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Terms of Use

These Terms and Conditions of Service (“Terms“, “Terms and Conditions“) govern your (“You“, “Your” or “Licensee“) relationship with Accessiview (together with its subsidiaries, representatives, affiliates, officers, and directors, “Accessiview” or “We” or “Us” or “Our“) regarding your access and use of our website whose address is https://accessiview.com/ (together with any other associated websites running which we make use of such as Accessiview or Accessiview.com the “Accessiview Website“) and the Accessiview professional services or Products which include the Accessibility Widget; Accessibility plugin, Accessiview and any additional services or products that Accessiview may provide (collectively referred to herein as the “Products” and together with the Accessiview Website, the “Service“). The Service is used either on a website or on digital content owned or controlled by Licensee (the “Licensee Website“).

Please read these Terms carefully before using the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms, which may be indicated by clicking the “I Accept” or “I Agree” option available in some of the Products, completing the registration process, or using the Services. By accessing or using the Service, You agree to be bound by these Terms. 

Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service, that may be published by Us from time to time. All such additional terms, policies, rules, or guidelines are incorporated herein by reference, and shall be considered an integral part of these Terms.

Non-exclusive License

Subject to the terms and conditions of these Terms, You are hereby granted a limited, revocable, non-exclusive, non-assignable, non-sublicensable, license to install and use the Products on Licensee’s Website subject to and in accordance with these Terms (the “License“). Each License is applicable to one Licensee Website unless otherwise specified in the applicable Purchase Order. It is hereby clarified that License does not grant You any ownership rights over the Products or any part thereof. After the Widget has been embedded in Your website, no further use of the same may be made, and the Widget shall not be embedded in any other domain name or any other website/s operated by You, unless You purchased or otherwise obtained through Us an additional License for such additional website/s.

LEGAL DISCLAIMER & TERMS OF SERVICE

  1. INTRODUCTION

Kemmisys inc. (“Kemmisys inc.,” “we,” “us,” or “our”) provides an accessibility widget (“Accessiview”) designed to enhance certain accessibility features on websites. By purchasing, installing, or using our Widget, you (“User,” “Website Owner,” or “Customer”) agree to these Terms of Service and Legal Disclaimer in full.

Our Widget is an assistive tool that helps improve certain aspects of accessibility but does not guarantee full legal compliance with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), the Accessibility for Ontarians with Disabilities Act (AODA), or any other global, federal, state, or local accessibility law or standard.

  1. NO GUARANTEE OF LEGAL COMPLIANCE

While our Widget aims to enhance accessibility, it does not ensure that your website is fully compliant with the following regulations or any other applicable laws:

  • Americans with Disabilities Act (ADA) – U.S. law requiring accessibility for individuals with disabilities.
  • Web Content Accessibility Guidelines (WCAG) – International accessibility standards.
  • Accessibility for Ontarians with Disabilities Act (AODA) – Canadian law setting digital accessibility requirements.
  • Section 508 of the Rehabilitation Act – U.S. law requiring federal agency websites to be accessible.
  • European Accessibility Act (EAA) – Accessibility requirements for digital services in the EU.
  • Any other federal, state, provincial, or local accessibility law.

User Responsibility:

  • You acknowledge that our Widget alone is not a sufficient solution to meet legal accessibility requirements.
  • You are responsible for conducting independent manual audits, consulting legal professionals, and taking additional measures to ensure compliance.
  • If your website is subject to a legal claim, lawsuit, or regulatory enforcement action regarding accessibility, we are not liable for any damages, penalties, or legal fees incurred.
  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Legal Claims: Any lawsuit, demand, fine, penalty, or other legal action against you regarding accessibility compliance.
  • Losses or Damages: Direct, indirect, incidental, consequential, special, or exemplary damages arising from the use of our Widget.
  • Business Interruption: Loss of business, revenue, profits, data, or reputation due to accessibility-related disputes.
  • Technical Malfunctions: Bugs, errors, compatibility issues, or failures of our Widget to function properly.
  • Third-Party Actions: Any actions taken by regulatory bodies, advocacy groups, law firms, or individuals regarding your website’s accessibility.
  1. NO WARRANTIES OR REPRESENTATIONS
  • We do not warrant that our Widget will make your website legally compliant with ADA, WCAG, AODA, or any other law.
  • Our Widget is provided “as is” and “as available,” without any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
  • We do not guarantee that our Widget will function without errors, delays, or compatibility issues with all websites or platforms.
  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kemmis inc. its officers, employees, agents, and affiliates from any claims, damages, liabilities, losses, legal fees, or expenses arising from:

  • Your website’s failure to comply with ADA, WCAG, AODA, or other accessibility laws.
  • Any lawsuit, regulatory enforcement action, or complaint regarding your website’s accessibility.
  • Your use or misuse of our Widget.
  1. REFUND POLICY
  • No Refunds: Due to the nature of digital services, all sales of our Widget, including setup fees and monthly subscriptions, are final and non-refundable unless otherwise stated.
  • If you experience technical issues, we will provide reasonable support but do not guarantee issue resolution.
  1. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Any legal dispute shall be resolved in the courts of Ontario, and you agree to submit to the jurisdiction of such courts.

  1. MODIFICATIONS TO THESE TERMS

We reserve the right to update, modify, or discontinue these Terms at any time. Your continued use of our Widget after changes are posted constitutes acceptance of the updated Terms.

  1. CONTACT INFORMATION

 For further information and clarifications, please contact info@accessiview.com

Last updated

Nov 26, 2023