, or discontinuation.
We may (but are not required to) offer certain services on a trial or demonstration basis. If you register for a trial, the service will be available until the first of:
Any data or customizations you make during a trial may be lost unless you (a) purchase a paid license, (b) upgrade the service, or (c) export your data before the trial ends. Trials are provided “as-is,” without warranty or liability to the fullest extent permitted by law.
All WebAbility software, content, graphics, media, and related materials (collectively “Company IP”) and associated intellectual property rights are owned by WebAbility, its affiliates, or licensors. All rights are reserved.
You may not use, copy, modify, distribute, create derivative works of, reverse engineer, decompile, or otherwise attempt to derive source code from any Company IP except as expressly permitted by WebAbility in writing.
WebAbility’s names, logos, and trademarks (“Company Marks”) are our exclusive property. No license or right to use any Company Mark is granted without our prior written permission.
Subject to these Terms and payment of any fees, WebAbility grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and Company Content solely for your internal business purposes during the license period. No ownership rights are transferred.
You grant WebAbility a limited, royalty-free license to access and use your website content as necessary to provide the Services, including translating, adapting, and displaying it for end users. You represent you have the authority to grant this license for any third-party content.
A valid payment method approved by WebAbility is required to process License Fees. You must provide accurate billing details (name, address, ZIP, phone, and payment method). By submitting payment info, you authorize WebAbility (or its payment processor) to charge, collect, refund, or take any billing actions on your account and to verify your payment details, including updated card information from your bank. You warrant that you have authority to use the provided payment method. WebAbility may update available payment methods at any time.
Payments are processed through third-party providers (e.g., Stripe). We may change or add providers at our discretion. You agree to provide any information or documentation required by WebAbility or its payment providers. All transactions are subject to the provider’s terms and privacy policy.
You authorize WebAbility (or its payment processor) to charge License Fees automatically on their due dates. If a charge fails, we may retry, suspend, or terminate your access without notice, and issue an invoice for manual payment.
All fees are quoted and payable in U.S. dollars, exclusive of taxes (e.g., VAT, sales tax). You may not withhold taxes; the net amount received by WebAbility must equal the quoted fees.
WebAbility reserves the right to correct pricing errors, change fees, and notify affected customers of fee updates. Fee increases take effect upon the next license renewal. Additionally, WebAbility may adjust License Fees for Customer Websites exceeding 100,000 monthly visits.
By sharing a referral link, you agree to comply with these Terms, all applicable laws (including privacy and data-protection requirements), and our Prohibited Activities and Improper Conduct Policy. You must notify data subjects of their rights and obtain any required consents. Referral rewards are contingent on full compliance with these rules.
We may engage third-party providers to run our referral program (including reward distribution). You might need to agree to their terms and privacy policies, which you accept at your own discretion and responsibility. WebAbility is not liable for any third-party acts or omissions; you alone are responsible for complying with their requirements and collecting your rewards.
You are solely responsible for all content on your Customer Website(s) or Website Properties (“Customer Content”), including code, images, text, data, and other materials. You represent and warrant that you own or have all necessary rights to use and grant us rights in your Customer Content, and that your content and our use of it under these Terms do not violate any law or third-party right.
You grant WebAbility a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, copy, distribute, modify, and display your Customer Content as needed to provide the Services. You assume all risks and responsibility for accuracy, legality, and appropriateness of your Customer Content.
Any feedback you submit—questions, comments, suggestions, or ideas—are non-confidential and become our sole property. We may use and share your feedback for any purpose without attribution or compensation to you.
These Terms remain in effect until terminated in accordance with the provisions below.
By You: You may terminate these Terms or any license at any time by written notice, provided all fees due are paid.
By WebAbility: We may terminate these Terms or any license at any time for any reason with 30 days’ prior written notice, except if required by law or unable to continue, in which case termination is immediate. You will receive a refund of any prepaid fees for the remainder of the period.
Either party may immediately terminate these Terms or any license if the other party materially breaches and fails to cure within 14 days of notice, or becomes subject to insolvency proceedings.
WebAbility may suspend your access if we reasonably believe you pose a security risk, are causing harm to the Service or to others, or are in breach of these Terms or the law. Where circumstances allow, we will tell you before we suspend; where they do not, we will tell you promptly afterwards, with the reason.
A suspension is a temporary measure, not a substitute for termination. We will review it and either restore your access or terminate under this section within thirty (30) days. If a suspension lasts more than five (5) business days and is not the result of your breach, fees stop accruing for the suspended period and we will credit or refund any fees already paid for it. If we have neither restored access nor terminated within thirty (30) days, you may terminate immediately and receive a refund of prepaid fees for the unused period.
The current Terms are posted at our “Terms of Service” page. Together with our Privacy Policy and our Data Processing Agreement, they form the entire agreement between you and WebAbility, superseding prior agreements. If a separate written agreement conflicts, that agreement governs.
We may update or modify these Terms at any time. Non-material changestake effect immediately upon posting. Material modifications (those that negatively impact your rights or increase your obligations) will be announced via your account or by email at least thirty (30) days before taking effect. Continued use after that date constitutes acceptance. If you disagree, you may terminate by notifying us in writing before the change’s effective date.
Failure to enforce a right is not a waiver. You may not assign your rights or obligations without our written consent; we may assign ours freely.
We will provide service-related notices and disclosures electronically (e.g., to the email on file or your account). These satisfy any legal requirement for written communication. You cannot opt out of essential service messages.
Any calls or video conferences we conduct may be recorded for training, quality assurance, and record-keeping. By scheduling or joining such calls, you consent to recording.
WebAbility App has the right to update, tweak, or change the code of the Software, widget, and plugin and deploy all these changes publicly on all client websites without prior notice to users.
Ownership of our intellectual property, and the limits on what you may do with it, are set out in Section 8 (Intellectual Property & Licenses).
WebAbility App does not guarantee compliance with WAS/WCAG/ADA/Section 508/EN 301549.
Interaction between WebAbility App, every website, browser, and OS can be different; therefore, there is no guarantee or assurance that WebAbility App will perform as expected on a website. If the software does not act as expected on your website, please remove it.
Our compliance disclaimer is set out in Section 18 (No Warranty) and applies to this section.
It is solely your responsibility to ensure your website complies with the accessibility regulations that apply to you. You agree to test the Service and its features on your own site before relying on it, and to tell us promptly if it does not behave as you expect.
To the maximum extent permitted by law, the total cumulative liability of WebAbility and its officers, employees, agents and suppliers arising out of or related to these Terms or the Services, whether in contract, tort (including negligence) or otherwise, will not exceed:
These limits apply in the aggregate across all claims, and apply even if a limited remedy is found to have failed of its essential purpose.
To the maximum extent permitted by law, neither we nor anyone involved in providing the Services will be liable for indirect, special, incidental, exemplary, punitive or consequential damages, or for lost profits, lost revenue, lost data, or business interruption, even if we have been advised that they are possible.
We will have no liability, and no indemnification, hold-harmless or defence obligation, in respect of any third-party claim, demand or proceeding alleging that a Customer Website is not compliant with any law, regulation or standard relating to accessibility — including the ADA, Section 508, the AODA, the European Accessibility Act, or any version or level of WCAG. You agree not to bring or assert a claim against us arising out of any such third-party claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under consumer protection legislation in your jurisdiction, or for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
No claim arising out of or related to these Terms may be brought more than twelve (12) months after the party bringing it first knew, or reasonably should have known, of the facts giving rise to it, except where applicable law does not permit that period to be shortened.
You agree to indemnify and hold WebAbility harmless from all claims, judgments, liabilities, expenses and costs arising from your breach of these Terms or from your acts or omissions, including your use of the Services on any website you do not own or are not authorised to modify.
WebAbility App is licensed on an “as is” basis. WebAbility App disclaims any warranties and does not represent that the use of this product will not infringe any rights created by a third party.
Further, WebAbility App makes no warranties or representations that the software will meet your requirements or that its operation will be uninterrupted or error-free. It is your responsibility to determine if the product achieves the desired results on your website, servers, products, and devices. You bear the entire risk of performance and operation in your environment.
Our Service may contain links to third-party websites that are not owned or controlled by WebAbility App.
WebAbility App has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that WebAbility App is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in it, without regard to conflict of law provisions. The courts of British Columbia have non-exclusive jurisdiction over any dispute arising out of these Terms, and nothing in this section limits any right you may have to bring proceedings in your own country of residence where applicable law gives you that right.
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.
The entire agreement between us is set out in Section 14 (Entire Agreement; Modifications; Assignment), including where a separate signed agreement between us takes precedence over these Terms.
We may modify or replace these Terms. The notice we give you before a change takes effect, and your right to terminate if you disagree with it, are set out in Section 14 (Entire Agreement; Modifications; Assignment): material changes are announced at least thirty (30) days in advance, and other changes take effect on posting.
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.
If you have any questions about these Terms, please contact us:
By email: [email protected]