End User License Agreement (EULA)

Acceptance

By using the Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree to this EULA, please discontinue now and delete all AccessiBit code or software from your websites, computer systems and servers.

Before copying or downloading the Software or any code from the AccessiBit website, you will be asked to give your express EULA to the terms and conditions set forth in this EULA.

If you do not agree to this EULA, you must not download, nor use the software or its code for any purpose whatsoever.

Software Updates

AccessiBit reserves the right, at its sole discretion, to change or modify its Software, website, widget, plugin or any code and deploy any changes publicly on your website without prior notice to you.

Technical Support

AccessiBit has no obligation to provide any upgrades, technical information or technical support of any kind.

Restriction to Transfer

You may not assign your rights or obligations under this EULA, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer those rights.

Restriction to Use

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of the AccessiBit Software.

Restriction to Alteration

You many not modify the AccessiBit Software or create any derivative work of AccessiBit, it’s website, widget, plugin, code or any accompanying documentation. You may not alter any files or libraries in any portion of the AccessiBit Software. You may not reproduce the AccessiBit database or create any copies of AccessiBit data.

Restriction on Copying

You may not copy or reproduce any part of the AccessiBit Software.

Ownership

AccessiBit retains all interests, intellectual property, ownership rights and title in the Software and all copies thereof including but not limited to computer code, documents and documentation, copyrights, patents, trademarks, trade secrets, trade names, titles, designs, and methods of operation. The Software is protected by the copyright laws of Italy, international treaties, conventions and other laws around the world.

No Warranty

AccessiBit does not guarantee WCAG compliance!

AccessiBit interacts with each website, browser and operating system differently and therefore provides no warranty or assurances that the Software will perform as expected on your website. If you or your users experience any unexpected technical issues, bugs or malfunctions, it is your responsibility to report such issues to support@accessibit.com including relevant screenshots, browser versions, OS version and device type.

If AccessiBit Software changes the intended behavior of your website in any way or does not provide accessibility improvements as expected, you may remove any AccessiBit code from your servers and discontinue using the Software.

Limitation of Liability

AccessiBit does not guarantee WCAG compliance! it is your sole responsibility to ensure your website is accessible and tested for compliance with WCAG 2.1 or other accessibility regulations as required by law. Moreover, you hereby agree to test the AccessiBit widget and all of its accessibility features on your website locally prior to rolling it out publicly to ensure proper functionality.

By choosing to use the AccessiBit widget you hereby claim that all of the pages and content on your site have been tested with common browsers and operating systems and with each of AccessiBit’s accessibility features (contrast changes, text size changes, keyboard navigation, cursor size, link highlighting, font changes, desaturation, etc.) and that all available functionality works properly and as intended.

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

As such, neither AccessiBit, its directors, officers, employees or agents, nor any AccessiBit partner, affiliate or solution provider shall in any way be liable to you or your users and you hereby waive any direct or indirect, economic, financial, special, commercial, incidental, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Software, even if AccessiBit or a AccessiBit affiliate are aware of the possibility of such damages.

You agree to indemnify and hold AccessiBit harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of this EULA and/or acts or omissions.

Disclaimer

This software is licensed to you “as is” and AccessiBit disclaims any and all warranties, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the extent authorized by law. Without limiting the foregoing, AccessiBit makes no representations that use of the software will not infringe any copyright, patent or trademark or other rights held by a third party.

Further and without limiting the foregoing, AccessiBit makes no warranties or representations that the software will meet your requirements or that operation of the software will be uninterrupted, error free or will not harm your computer or mobile device. You assume responsibility for determining whether the software and its results, if any, are appropriate for yourself, your software, your website, your server, your product and your computer or mobile device. You shall bear the entire risk as to the performance, operation and quality of the software.

Use of Logos and Brands

The 'Customer's Logo' refers to any trademark, logo, emblem, seal, or graphical symbol that identifies a Customer.

The 'Dedicated Section' refers to the section of our Site called 'They choose AccessiBit'.

By accepting these Terms and Conditions, the Customer grants AccessiBit a non-exclusive, royalty-free, and revocable right to use the Customer's Logo in the Dedicated Section on our Site. This use will exclusively aim to identify the Customer as a user of AccessiBit's services, for commercial promotion and marketing purposes.

AccessiBit undertakes not to use the Customer's Logo in a way that may suggest approval, endorsement, affiliation, or sponsorship by the Customer towards AccessiBit's products or services outside of the Dedicated Section. AccessiBit commits to respecting the Customer's guidelines for the use of its Logo, should they be provided.

The Customer has the right to revoke its consent to AccessiBit's use of its Logo at any time, by sending written communication to info@accessibit.com. Upon receiving such communication, AccessiBit will remove the Customer's Logo from the Dedicated Section within 7 working days.

Agreement Updates

AccessiBit reserves the right, at its sole discretion, to change or modify or to add or remove portions of the EULA, Terms of Use or Privacy Policy at any time (“Updates”). You will be deemed to have accepted any update by continuing to use the AccessiBit Software or Services.

Severability

To the extent any section, clause, provision or sentence or part thereof of this EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of this EULA shall be given full force and effect.

No Waiver

AccessiBit’s failure to assert or enforce any right contained in this EULA shall not constitute a waiver of that right.

Entire Agreement

This EULA constitutes the entire agreement between you and AccessiBit with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided, however, that this EULA shall coexist with and shall not be superseded by the Terms of Use, Privacy Policy and Cookie Policy. To the extent the EULA conflicts with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. To the extent the EULA conflicts with the provisions of the Privacy Policy, the conflicting provisions in the Privacy Policy shall govern.

Governing Law, Jurisdiction

This EULA is governed by the laws of Italy.