Last modified: March 27, 2020
These Terms of Service (the “Terms of Service”) are intended to regulate the use of the SiteCompliance.io (the “Company”) Accessibility Widget, Website Compliance Policies, or other Services (“Services” as defined hereunder), the Company for itself, and on behalf of its authorized Clients (as defined below), and any Promotional Partner of SiteCompliance.io.
If you, a Client or a Promotional Partner, do not agree to these Terms of Service or any part thereof, you are required to cease your use of the SiteCompliance.io Accessibility Widget, Website Compliance Policies, or other Services, and discontinue consumption of the Services, and to immediately notify the Company thereof, in writing.
The most current Terms of Service will appear on the Website under the “Terms of Service” link on the Website’s homepage. Use of the SiteCompliance.io Accessibility Widget, Website Compliance Policies, or other Services or receipt of the Services constitutes agreement to the Terms of Service, as may be amended from time to time, in accordance with their most current version appearing on the Website.
Should any conflict or inconsistency exist between the provisions of the Terms of Service set out herein and information appearing on any other pages of the Website, the terms of these Terms of Service shall govern.
You are invited to contact the Company regarding any topic by filling out the referral form found on the “Contact Us” page of the Website.
- The Terms of Service may employ gendered language solely for convenience; all provisions hereof are intended for women and men alike. Any references to “including” or “includes” means “including (or includes) without limitation.”
- Section titles are provided solely for convenience, and should not be considered for the purpose of interpreting these Terms of Service or their validity.
The following terms shall have the meanings ascribed alongside them unless explicitly stated otherwise:
- “SiteCompliance.io Offerings” means the Accessibility Widget or other web-accessibility Offerings, Website Compliance Policies, and any additional SiteCompliance.io Offerings or products the company will provide under the SiteCompliance.io brand including the company’s website.
- “License” means a license to use the SiteCompliance.io Offerings of the Company for one (1) Licensee website, subject to and in accordance with these Terms of Service.
- “Licensee” means whoever purchases a License for the SiteCompliance.io Offerings, enabling its Clients to access and use the SiteCompliance.io Offerings on the designated Website in order to receive the SiteCompliance.io Offerings.
- “Compliant Website Policies” means the SiteCompliance.io website policies offered thought the SiteCompliance.io Offerings and Services
- “Standard” means WCAG 2.1.
- “Promotional Partner” means any third party that refers Licensees to the Company, directly or indirectly, through a Promotional Partner link or otherwise.
- “Services” means the Accessibility Widget or other web-accessibility Offerings, Website Compliance Policies, and any additional SiteCompliance.io Offerings or Products the company will provide under the SiteCompliance.io brand including the company’s website.
- “Client” means whomever Licensee authorizes to make use of the SiteCompliance.io Offerings, directly or indirectly, including another person or entity using the SiteCompliance.io Offerings on behalf of the Licensee.
- “Website” means SiteCompliance.io’s website at https://SiteCompliance.io
Use of the SiteCompliance.io Offerings
- A Client may only use the SiteCompliance.io Offerings in accordance with the rules set out here-under. Use of the SiteCompliance.io Offerings shall be made only as set out in these Terms of Service, unless express prior written consent of the Company to do otherwise, is obtained. Without derogating from the generality of the foregoing:
- When using the SiteCompliance.io Offerings or receiving the SiteCompliance.io Services, you may not impersonate a different person or business organization;
- You may not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to impact upon or derive source code (or the underlying ideas, algorithms, structure or organization);
- You may not breach or impair, in any manner, any intellectual property rights existing in the SiteCompliance.io Offerings, including without limitation, copyrights, patents, trademarks, or any other proprietary rights, whether belonging to the Company or any third party;
- You may not use the SiteCompliance.io Offerings and/or the SiteCompliance.io Services in any manner contrary to or inconsistent with these Terms of Service, nor (without derogation from the generality of the aforementioned), in any manner which is illegal, immoral, or contrary to public policy; and
- The SiteCompliance.io Offerings and the SiteCompliance.io Services are provided “as is,” and are only intended to be used by the Licensee on the website for which Licensee has obtained a License. For the avoidance of doubt, the Licensee is not permitted to transfer and/or sell its License to any other third party.
Sale, Purchase and Termination Policy
- Upon purchasing the SiteCompliance.io Offerings from the Company or the Promotional Partner, the Licensee shall receive a License for the SiteCompliance.io Offerings for the purpose of receiving Service on one website only (the “License”). As part of the Service, Company will allow the Licensee to post and publish the SiteCompliance.io Compliant Website Policies on the Licensee website and Company will also deploy a script into Licensee’s website code which imbeds the SiteCompliance.io Accessibility Widget onto Licensee’s website, as determined on the purchase date. For the avoidance of doubt, it is clarified that after the script has been embedded, no further use of the script and/or the License may be made for any other domain name or any other website operated by the Licensee. The Licensee will be required to purchase a new dedicated License from the Company for any other website.
- Upon purchasing a license, the Licensee agrees and confirms that it is engaging in a “Software as a Service” agreement (“SaaS”), whereby it purchases a Client License for the SiteCompliance.io Offerings in order to post the SiteCompliance.io Compliant Website Policies, and/or to embed the end-user interface (i.e., Accessibility Widget) of the system into a specific website, with the SiteCompliance.io Offerings installed and operated from the Company’s servers. The Licensee is not purchasing the SiteCompliance.io Offerings or any part thereof, including without limitation, the Compliant Website Policies, the code and/or supporting files and/or databases and/or any other component of the software that, either jointly or severally, comprise the SiteCompliance.io Offerings.
- The SiteCompliance.io Offerings are only compatible for use by users on the following operating systems and browsers: Chrome, Firefox, Safari, Microsoft Edge, Internet Explorer 11, Android 8, and iOS10. The functionality of the SiteCompliance.io Offerings requires that the Licensee websites in which they are embedded be websites based solely on HTML files and tags and that the source code be written according to the Standard of the World Wide Web Consortium (“W3C”), without any errors or validation warning in W3C’s troubleshooting inspections; please note that Licensee changes to such website may impact the functionality of the Service. By way of example, SiteCompliance.io Offerings do not support other components, such as Canvas, Flash and/or SVG.
- The License is for the use of the Licensee only on one website, is limited as set forth in these Terms of Service and may not be sold and/or transferred.
- The License is purchased through the Website, using the means of payment available on the Website as of the purchase date.
- The purchase is recurring either annually is renewing automatically unless Client asks Company otherwise.
- The Company reserves the right to replace and/or alter, from time to time, the means of payment available on the Website, as well as to update the price of the License, as well as to collect different prices from different Licensees and Promotional Partners, at the Company’s sole discretion and without need for justification.
- Following the completion of the purchase, the Company will create a Client Profile for the Licensee on the Website, and the login information will be sent promptly to the Client e-mail address provided during the purchase process. Concurrently, Company will make available to Licensee a script to deploy into Licensee’s website code embedding the SiteCompliance.io Offerings Accessibility Widget onto the Licensee website for which the License was purchased.
- The transaction may be terminated within 7 days of submission of the purchase order, less any cancellation fee under applicable law. In order to terminate the transaction, the Licensee and/or the Promotional Partner must e-mail billing@SiteCompliance.io.com, with its full name, identifying information, or company number, the domain name for which the termination is sought, and a copy of the transaction receipt.
- The Licensee may terminate its engagement with the Company at any time, subject to payment of all sums owed to the Company.
- The Company reserves the right to transfer its rights and obligations under these Terms of Service to any third party, provided the rights of the Licensee are not adversely affected.
- The Company reserves the right to terminate the transaction and/or the License at any time, without justification to the Licensee and/or the Promotional Partner. Should the Company terminate the License, the Licensee or the Promotional Partner, as applicable, is entitled to reimbursement as follows:
- Up to 30 days from finalization of the transaction, a full refund;
- Between 30 days and six months of use, a refund of 50% of the original price;
- Between six months and 12 months of use, a refund of 75% of the original price;
- After 12 months of using the SiteCompliance.io Offerings or Services, the Licensee and/or the Promotional Partner will no longer be entitled to a refund.
- Thirty days following the submission of a notice of termination by the Company, the engagement between the Licensee and the Company will end, and other than any outstanding refunds, there shall be no other obligation, monetary or otherwise, remaining between one party and the other, and neither party shall have any claim and/or demand and/or action against the other.
- “Cookies” are small text files transferred from an internet server to a device in use by a Client (a computer, mobile or similar). Cookies are not computer software and cannot read the information they contain, nor can they perform any actions independently. Cookies are used for rapid identification so that the Company’s servers can quickly and efficiently identify returning Clients or save client-specific preferences.
- The licensee agrees to allow the Company to implant one or more cookies, to identify information using the Cookies and to use the information found in the Cookie files in connection with rendering the Service. Some of the Cookies used by the SiteCompliance.io Offerings may originate from third parties, including Google Analytics and/or Facebook Pixel and/or YouTube.
- Cookies are used in all of the SiteCompliance.io Offerings in order to allow the smooth and functional operation of all of the SiteCompliance.io Offerings and/or in order to collect various data (such as statistical data regarding the use of the SiteCompliance.io Offerings), to verify the information and for data security purposes. Disabling the option to save Cookies in a browser may cause the SiteCompliance.io Offerings to operate at less than functional or optimal capacity.
Website Accessibility; Malfunctions; Issues
- The Company exerts best efforts to ensure that, within 48 hours of the date the SiteCompliance.io Offerings are embedded into the Licensee’s website, the Licensee’s website will become substantially accessible in accordance with the provisions of the Standard. Nonetheless, it is possible that, for reasons arising from the Licensee’s website and/or changes and updates that may be performed, from time to time, by the Licensee, the Client and/or their representatives on the Licensee’s website and/or for other reasons beyond the control of the Company, the Licensee’s website may not be substantially accessible at any given time.
- Should the Licensee provide the Company with a warning regarding an error or deviation from the provisions of the Standard, the Company will act to the best of its abilities to instruct the Licensee on how to repair such deviation, as noted in the warning, and to restore the Licensee’s website’s accessibility in accordance with the Standard, within a reasonable time of receiving such warning from the Licensee. Any Licensee warning concerning a breach must be as clear and specific as possible and refer to the component of the Licensee’s website that is not accessible. For the avoidance of doubt, the Company undertakes to repair such breach within the scope of SiteCompliance.io System’s technical capabilities, as stated in Section 3 of the Sale, Purchase and Termination Policy of these Terms of Service.
- The Company grants solely to the Licensees, and solely during normal business hours, technical support for SiteCompliance.io Offerings, including assistance in operating the SiteCompliance.io Offerings, solutions to malfunctions in the SiteCompliance.io Offerings, use of the personal Client account and similar technical and operational matters of payment, purchase or termination of transactions.
- The licensee agrees to cause its Client to report any malfunction or issue observed in the SiteCompliance.io Offerings immediately to the Company by e-mail; upon receipt of such report, the Company undertakes to investigate the malfunction in a reasonably prompt manner.
- The Company shall employ its best efforts to resolve malfunctions in the SiteCompliance.io Offerings in a reasonably prompt manner. In the event that the technology needed to resolve an issue does not exist, or in the event that its implementation is not possible, the Company shall document the issue in its records and resolve it once this becomes possible on a technological level, subject to and in accordance with the Company’s undertakings toward the Licensee.
- The Company does not undertake to manage and/or resolve malfunctions or issues originating in the Licensee’s website. For the avoidance of doubt, under no circumstances will any changes be made to the code in the Company’s systems and/or platforms in order to adapt them to the peculiar needs of a Licensee’s website.
Limitation of Liability and Customer’s Liability
- The SiteCompliance.io Offerings and Services shall be provided to the Licensee “AS IS”, and the Company shall not bear any liability for damages incurred by the Licensee and/or the Client and/or any representatives thereof on account of their use of the SiteCompliance.io Offerings and/or the SiteCompliance.io Services and/or products or SiteCompliance.io Offerings of third parties that interface with the SiteCompliance.io Offerings. The Company provides no undertaking, representation or warranty not specified in these Terms of Service, including without limitation any undertaking or representations with respect to the quality, reliability, accuracy, completeness, currency or availability of the information appearing in the SiteCompliance.io Offerings, the use thereof or their suitability for any particular purpose.
- From time to time, the Company may update and/or upgrade the SiteCompliance.io Offerings (including the Company’s servers), which may cause a temporary interruption in the provision of the SiteCompliance.io Offerings. The Company has no control over malfunctions that may occur, from time to time, in respect of the availability of the SiteCompliance.io Services included in the SiteCompliance.io Offerings, nor over SiteCompliance.io Offerings provided by third parties.
- The Licensee is aware that the installation of the SiteCompliance.io Offerings cannot guarantee that claims will not arise, and that embedding the SiteCompliance.io Offerings in the Licensee’s website does not, on its own, fulfill all of the requirements of applicable law in respect of website accessibility (SiteCompliance.io does not remediate PDF files or create subtitles for videos, for example). The Company does not undertake that the Licensee’s website will be 100% accessible at any given moment, owing to factors such as Licensee changes made to the website, issues originating in the Licensee’s website and /or limitations stemming from technological reasons. The Licensee irrevocably waives any claims against the Company from any liability, legal or otherwise, and that it shall assert no claims against the Company in this regard.
- It is the Licensee’s responsibility to verify, prior to using the SiteCompliance.io Offerings, the integrity of its website’s connectivity, and that of the server on which it is stored, to the internet network and to Licensee’s infrastructure (telephone, computer and so forth). The Company shall not bear liability for any damage to the Licensee on account of the foregoing issues, for which the Licensee is responsible.
- Without derogating from the foregoing, the Licensee agrees that, in any event, the Company’s liability towards it will be limited to a sum equal to the aggregate payments made by the Licensee to the Company in the six (6) months preceding a claim or alleged breach, and no more.
- The Company is not responsible for the contents of documents and/or graphics files and/or other data found on the Licensee’s website, including with respect to copyrights and/or patents and/or trademarks and/or accessibility of texts, pictures, attached PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files, nor files of any other video provider, nor any other file of any kind for which Licensee is responsible.
- The Company is not responsible for any loss and/or expense and/or damage incurred by the Licensee and/or any third party on account of its rendering the Licensee’s website accessible, and full and exclusive liability in this regard remains with the Licensee. Similarly, the Company is not responsible for re-organizing the Licensee’s website after the SiteCompliance.io Offerings have been embedded. The Company shall not bear any responsibility for any damage, inconvenience or loss incurred by the Licensee, directly or indirectly, as a result of its use of the SiteCompliance.io Offerings and the embedding thereof in the Licensee’s website.
- The Licensee shall bear sole responsibility for Licensee content appearing on its website and for Licensee’s compliance with laws applicable to it, including those relating to website accessibility. Without derogation, Licensee acknowledges that complying with applicable law requires it to consult an attorney; a matter that is beyond the scope of the technical SiteCompliance.io Offerings rendered by Company. The SiteCompliance.io Offerings rendered pursuant to these Terms of Service do not comprise, and Licensee hereby expressly exempts the Company from, examining website content and adapting it to applicable law and/or for examining the approvals required for the Licensee’s website in respect of or connected to accessibility legal requirements. It is emphasized that these examinations fall under the exclusive responsibility of the Licensee and will be performed by the Licensee or legal counsel on its behalf, at Licensee’s expense.
- Without derogating from the release and limitation of liability set out above, in no event shall Company be responsible, and the Licensee exempts the Company from, any liability and/or duty and/or demand and/or claim to arise prior to the completion of the accessibility rendering process on the Licensee’s website through the use of the SiteCompliance.io Offerings.
- In addition, and without derogating from the generality above, the Client shall indemnify and hold harmless the Company for any sum the Company bears and/or is required to incur for matters that are the Client’s responsibility, in addition to legal expenses, attorneys’ fees and other costs, to the extent applicable, within 30 days of receiving the Company’s first written demand.
- Licensee acknowledges that it must make adjustments in the configuration of the SiteCompliance.io Offerings after adding new content and/or new components and/or new pages and/or using new technologies on its website and to ensure that tags or “selectors” on which the SiteCompliance.io System is based are not changed. Similarly, the Licensee undertakes to embed the system in a staging website before installing the system on the Client’s website, and, only after verifying that there is no malfunction or damage caused to the Client’s website, to embed the SiteCompliance.io Offerings into the Client’s website.
- The SiteCompliance.io Offerings, based on software, hardware, and communications networks, are exposed to the inherent risks of such systems, including the risk of malicious software (viruses, trojan horses, etc.), wiretapping, hacking by hostile entities, impersonations, and other online systems and scams. The Company invests its efforts in defending against these risks. Nonetheless, it is not possible, and the Licensee is aware that it is not possible, to ensure complete immunity, and there may be damages and/or losses incurred in the event that such risks are realized, including disclosure and/or corruption of information provided and/or presented in the SiteCompliance.io Offerings, corruption of instructions/requests, unauthorized account actions, disruptions to the operation of the SiteCompliance.io Offerings and/or their response time, including interruption, partial performance and/or late performance of instructions/requests, unavailability of SiteCompliance.io Offerings or the SiteCompliance.io Offerings, etc., by virtue of such unlawful third party interference.
- No conversation or correspondence with any Company employee or representative and/or other information provided by the Company shall be considered legal advice, and the Licensee shall have no claims to the contrary.
- The Promotional Partner shall assume full responsibility for the execution of all the applicable Terms of Service by the Licensees and ensure that any agreement executed between the Promotional Partner and any Licensee shall include provisions instructing the Licensees to comply with these Terms of Service.
- The intellectual property rights, including copyrights and trademarks (should any exist) in the SiteCompliance.io Offerings or the SiteCompliance.io Services or any other content included in the SiteCompliance.io Offerings or the SiteCompliance.io Services (“Company IP”) belong solely to the Company, or to the third party that provided its permission for the Company to use them. You may not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part thereof, whether by yourself or in cooperation with any third party, in any way or using any means, whether electronic, mechanical or optical, using photographic or recording means, or through any other means, without receiving the prior written consent of the Company and/or the other rightsholders, as applicable, and subject to the terms of such consent (if any). This provision is also valid in respect of any processing, editing or translation performed by the Company on content input or provided by the Client to the SiteCompliance.io Offerings. For the avoidance of doubt, and without derogation from the generality above, the databases, software, code, systems and applications, graphics files, media and audio files, written content, code content, and other materials, including designs and graphics, relating to the Company IP also belong to the Company, and it holds the exclusive rights thereto.
- The Client is not entitled and will not be entitled to use the SiteCompliance.io Offerings or any part thereof in a manner that breaches the provisions of these Terms of Service, or that could harm the rights of the Company and/or the rights of any third party, using any means, digital or otherwise, without the prior written consent of the Company.
- If and to the extent that consent is granted for the use of the Company IP, the Client must refrain from removing, deleting or obscuring any notice or symbol concerning Company IP rights, such as copyright symbols (©) or trademarks (®) that accompany the content being used by the Client.
- The trademarks and advertising messages of the advertisers in the SiteCompliance.io Offerings are the sole property of such advertisers. Without derogating from the prohibitions above, no use may be made of these either, without obtaining prior written consent.
- The name “SiteCompliance.io” and any trademarks and/or service marks or symbols are the property of the Company. The purchase of a License does not afford the Licensee the right to make use of any of the trademarks and/or service symbols for any purpose not expressly stated in these Terms of Service.
- Upon purchasing a license, the Licensee approves the Company’s disclosure of the fact that it provided and/or provides the SiteCompliance.io Offerings to the Licensee, and that the SiteCompliance.io System is embedded in the Licensee’s website. The Licensee further confirms that the Company may make use of its trade name and the address of the website in which the SiteCompliance.io Offerings are embedded, and may make worldwide and indefinite use of the Licensee’s logo, for the Company’s marketing purposes.
- The provisions of this intellectual property clause shall apply notwithstanding the cessation of the provision of the SiteCompliance.io Offerings upon the conclusion of the License, for any reason.
- The provisions of this section do not derogate from the provisions of any law or from any rights afforded the Company by law.
Promotional Partners Program
- The Company works, from time to time and at its sole discretion, to add other companies and/or service providers in the internet industry to the Company’s Promotional Partners Program (also referred as the “Promotional Partners Affiliate Program” or “Affiliate Program”), wherein these companies present the Company and its SiteCompliance.io Offerings to their own customers.
- A Promotional Partner that refers a potential Licensee to the Company is entitled to a commission as outlined in the Promotional Partners Affiliate Agreement. A Promotional Partner may choose to either receive the Commission or use it as a discount for the same purchase. It’s clarified that a Promotional Partner cannot receive the Commission and also a discount for the same referral, but rather has to choose which benefit it wishes to use at a time. Without derogating from the foregoing, the entitlement to the Commission is conditioned upon such potential Licensee completing a purchase and embedding the License into its system. The Commission will be derived from the price paid by the referred Licensee (less VAT and any other similar tax, if applicable).
- For the avoidance of doubt, a potential Licensee referred by a Promotional Partner that purchases a License, but cancels their purchase in accordance with Section 8 of the Sale, Purchase and Termination Policy of these Terms of Service, will not entitle the Promotional Partner to any monetary commission with regard to the reimbursed amount.
- The Company reserves the right to change the amount of the Commission paid to a Promotional Partner at any time, at its sole discretion. Should the Company amend its commission policy in respect of the Promotional Partners Program, it will publish a notice thereof on the Website and/or in an e-mail message and/or through another means of communication, at the Company’s sole discretion. A Promotional Partner wishing to be active in the Promotional Partner Program is responsible for monitoring the Company’s updates in this regard, and these Terms of Service constitute its acknowledgment that the Company has not undertaken to personally notify each Promotional Partner of a change in the policy, provided that such policy change is published on the Website.
- The Company may terminate the status of a Promotional Partner at any time, without need for the prior notice and at its sole discretion. A Promotional Partner whose status is terminated will be entitled to Commissions for the Licensees it referred prior to the date on which it was informed by the Company of the termination of its status as a Promotional Partner. For the avoidance of doubt, no Promotional Partner shall have any claims and/or demands and/or rights against the Company in respect of the termination of its status as a Promotional Partner.
- A Promotional Partner shall assume full responsibility for the execution of these Terms of Service by the Licensees it referred.
Termination of the SiteCompliance.io Offerings
The Company may, from time to time and without prior notice, limit or terminate a Client’s access to the SiteCompliance.io Offerings and the SiteCompliance.io Services and refuse to provide it with such access, in the event of one of the following instances (without derogating from any other remedy afforded the Company by law):
- If a Licensee or Client breaches these Terms of Service;
- If the Company is unable to verify and/or validate information provided by a Licensee or Client or if the Company reasonably believes the information provided by a Licensee or Client is incorrect or inaccurate, in both such instances after Company makes reasonable efforts to communicate with a Licensee or Client without avail;
- If the Company reasonably believes that a Licensee or Client’s use of the SiteCompliance.io Offerings and/or the SiteCompliance.io Services is giving rise to the monetary risk and/or fraud of any kind and/or raises concerns of such; or
- If the Company reasonably believes that a Licensee or Client’s use of the SiteCompliance.io Offerings and/or the SiteCompliance.io Offerings is overloading its systems and taking too many resources due to technical issues with Client or Licensee site, or with the Company’s systems or any for any other technical reason.
- If the Company reasonably believes that a Licensee’s or Client’s actions may cause a monetary loss and/or payment and/or create legal liability for the Company towards any third party.
Choice of Law and Jurisdiction
These Terms of Service are subject solely to the laws of the State of Arizona, in the United States of America with sole and exclusive jurisdiction over any dispute arising hereunder to be adjudicated in the competent courts of Maricopa County, Scottsdale, Arizona.
For further information and clarifications, please contact: support@SiteCompliance.io