TERMS OF SERVICE – Accessi
Introduction
Welcome to Accessi (“we”, “us”, “our”), a leader in breaking barriers and building inclusion in the digital world. Our services are dedicated to transforming websites into disability-friendly spaces, ensuring full digital accessibility for all users, regardless of disabilities.
By accessing or using our website and services, you (“you”, “your”, “user”) agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your access to and use of our services, and any content, functionality, and services offered on or through our website.
Please read these Terms carefully before you start to use our services. If you do not agree to these Terms, you must not access or use our services.
Definition of Key Terms
For the purposes of these Terms, the following definitions apply:
“Accessi”: Refers to our digital accessibility agency, including its website, services, and team.
“User”: Any individual or entity that accesses or uses our services.
“Accessibility Services”: The range of services provided by Accessi, including but not limited to accessibility auditing, usability testing, and remediation support for digital products.
“Digital Products”: Websites, mobile applications, or any other digital platforms or content that are subject to accessibility services.
Scope of Services
Accessi offers various services to enhance the accessibility of digital products. These services include full accessibility auditing, usability testing by people with disabilities, and remediation support to ensure compliance with accessibility laws and standards.
Our services are designed to identify and address accessibility issues, thereby making digital products usable by individuals with various disabilities. However, our services do not guarantee absolute compliance with all possible accessibility regulations or standards worldwide.
User Eligibility
Our services are available to individuals and entities interested in enhancing the accessibility of their digital products. Users must have the legal capacity to enter into a binding contract and must not be barred from receiving services under the laws of the United States or other applicable jurisdictions.
User Accounts and Registration
To access certain features of our services, you may be required to create an account. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.
You accept responsibility for all activities that occur under your account or password. Should you suspect that the security of your account has been compromised, you must immediately notify us.
Privacy and Data Protectio
Your privacy is important to us. Our Privacy Policy, which is an integral part of these Terms, explains how we collect, use, protect, and disclose personal information gathered from users of our services.
By using our services, you agree to the collection and use of information in accordance with our Privacy Policy. You also acknowledge that data transmission over the Internet is not completely secure and that any transmission of personal data is at your own risk.
Intellectual Property Rights
All content and materials provided on our website and through our services, including but not limited to text, graphics, logos, images, and software, are the property of Accessi or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the materials provided by Accessi solely for your personal, non-commercial use. This license does not allow you to resell or make any commercial use of the services or the materials; any collection and use of any product listings, descriptions, or prices; any derivative use of the services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by Accessi or its licensors. The services and any content or materials provided through the services may not be reproduced, sold, traded, or otherwise exploited for any commercial purpose without our express written consent.
User Obligations and Conduct
As a user of Accessi’s services, you agree to abide by all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of your communications through the service. Furthermore, you agree not to:
Engage in any activity that interferes with or disrupts our services or servers or networks connected to our services.
Attempt to gain unauthorized access to any part of the service, other accounts, computer systems, or networks connected to the service, through hacking, password mining, or any other means.
Use the services for any illegal or unauthorized purpose, or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms.
Accessibility Compliance
Accessi is committed to ensuring that our services comply with applicable accessibility laws and standards. However, it is your responsibility to ensure that your use of our services and your digital products meet all applicable laws and regulations regarding accessibility. We provide recommendations and guidance, but the ultimate responsibility for legal compliance lies with you, the user.
Service Modifications and Availability
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service. Furthermore, while we strive to ensure the service is available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Pricing and Payment
Accessi reserves the right to charge fees for certain services. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable, except as required by law. We may change the fees for any service or feature of the services, including by adding fees or charges, on a going-forward basis at any time. If Accessi suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any Accessi Property, any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account, or for anything else.
Usability Testing and Audits
Our usability testing and audits are designed to identify potential accessibility issues in your digital products. However, these services do not guarantee that your digital products will be free from accessibility issues or compliant with specific regulations. Our testing and audit reports are advisory in nature and should be used as guidance for improving accessibility. The implementation of any recommendations provided in our reports is solely your responsibility.
Remediation Support
We offer remediation support services to assist you in addressing identified accessibility issues. However, our role is advisory, and we do not assume any responsibility for the actual implementation of remediation measures. It is your responsibility to ensure that any changes or modifications made to your digital products in response to our recommendations comply with applicable accessibility standards and regulations.
Third-Party Links and Services
Our service may contain links to third-party websites or services that are not owned or controlled by Accessi. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Accessi shall not be responsible or liable, directly or indirectly, 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.
Disclaimers and Limitation of Liability
Accessi provides its services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our services will function without interruption or errors. In particular, the operation of our services may be interrupted due to maintenance, updates, or system or network failures. Accessi disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Accessi disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Accessi site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
Indemnification
You agree to indemnify, defend, and hold harmless Accessi, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the service.
Termination and Suspension
Accessi reserves the right to suspend or terminate your account and access to the services at any time, without notice, for conduct that Accessi believes violates these Terms and/or is harmful to other users of the services, to Accessi, to the business of our Internet service provider, or to other information providers.
Changes to Terms and Conditions
Accessi reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms, Accessi will notify you by posting an announcement on the website. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to these Terms shall constitute your acceptance of the Terms as modified.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Sheridan County, Wyoming, for any disputes arising out of or related to your use of the service or these Terms.
Dispute Resolution
In the event of a dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the American Arbitration Association’s Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
Feedback and Suggestions
Any feedback you provide at this site shall be deemed to be non-confidential. Accessi shall be free to use such information on an unrestricted basis. Furthermore, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or third parties; (ii) Accessi is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) you are not entitled to any compensation or reimbursement of any kind from Accessi for the feedback under any circumstances.
Severability and Waiver
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Waiver: The failure of Accessi to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Accessi.
Entire Agreement
These Terms and any policies or operating rules posted by us on the site or in respect to the service constitute the entire agreement and understanding between you and Accessi. They govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Accessi (including, but not limited to, any prior versions of the Terms).
Contact Information
For any questions or comments regarding these Terms or the services provided by Accessi, you may contact us at:
Accessi LLC
30 N Gould St Ste R Sheridan,
WY 82801
Email: lazar@accessi.biz
We endeavor to respond to all inquiries promptly, but please note that delays can occur due to the volume of correspondence we receive.
Acknowledgement and Acceptance of Terms
By using the services of Accessi, you acknowledge that you have read these Terms and agree to be bound by them. You further agree that these Terms constitute a binding and enforceable legal contract between Accessi and yourself, which further enforces the entire understanding and agreement between you and Accessi concerning the subject matter herein.