Terms of Use

Last updated: 18 Jul 2024

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Web Ability app and the standalone service (collectively, the “Service”) operated by Web Ability 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.

General

Purpose & Definitions

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.

SaaS Licensing

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.

Customer Website

Any site where the webability widget is correctly installed, or which has received remediation under our services, is referred to as a Customer Website.

No Legal Advice

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.

webability Widget

Automatic Remediation

The webability widget automatically remediates most accessibility issues (excluding “Excluded Issues”). 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.

Excluded Issues

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 support@webability.io for details or to purchase.

Manual Testing and Custom Remediation

• MTCR Website – A desktop Customer Website where the webability widget is installed and covered by an MTCR plan or separate agreement. Sub-domains require their own license.
• Custom Remediation – Remediation performed by WebAbility for an identified accessibility failure.
• Detected Failure – An element on an MTCR Website found via manual testing to be inaccessible under a Legal Website Accessibility Requirement, excluding failures caused by Excluded Issues.
• Excluded Failure – A failure outside our control, related to Excluded Issues, or caused by false-positive test results.
• Manual Testing – Manual evaluation of an MTCR Website’s core functionalities for accessibility, as defined by WebAbility.

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.

Agreements with Partners

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.

Access or Use of Services via Shopify

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 support@webability.io for help.

Litigation Support

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.

You must promptly 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. Send copies of those communications to support@webability.io.

WebAbility does not offer any Litigation Support Package. We will not perform complaint reviews, prepare documentation to demonstrate accessibility features, or provide technical or legal assistance in response to any complaint. You remain solely responsible for retaining counsel and managing any defense or dispute processes.

Any requests for affidavits, depositions, expert opinions, or testimony must be submitted to support@webability.io. We will consider such requests but are under no obligation to comply and may decline at our sole discretion.

WebAbility does not cover or indemnify any legal fees, payments, or penalties you may incur.

Updates; Availability and Functionality

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.

Unpermitted Use

• Do not impersonate others, defame, harass, threaten, or violate anyone’s legal rights, including privacy or IP rights.
• Do not remove, disable, or bypass any security, rights management, or copyright protections in the Service.
• Do not make the Service publicly available on a network without authorization.
• Do not use the Service in connection with websites or content that is obscene, hateful, violent, deceptive, illegal, or otherwise offensive.
• Do not copy, extract, or repurpose Service content for commercial use beyond what is expressly permitted.
• Do not interfere with, disrupt, or attempt unauthorized access to the Service or its infrastructure.
• Do not use the Service unlawfully or in violation of these Terms or applicable laws.
• Do not overload, damage, or impair the Service or any related system.
• Do not create a competing service or use the Service for benchmarking against WebAbility.
• Do not use the Service to prepare or send legal demands, complaints, or similar communications to third parties.
• Do not use the Service for any other unauthorized commercial purposes.

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 support@webability.io.

Beta Services

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.

Trials and Demos

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:

• The trial or demo period ends;
• Your paid license for the service begins;
• We terminate the trial, at our discretion.

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.

Intellectual Property & Licenses

Company IP

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.

Company Marks

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.

License to You

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.

License to WebAbility

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.

Payments – General

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.

Prohibited Activities and Improper Conduct

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.

Use of Third-Party Providers

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.

E. Customer Content; Feedback

Customer Content

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.

Feedback

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.

Term; Termination

Term

These Terms remain in effect until terminated in accordance with the provisions below.

Termination for Convenience

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.

Termination for Cause; Suspension

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 without notice if we believe you pose a security risk, cause harm, or breach these Terms or the law. Access may be restored at our discretion once the issue is resolved.

Effects of Termination

• All rights and licenses granted to you terminate immediately; you must cease all use of the Services and remove the webability widget from your site.
• You remain responsible for fees due up to termination and are not entitled to refunds except as expressly provided.
• If we terminate for cause under Section 36.2, or you terminate for cause or material modification under Section 36.1, we will refund any prepaid fees for the unused period.
• Provisions that by their nature survive termination—including payment obligations—will continue in effect. Termination does not limit either party’s other remedies, nor create liability for termination alone.

38. Entire Agreement; Modifications; Assignment

The current Terms are posted at our “Terms of Service” page. Together with our Privacy Policy and DPA, 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 changes take effect immediately upon posting. Material modifications (those that negatively impact your rights or increase obligations) will be announced via your account or email at least seven 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.

39. Electronic Communications

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.

Software Updates

Web Ability 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

Web Ability App retains ownership of all intellectual property that makes up the product. This includes, but is not limited to, the logo, title, designs, software, and all its copies and methods of operation.

No Warranty

Web Ability App does not guarantee compliance with WAS/WCAG/ADA/Section 508/EN 301549.

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

Limitation of Liability

Web Ability App does not guarantee compliance with WAS/WCAG/ADA/Section 508/EN 301549.

It is solely the user’s responsibility to ensure their website complies with accessibility regulations required by law. You agree to test Web Ability App and all its features locally before publishing it live on your site to ensure it works as intended.

By using Web Ability App, you confirm that the product works on all your website pages and content as intended.

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

No party involved with Web Ability App’s development, including developers, managers, officers, employees, agents, or partners, shall be liable for any damages arising from or in connection with the use or performance of Web Ability App. This includes direct, indirect, financial, special, commercial, incidental, exemplary, or consequential damages.

You agree to indemnify and hold Web Ability App harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of these Terms and/or acts or omissions.

Disclaimer

Web Ability App is licensed on an “as is” basis. Web Ability 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, Web Ability 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.

Links To Other Websites

Our Service may contain links to third-party websites that are not owned or controlled by Web Ability App.

Web Ability 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 Web Ability 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.

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:

By email:support@webability.com