AccessWidget Terms of Use‍

TERMS AND CONDITIONS OF SOFTWARE USE:ERMINI E CONDIZIONI DI UTILIZZO SOFTWARE:

Data:

1. AccessiWay sells and distributes "SaaS" (Software as a Service) licenses with the specific authorization of AccessiBe Ltd, an Israeli company registered under no. 51-585530-2 that owns 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.
   
2. The software itself is intended to improve the accessibility of websites in order to make them partially compliant with WCAG 2.1 AA standards.
   
3. These Terms of Use are applicable to the AccessWidget Service.
   
4. 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 be effective immediately and notices will appear on the www.accessiway.com website  and/or be sent to Customers' email addresses.
   
5. For anything not expressly provided for in this document, full and complete reference is made to the General Conditions of Subscription to AccessiWay Services.
   

1. SUBJECT MATTER

1. The Customer, by entering into the Subscription Agreement, may purchase a License to use AccessWidget (SaaS License Agreement).
   
2. This SaaS License Agreement is an agreement between the Company and the Customer (an individual or entity) under which the Customer acquires a License for the AccessWidget Software in order to embed the end user interface (i.e., plug-ins) on the Customer's Website, with the AccessWidget Software.
   
3. The Client acknowledges that the purchase of the User License, as defined above, does not in any way imply the assignment of any intellectual property rights on the AccessWidget Software, as better specified in the General Terms and Conditions of Subscription to the AccessiWay Services.
   
4. The Client declares and agrees that, once the script is embedded on the Client's Website, no further use of the script and/or the Licence may be made for any other domain or any other website operated by the Client other than the Client's Website. The Client will be required to purchase a new dedicated License from the Company for any other website.
   
5. The License applies to Customer's use only for the domains and subdomains listed in this Order Form and/or country code top-level domain, and/or language version other than the original (ccTLD and/or dominio.com/en) indicated and quoted in this Order Form, and is limited as set forth in these Terms of Use and may not be sold and/or transferred and/or assigned for any reason, subject to the written consent of the Company. In the event that it is detected that AccessWidget has been installed on Language Versions other than those indicated in this Order Form, the Company will issue the relevant invoice, upon notification of the detection.
   
6. Depending on the level of accessWidget subscription purchased, you may benefit from additional services ("Premium Features"). Premium Features currently include (a) a monthly report of the widget's remediations, (b) the ability to automatically integrate accessWidget with a Google Analytics account, and (c) dedicated support services, including priority response times.
   

2. USE OF ACCESSWIDGET SOFTWARE

1. The License and its use may only be carried out by the Client in accordance with the rules set out below, unless the prior written consent of the Company is obtained, and, in any case, in such a way that it is not illegal, immoral or contrary to 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 (from Android 8 and iOS10). The functionality of the AccessWidget Software requires that the Client's Website in which they are embedded is a website based solely on HTML files and tags; You understand and agree that any changes you make to your website may affect the functionality of the AccessWidget Software. The Client is aware that any updates to the operating system and/or browser may lead to functionality problems that AccessiWay undertakes to resolve as soon as possible. For example, the AccessWidget Software does not support other components, such as Canvas, Flash, and/or SVG.
   
3. Customer acknowledges that the following items 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, you acknowledge and agree that the AccessWidget Software will not process them (i.e., they will not be made accessible); (ii) documents, PPT, EXCEL, WORD, PDF, audio, video, SVG, embedded content; and (iii) Canvas, Flash. If you would like these types of files and content to be made accessible on your website, we have additional services that may be suitable for your needs. Contact us at sales@accessiway.com and we will be happy to assist you with these paid services. More information about these services can be found here: https://www.accessiway.com/it-consulting.
   
4. You may not: (i) copy, modify, create derivative works of the AccessWidget Software; or (ii) assemble, decompile, reverse engineer, or otherwise attempt to influence or derive the source code of the AccessWidget Software or related services (or the underlying ideas, algorithms, structure, or organization).
   
5. Customer may not violate or impair, in any way, any intellectual property rights existing in the AccessWidget Software, including, without limitation, copyrights, patents, trademarks, or any other rights belonging to the Company or any third party.
   
6. The Client, unless he/she has purchased the AccessWidget Standard and/or Premium Support, does not have the right to modify any element of the AccessWidget Software (by way of example but not limited to the clickable element instead of the trigger, the icon, the customized interface, the shape of the custom button, the modification to the footer link of the interface) as well as the Client may not modify in any way the graphical interface provided and will not be able to delete the wording "Accessiway. The Web Accessibility Solution" and the link connected to it.
   
7. The Client is not permitted to transfer and/or sell and/or assign for any reason, in whole or in part, its License to third parties.
   

3. WEBSITE ACCESSIBILITY, CUSTOMER SUPPORT AND TECHNICAL SERVICE

1. The Company endeavours that, within 48 hours from the date on which the AccessWidget Software is incorporated into the Client's Website, the Client will become substantially accessible in accordance with the provisions of the Standard. However, it is possible that, for reasons arising from the Client's Website and/or changes and updates that may be carried out, from time to time, by the Client and/or its representatives and/or for other reasons beyond the Company's control, the Client's Website may not be accessible within the aforementioned period of 48 hours or at a later time.
   
2. If the Client notifies the Company of an error or misalignment with the provisions of the Standard, the Company will use its best efforts to instruct the Client on how to remedy such misalignment, as communicated by the Client, and restore the accessibility of the Client's Website in accordance with the Standard, within a reasonable time after receipt of such notice. Any communication from the Client regarding an error/breach/malfunction must be as clear and specific as possible and specifically indicate the component of the Client's Website that is not accessible. In any case, the Company undertakes to restore the correct accessibility of the Client's Website within the scope of the technical capabilities of the AccessWidget Software, as indicated in these Terms of Use.
   
3. The Company grants exclusively to Clients, and exclusively during normal business hours (Monday to Friday from 10:00 a.m. to 6:00 p.m.) and via live chat on the Website, technical support services such as, by way of example but not limited to, assistance in the operation of the AccessWidget Software, solutions to malfunctions of the same, assistance in the use of the Client's personal account, technical and operational issues relating to payments and/or the purchase of Licences or, in general, the conclusion of orders.
   
4. The Client agrees to ensure that its users inform the Company without delay by email to the support@accessiway.com address  and via live chat on the Website of any malfunction or problem encountered in the AccessWidget Software; upon receipt of such notification, the Company undertakes to investigate the malfunction in a timely manner.
   
5. The Company will do its best to resolve malfunctions of the AccessWidget Software as soon as possible. In the event that the technology necessary to solve a problem does not exist, or in the event that its implementation is not possible, the Company undertakes to document the problem in its records and to solve the same once this becomes technologically possible, in accordance with the Company's commitments to the Client.
   
6. The Company does not undertake to manage and/or resolve malfunctions or problems arising from the Client's Website. In no case, in fact, will changes be made to the code in the Company's systems and/or platforms in order to adapt them to the specific needs of a Client's Website.
   

4. REPRESENTATIONS, WARRANTIES AND EXCLUSIONS OF LIABILITY

1. The Company makes no undertakings, representations or warranties not specified in these Terms of Use, including, without limitation, undertakings or representations as to the quality, reliability, accuracy, completeness, timeliness or availability of the information appearing in the AccessWidget Software, the use thereof or its suitability for any particular purpose unrelated to or in addition to those set out in these Terms of Use.
   
2. The Company reserves the right to update the service at its own discretion with consequent possible temporary interruption in the provision of the same. The Company has no control over the malfunctions that may occur as a result of the updates, nor in the event of malfunctions resulting from services provided by third parties that affect the updates, but guarantees prompt intervention aimed at resolving them.
   
3. The Client understands that the Website, all communications with the Company's representatives and the use of the AccessWidget Software do not constitute the provision of legal advice and cannot be relied upon for any legal purpose, as they are not a substitute for legal advice.
   
4. Customer understands that the installation or use of the AccessWidget Software cannot guarantee that no third party claims or disputes will arise against it regarding the accessibility of the Customer's Website and that the embedding of the AccessWidget Software on the Customer's Website does not, by itself, meet all requirements of applicable law in relation to the accessibility of the Website (by way of example but not limited to, Please note that the AccessWidget Software does not correct PDF files, nor does it create subtitles for videos, nor does it act on elements that are not contained within the html code of the website on which the license is installed). The list of requirements that the AccessWidget Software does not guarantee is available at this link. For this reason, the Client irrevocably waives any claim or action of any nature (judicial and/or extrajudicial) against the Company and, therefore, the Client will not be able to assert any claim against the Company in this regard.
   
5. The Client understands that, as a security measure, in the event that the Client requests the decryption of more than 10,000 images and/or links for a website within the same month, the AccessWidget Software will block such excess decryption requests and the Company will contact the Client requesting the Client to decipher all images/links on its website. The Company will take reasonable efforts to instruct the Client on how to decipher such images/links. In the event that the Client is unable or unwilling to carry out the Company's instructions, the Client may notify the Company that he/she wishes to withdraw from the contract, in which case the Company will reimburse the Client for the portion of the price paid for the licence in relation to the Client's Website Services in proportion to the remaining term of the Licence.
   
6. The Client understands that the Company does not treat URL parameters as pages, files and/or images. The Client is responsible for ensuring that all pages, files and/or images on its website are accessible via a standard URL. In any case, prior to the processing of any page, file and/or image, the AccessWidget Software omits all URL parameters, such that pages, files and/or images that will only be available through the URL parameters are not processed through the URL.
   
7. The Client is aware that the installation of the AccessWidget Software must be carried out directly within the HTML BODY tag of the Client's Website and that the installation code must appear in the "View Source Code" function of the browser. Installation of the AccessWidget Software may be performed through: (i) the use of a plug-in, (ii) the direct use of the installation code, (iii) the use of a third-party script manager, or (iv) the use of any other means, provided that it meets the above requirements. Customer understands that installation of the AccessWidget Software in ways other than those described herein may cause certain parts of the Software to malfunction.
   
8. The Customer is aware that Geo-Blocking may prevent the proper functioning of the AccessWidget Software. "Geo-Blocking" means: (i) a Customer's Website that cannot be reached from certain geographical locations; or (ii) a Customer's Website that redirects to a different website based on the location of the user accessing it.
   
9. It is the Customer's responsibility to verify, before using the AccessWidget Software, that the systems are compatible with the Customer's requirements and that the Customer's Website is adequately maintained, including the integrity of its content management system, the absence of JavaScript errors and other malfunctions that may be caused by the programming language. After the Customer has activated the AccessWidget Software on its website, it is the Customer's responsibility to test and verify the functionality of the software on its website to ensure that none of the above mentioned problems or other issues prevent the AccessWidget Software from functioning. The Client shall not assert against the Company any incompatibility of the AccessWidget Software with its specific, extraneous or additional needs with respect to those provided for in these Terms of Service.
   
10. It is the Client's sole responsibility to verify, prior to the use of the AccessWidget Software, the integrity of the connectivity of the Client's Website and the server on which it is stored to the Internet and to the Client's infrastructure (telephone, computer, etc.), for which the Company assumes no responsibility.
    
11. The Company is in no way responsible for the content of the documents and/or graphic files and/or other data present on the Client's Website (including material and/or documents covered by copyright, patents, trademarks, texts, images, PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files or any other video provider, and any other files of any kind) for which the Client remains solely responsible and for which he declares to be in possession of the relevant rights. The Client undertakes to indemnify and hold harmless the Company for any damage, loss or charge of any kind that may arise from the Client's Website, its contents and, in general, from the activities of the Client and its users.
    
12. The Client shall be solely responsible for the content appearing on the Client's Website and for its compliance with applicable regulations, including those relating to the accessibility of the Website. Without waiver, the Client acknowledges that the advice of a lawyer or specialized technician is required and necessary for the verification of compliance with the applicable regulations, an additional service that must be requested from Accessiway but which is not included in this License.
    
13. The Services rendered under these Terms of Use do not include, and the Client expressly exempts the Company in this regard, (i) the examination of the content of the Client's Website and the adaptation of the same to applicable law and/or (ii) the examination of the requirements for the Client's Website in relation to or related to the applicable legislative provisions for accessibility. Please note that these examinations/audits are the sole responsibility of the Client and will be carried out by the Client or legal counsel on his/her behalf and at his/her own expense. It should be noted that these examinations/verifications are provided by the Company in the form of specialized advice and are regulated by specific terms and conditions. To find out which additional services are offered by the Company in order to ensure compliance with national accessibility standards, please visit our webpage at https://www.accessiway.com/it-consulting.
    
14. Notwithstanding the foregoing disclaimer and limitation of liability, in no event shall the Company be liable and the Client release the Company from any and all liability and/or obligations and/or demands and/or claims arising prior to the completion of the process of rendering accessibility on the Client's Website through the use of the AccessWidget Software.
    
15. The Customer agrees to embed the AccessWidget Software in a staging or testing website prior to installing the system on the Customer's Website and, only after verifying that there are no malfunctions or damage caused to such website, to embed the AccessWidget Software on the Customer's Website accessible to users. Anything that is not expressly stated and/or regulated in the conditions that apply in the case of the purchase of accessWidget license of this agreement, is not included in the License.
    

5. PROCESSING OF PERSONAL DATA

1. The Parties undertake to process the personal data that will be shared or communicated to execute the contract and relating to their respective internal contacts, customers and/or suppliers in compliance with the principles of correctness, lawfulness and transparency, as well as the other principles provided for by Legislative Decree 196/2003, as amended by Legislative Decree no. 101/2018, with particular regard to the provisions regarding the minimum security measures to be adopted. Pursuant to current legislation on privacy (art. 13 of European Regulation 2016/679 – GDPR), the Parties to this contract mutually acknowledge that the provision of personal data relating to each contracting party (name and surname of legal representatives, etc.) is mandatory and that such data will be processed on the basis of the current contractual relationship between the parties and entered and processed in their respective databases, for the sole purpose of managing mutual contractual relationships.
   
2. The Parties also mutually acknowledge that the data will be processed only for the time necessary for the indicated purpose in compliance with the principle of minimization pursuant to Article 5.1. c) GDPR and stored for a period of 10 years to meet administrative and accounting/tax needs. The Parties mutually recognize the right of access, rectification, cancellation, limitation of processing, as well as the right to data portability, in the event that the processing is carried out by automated means, in accordance with the provisions of art. 15-22 of the aforementioned legislation.
   
3. It is expressly understood that each party declares that it has read the above. The Parties declare that the personal data provided herein or during the execution of the contract are accurate and correspond to the truth, exonerating, reciprocally, from any responsibility for material errors in compilation or for errors deriving from an incorrect entry of the data in electronic and/or paper archives.
   
4. With reference to the Personal Data processed as part of the AccessWidget Service, the Client undertakes to appoint AccessiWay as Data Processor pursuant to art. 28 of the GDPR.