Terms and Conditions of Use

These terms of use (from now on also the "Terms of Use" or "Terms and Conditions") aim to regulate the relationship between AccessiWay Srl (VAT no. 12419990010), located in Turin (TO) at Via Pietro Micca, 20, 10122 (the “Company”) and the customer.

Customers who receive the Services (as defined below) confirm that they have read this document and accept these Terms of Use, including the terms of the Privacy Policy https://www.accessiway.com/privacy-policy.

Any communication to be made under the contract must be made in writing, by registered mail with return receipt, with confirmation of receipt, or by certified email to the address accessiway@pec.net.

The contract is concluded for the benefit of the parties and is binding on the parties themselves, their universal and particular successors.

The contract constitutes the full manifestation of all agreements and agreements between the parties concerning the subject matter and is the sole source of rights and duties between them, superseding and cancelling any previous verbal or written agreement and/or concluded through conclusive facts.

Any tolerance of one party towards behaviours of the other party that violate the provisions of this contract does not constitute a waiver of the rights arising from the violated provisions, nor the right to demand the exact fulfilment of all the terms and conditions provided therein.

The rights and remedies included here are not exclusive but are added to other rights and remedies available under applicable law.

The headings of the individual clauses are for the sole purpose of facilitating the reading of the contract and, therefore should not be taken into account for the interpretation of the same.

If one of the provisions of the contract were deemed void or unenforceable by a court or other competent authority, such provision should be considered deleted from the relevant agreement and the remaining provisions will remain and continue to be fully valid and effective.

 The Company reserves the right to unilaterally update and/or modify the following Terms of Use, including the Privacy Policy. Updates and changes to the Terms of Use will take effect immediately, and notices regarding them will appear on the website www.accessiway.com and/or will be sent to the email addresses of the customers.

1. DEFINITIONS

For the purposes of these Terms of Use, unless explicitly stated otherwise, the following terms will have the following meanings:

1. “Company”: refers to AccessiWay S.r.l.
   
2. "Customer": anyone who purchases a service and/or a license.
   
3. "AccessWidget Producer": AccessiBe Ltd, an Israeli legal entity, with its headquarters at Derech Menachem Begin 52, 6713701 Tel Aviv-Yafo – Israel.
   
4. "AccessDashboard Producer": Level Access, Inc., an American legal entity with its headquarters at 1310 N Courthouse Rd., Suite 860, Arlington, VA 22201.
   
5. "AccessWidget Software": plug-in software to enhance the accessibility of the website for which the Customer has purchased the usage license (from now on also “Customer's Website”), offered under the AccessiWay brand. It includes all related services such as support, activation, and language versions provided through our servers and those of the AccessWidget Producer.
   
6. "Accessibility Services: all other services offered by the Company to support the Customer in the process of adapting to regulatory requirements regarding accessibility.
   
7. “Consultancy”: indica il Servizio di Accessibilità descritto nel presente Modulo d'Ordine.
   
8. "Training": indica il Servizio di Accessibilità descritto nel presente Modulo d'Ordine.
   
9. “AccessDashboard Software”: management software for monitoring the accessibility of digital touchpoints, offered under the AccessiWay brand. It includes all related services such as support, activation, add-ons provided through our servers and those of the AccessDashboard Producer.
   
10. “Order Form”: refers to the document containing the description of the license plan(s) and/or Accessibility Services purchased by the Customer.
    
11. "AccessWidget License": a “SaaS” software license issued by the Company for no. 1 domain/subdomain of the Customer, subject to and in accordance with these Terms of Use.
    
12. "AccessDashboard License”: a license to use the AccessDashboard Software with the functionalities defined in the Order Form and subject to these Terms of Use.
    
13. “Fee”: refers to the cost of the services requested by the Customer in the Order Form. "Standard": refers to the WCAG 2.1 AA level reference criteria.
    
14. "Standard": refers to the WCAG 2.1 AA level reference criteria.
    
15. "Website": refers to the AccessiWay website at the address https://www.accessiway.com
    
16. “PDF Remediation Service”: refers to the Accessibility Service described in the Order Form.
    
17. “User/s”: refers to the users browsing the Customer's Website.
    
18. “Consumer”: refers to the individual who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.
    
19. “Activation Cost": refers to the cost of activating the License, varying depending on the number of Licenses purchased.
    
20. “AccessWidget Language Versions": refers to all pages other than the main language of the Customer's Website (for example, domain.com/en).
    
21. “Standard AccessWidget Support”: refers to the support service valid for up to 10 domains which includes:
    - modifications to the interface;
    - the presence of a clickable element instead of the trigger;
    - a customized interface icon;
    - dedicated support during installation.
    
22. “Premium AccessWidget Support”: valid for up to 10 domains, it refers to everything already included in the Standard AccessWidget Support and:
    
23. the presence of the Tooltip;
    
24. the presence of the Datalayer;
    
25. the possibility to directly contact the R&D department during working hours;
    
26. the ability to receive a response to one's ticket within 5 working hours of its opening;
    
27. the resolution of high-priority issues within the ticketing system.
    

2. LIMITATION OF LIABILITY

1. All limitations of the Company's liability outlined below, as well as clauses that limit compensations or have a legally equivalent effect to a limitation of the Company's liability, are valid and effective except where mandatory legal provisions prevail, as in cases of willful misconduct or gross negligence, even if not expressly indicated.
   
2. The Customer acknowledges that the total liability of AccessiWay to the Customer, for any reason, is limited to the Fee, net of expenses already incurred.
   
3. Moreover, without derogating from the above, the Customer shall indemnify the Company for any sum the Company should bear and/or be obligated to sustain due to the Customer's liability, such as legal expenses, commissions, and other costs.
   
4. The Customer acknowledges that AccessiWay may use, in the provision of software and accessibility services, material licensed under Open Source or other types of free licenses (including but not limited to: WordPress, OpenCart, Wave, etc.). Therefore, the Customer acknowledges that, with reference to these types of material, AccessiWay has no responsibility whatsoever, including any absence of mentioned features or other defects of any kind, and generally for any direct or indirect damage observed. The material used is indeed used "as is" (as found at the time of use) without any warranty (implied or explicit) and without the same being guaranteed to be free from defects (obvious or hidden) or that it violates any third-party rights. The Customer agrees to accept and respect the terms of the aforementioned licenses.
   
5. AccessiWay is not responsible for direct, indirect, consequential, incidental, special, punitive damages, or losses of any kind (profits, contracts, data) that the Customer or the Customer's users may suffer (including but not limited to) from:
   

1. any operation, information, advice, or other behavior carried out by the Customer or the User towards third parties;
   
2. intentional or negligent behavior, or behavior relevant from a disciplinary point of view on the part of the Customer or a User;
   
3. behaviors or acts of third parties, including cyber attacks, unintentional physical intrusions, natural or sociopolitical events;
   
4. network and/or server failures of AccessiWay or used by AccessiWay due to chance, force majeure, or the act of a third party;
   
5. v) malfunctions and/or failures of hardware and/or products, equipment, installations, and/or systems of any kind, in use at the Customer's or User's location, necessary and/or useful for the operation of one or more components of the Consultancy;
   
6. malfunctions and/or unavailability and/or total or partial configuration changes of services provided by third parties;
   
7. malfunction, use, and/or non-use of document templates and/or data precompilation utilities and/or other accessory functions made available through the Consultancy;
   
8. any form of unauthorized access and/or use of the Consultancy;
   
9. suspension and/or interruption of the internet connection service by the operator.
   

6. In the event of purchasing the PDF Remediation Service for digital documents, AccessiWay is in no way responsible for the content of the PDF files that will be sent by the Customer. Specifically, the Customer acknowledges, accepts, and authorizes:
   

1. that the documentation sent may be handled by third parties during the remediation process;
   
2. that AccessiWay is not responsible for the treatment of the documentation subject to remediation and, therefore, the Customer agrees to indemnify and hold AccessiWay harmless from any compensation claims.
   

3. ORDER CANCELLATION

1. The order can be canceled by the Customer within 14 days from the sending of the purchase order, except for any withdrawal fees or costs under applicable law. To cancel the order, the Customer must send an email to amministrazione@accessiway.com, providing their identifying information (first and last name, company or business name, tax code and/or VAT number), and the Order Form number.
   

4. AUTHORIZATION TO USE THE BRAND

1. By signing this agreement, the Customer expressly authorizes AccessiWay to freely use the Customer's brand and logo for promotional purposes on its own Website.
   

5. ASSIGNMENT OF RIGHTS

1. The Company reserves the right to transfer its rights and obligations under these Terms of Use to third parties, provided that the Customer's rights are not adversely affected.
   

6. CONFIDENTIALITY AND PROMOTION

1. Each party is obligated, even during the course of the relationship, to maintain confidentiality regarding received confidential and private information, and to preserve it with security measures and a degree of attention not less than that applied to their own confidential information, ensuring adequate protection against dissemination, reproduction, or unauthorized use.
   
2. In no way, therefore, will either party be authorized to disseminate and/or disclose the confidential and private information of the other party, committing to the utmost confidentiality and security in the processing of data, information, documents, procedures, and/or any other confidential and/or private information related to the other's activities or even indirectly connected to these.
   
3. The Customer hereby authorizes AccessiWay to use content and information related to the Consultation (e.g. images, texts, screenshots, or others) within its printed and digital promotional material, including its website, brochures, and portfolio.
   

7. APPLICABLE LAW AND EXCLUSIVE JURISDICTION

1. These general conditions of use are exclusively subject to Italian law.
   
2. The Court of Turin has exclusive jurisdiction, waiving the jurisdiction of any other court, for any dispute arising from the License, the interpretation, and evaluation of these Terms of Use, and the License itself.
   

Last updated: 14/09/2023
For further information and clarifications, contact: support@accessiway.com

SOFTWARE TERMS AND CONDITIONS OF USE:

The Company reserves the right to unilaterally update and/or modify the following Terms of Use, including the Privacy Policy. Updates and changes to the Terms of Use will take effect immediately, and related notices will appear on the website www.accessiway.com and/or will be sent to the email addresses of the Customers.

AccessiWay markets and distributes "SaaS" (Software as a Service) licenses under specific authorization from AccessiBe Ltd, an Israeli law company registered under no. 51-585530-2, holder of the intellectual property rights on the software, on the AccessiWay Systems, and owner of the Servers through which the software services covered by the "SaaS" license are provided. 

The software aims to enhance the accessibility of websites to make them partially compliant with WCAG 2.1 AA standards. 

1. PURPOSE

1. This SaaS License Agreement is a contract between the Company and the Customer (an individual or legal entity) under which the latter purchases a License for the AccessWidget Software in order to incorporate the end-user interface (i.e., plug-in) on the Customer's Website with the AccessWidget Software.
   
2. The Customer acknowledges and agrees that, once the script is embedded on the Customer's Website, no further use of the script and/or License can be made for any other domain or any other website managed by the Customer other than the Customer's Website. The Customer will be required to purchase a new dedicated License from the Company for any other website.
   
3. The License pertains to the use by the Customer only for the domains and subdomains listed in the Order Form and/or national top-level domain, and/or version in a different language from the original (ccTLD and/or, for example, domain.com/en) indicated and quoted in the Order Form, and is limited as set out in these Terms of Use and may not be sold and/or transferred and/or assigned under any title, except with written consent from the Company. If it is detected that AccessWidget has been installed on Language Versions different from those indicated in the Order Form, the Company will issue the relevant invoice, after notifying the detected event.
   

2. LICENSE USE DURATION AND RENEWAL

1. The duration of the contract (described in the Order Form as "Duration") will start from the activation date of the License, and in any case, not later than 30 days from the signing of the Order Form, and will be automatically renewed for an equal period, unless canceled by sending notice at least 60 days before the solar expiration, using the termination form available at this link, to be sent to the address amministrazione@accessiway.com.
   

3. USE OF ACCESSWIDGET SOFTWARE

1. The License and its related use by the Customer can only be in accordance with the rules set out below unless prior written consent is obtained from the Company, and in any case, in a manner that is not illegal, immoral, or against public order.
   
2. The AccessWidget Software is only compatible for use by Customers on the following operating systems and browsers: Chrome, Safari, Android, and iOS (starting from Android 8 and iOS10). The functionality of the AccessWidget Software requires the Customer's website where it's incorporated to be exclusively based on HTML files and tags; the Customer acknowledges and accepts that any changes they make to their website can affect the functionality of the AccessWidget Software. The Customer is aware that any updates to the operating system and/or browser might cause functionality issues which AccessiWay commits to resolving in the shortest possible time. For example, the AccessWidget Software does not support other components like Canvas, Flash, and/or SVG.
   
3. The Customer acknowledges that the following elements are not supported by the AccessWidget Software: (i) URL parameters that are not treated as pages, files, and/or images; therefore, if you have URLs that can only be accessed via URL parameters, the user acknowledges and agrees that the AccessWidget Software won't process them (i.e., they won't be made accessible); (ii) documents, PPT, EXCEL, WORD, PDF, audio, video, SVG, embedded content; and (iii) Canvas, Flash. If you wish these types of files and contents to be made accessible on your website, we offer additional services that might suit your needs. Contact us at sales@accessiway.com, and we'll be pleased to assist you with these paid services. More information about these services is available here: https://www.accessiway.com/accessibility-consulting.
   
4. It is not allowed to: (i) copy, modify, create derivative works of the AccessWidget Software; or (ii) assemble, decompile, decode, or otherwise attempt to derive or influence the source code of the AccessWidget Software or its related services (or the underlying ideas, algorithms, structure, or organization).
   
5. The Customer cannot violate or compromise in any manner any intellectual property rights existing in the AccessWidget Software, including but not limited to copyrights, patents, trademarks, or any other rights belonging to the Company or third parties.
   
6. Unless the Customer has purchased the Standard and/or Premium AccessWidget Assistance, they do not have the right to modify any element of the AccessWidget Software (for example, but not limited to the clickable element in place of the trigger, the icon, the custom interface, the custom button shape, the footer link interface modification) nor can they in any way modify the provided graphic interface, and they cannot remove the wording "Accessiway. The Web Accessibility Solution" and its associated link.
   
7. The Customer is not allowed to transfer and/or sell and/or assign in any way, in whole or in part, their License to third parties.
   

4. WEBSITE ACCESSIBILITY, SUPPORT, AND CUSTOMER TECHNICAL SERVICE

1. The Company commits that, within 48 hours from the date the AccessWidget Software is incorporated into the Customer's Website, the latter will become substantially compliant in line with the provisions of the Standard. However, due to reasons arising from the Customer's Website and/or changes and updates that may be made from time to time by the Customer and/or their representatives and/or for other reasons beyond the Company's control, the Customer's Website may not be accessible within the aforementioned 48-hour period or at a later time.
   
2. If the Customer notifies the Company about an error or deviation from the provisions of the Standard, the Company will act to the best of its abilities to instruct the Customer on how to rectify such deviation, based on what the Customer has communicated, and restore the accessibility of the Customer's Website in compliance with the Standard, within a reasonable period from receiving such notice. Any communication from the Customer concerning an error/violation/malfunction should be as clear and specific as possible and must indicate specifically which component of the Customer's Website is not accessible. In any case, the Company commits to restoring the proper accessibility of the Customer's Website within the technical capabilities of the AccessWidget Software, as indicated in these Terms of Use.
   
3. The Company exclusively provides Customers with technical support services during regular working hours (from Monday to Friday, 10:00 AM to 6:00 PM) and via live chat on the Website. Such services include, but are not limited to, assistance with the operation of the AccessWidget Software, solutions to its malfunctions, assistance with the use of the Customer's personal account, technical and operational issues related to payments and/or the purchase of Licenses, or, in general, the completion of orders.
   
4. The Customer commits to ensuring that their users promptly inform the Company about any malfunction or issue encountered with the AccessWidget Software through email at support@accessiway.com and via live chat on the Website. Upon receiving such a report, the Company commits to investigating the malfunction promptly.
   
5. The Company will make its best efforts to resolve malfunctions of the AccessWidget Software in the shortest possible time. If the necessary technology to address an issue does not exist, or its implementation is not feasible, the Company commits to documenting the problem in its archives and resolving it once it becomes technologically possible, in accordance with the Company's commitments to the Customer.
   
6. The Company does not commit to handling and/or resolving malfunctions or issues originating from the Customer's Website. In no case will changes be made to the code in the Company's systems and/or platforms to cater to the specific needs of a Customer's Website.
   

5. LIMITATION OF LIABILITY

1. The Company does not make any commitment, statement, or warranty not specified in these Terms of Use, including, but not limited to, any commitments or statements regarding the quality, reliability, accuracy, completeness, timeliness, or availability of information appearing in the AccessWidget Software, its use, or its suitability for specific purposes beyond those mentioned in these Terms of Use.
   
2. The Company reserves the right to update the service at its discretion, which may result in a temporary interruption of said service. The Company has no control over malfunctions that may occur as a result of updates, especially in the case of malfunctions arising from services provided by third parties that affect updates, but guarantees a prompt intervention aimed at resolving them.
   
3. The Customer is aware that the Website, all communications with Company representatives, and the use of the AccessWidget Software do not constitute the provision of legal advice and cannot be invoked for any legal purpose, as they do not replace legal advice.
   
4. The Customer acknowledges that the installation or use of the AccessWidget Software cannot guarantee that third-party claims or disputes regarding the accessibility of the Customer's website will not arise. The incorporation of the AccessWidget Software into the Customer's website does not, by itself, satisfy all the requirements of applicable law related to website accessibility (for example, the AccessWidget Software does not correct PDF files, nor does it create subtitles for videos, nor does it act on elements not contained within the HTML code of the website on which the license is installed). The list of requirements not guaranteed by the AccessWidget Software is available at this link. For this reason, the Customer irrevocably waives any claim or action of any nature (judicial and/or extrajudicial) against the Company and, therefore, the Customer will not assert any claim against the Company in this regard (including any Litigation Support if provided).
   
5. The Customer is aware that, as a security measure, if they request the decryption of more than 10,000 images and/or links for a website within the same month, the AccessWidget Software will block these excessive decryption requests, and the Company will contact the Customer asking them to decrypt all the images/links on their website. The Company will make reasonable efforts to instruct the Customer on how to decrypt these images/links. If the Customer is unable or unwilling to implement the Company's instructions, the Customer may notify the Company that they wish to withdraw from the contract. In such a case, the Company will refund the Customer a pro-rata portion of the license fee paid in relation to the Customer's Website Services, proportional to the remaining duration of the License.
   
6. The Client acknowledges that the Company does not process URL parameters as pages, files, and/or images. The Client is responsible for ensuring that all pages, files, and/or images on their website are accessible via a standard URL. In any case, before processing any page, file, and/or image, the AccessWidget Software omits all URL parameters so that pages, files, and/or images accessible only via URL parameters are not processed by it.
   
7. The Client is aware that the installation of the AccessWidget Software must be done directly within the HTML BODY tag of the Client's Website, and that the installation code should appear in the "View Source Code" function of the browser. The installation of the AccessWidget Software can be performed by: (i) using a plugin, (ii) direct use of the installation code, (iii) using a third-party script manager, or (iv) using any other means, as long as it meets the above requirements. The Client acknowledges that installing the AccessWidget Software in ways other than those described here could cause parts of it to malfunction.
   
8. The Client acknowledges that Geo-Blocking might hinder the proper functioning of the AccessWidget Software. By "Geo-Blocking" it is meant: (i) a Client's Website not accessible from certain geographical locations; or (ii) a Client's Website that redirects to a different website based on the accessing user's location.
   
9. It is the Client's responsibility to check, prior to using the AccessWidget Software, that systems are compatible with their needs and that the Client's Website is adequately maintained, including the integrity of its content management system, absence of JavaScript errors, and other malfunctions caused by the programming language. After the Client has activated the AccessWidget Software on their website, it's their responsibility to test and verify the software's functionality on their website to ensure none of the aforementioned issues or other problems prevent its operation. The Client cannot hold the Company accountable for any incompatibility of the AccessWidget Software with their specific needs that go beyond what's covered in these Terms of Service.
   
10. It's solely the Client's responsibility to verify, before using the AccessWidget Software, the integrity of their website's connectivity and the server where it's stored to the internet and the Client's infrastructure (phone, computer, etc.), for which the Company assumes no responsibility.
    
11. The Company is in no way responsible for the content of documents and/or graphic files and/or other data present on the Client's Website (including copyrighted materials, patents, trademarks, texts, images, PPT attachments, EXCEL, WORD, PDF, audio, video, VIMEO, or YouTube files, or any other video provider, and any other type of file) for which the Client remains solely responsible and claims to hold the respective rights. The Client commits to indemnify and hold the Company harmless from any damage, loss, or burden that may arise from the Client's Website, its contents, and generally from the Client's and their users' activities.
    
12. The Client will be solely responsible for the contents appearing on their website and its compliance with applicable regulations, including those regarding website accessibility. Without exceptions, the Client acknowledges that to verify compliance with the applicable law, they require the consultation of a specialized lawyer or technician, an additional service that must be requested from Accessiway but is not included in this License.
    
13. The services provided under these Terms of Use do not include, and the Client expressly exempts the Company in this regard, (i) the examination of the Client's Website content and its adaptation to applicable law and/or (ii) the examination of the requirements needed for the Client's Website in relation to or connected with applicable legal provisions for accessibility. It's emphasized that these examinations/checks fall under the exclusive responsibility of the Client and will be carried out by the Client or a legal consultant on their behalf and at their own expense. It's noted that these examinations/checks are provided by the Company as specialized consulting, and they are governed by specific terms and conditions. To find out which additional services the Company offers to ensure compliance with national accessibility standards, please visit our website at https://www.accessiway.com/accessibility-consulting.
    
14. Notwithstanding the above exemption and limitation of liability, the Company will in no case be liable, and the Client exempts the Company from any liability and/or obligation and/or request and/or claim arising before the completion of the accessibility rendering process on the Client's Website using the AccessWidget Software.
    
15. The Client commits to incorporating the AccessWidget Software on a staging or test website before installing the system on the Client's Website and, only after verifying there are no malfunctions or damages caused to such website, to incorporate the AccessWidget Software on the Client's Website accessible to users. Anything not expressly stated and/or regulated in the conditions applying to the purchase of an AccessWidget license in this contract is not included in the License.
    

Last update: 04/09/2023
For further information and clarifications, please contact: support@accessiway.com