Terms and Conditions

1. Who you contract with

1.1 Primary contracting entity. Unless 1.2 applies, you contract with Accessify Labs Inc., a New Jersey corporation, 169 Union Blvd., Suite 2A, Totowa, NJ 07512, USA.

1.2 Customers in India. You contract with Accessify Labs Private Limited (CIN U62013DC2026PTC469090), registered office Kh No. 385, Near 100 Futta Road, Ghitorni, New Delhi 110030, India, if:

• you are located in India,
• your organisation is incorporated in India, or
• you pay in Indian Rupees.

1.3 Signed agreements. If an order form or signed agreement names a different AccessifyLabs entity, that entity is your contracting entity for the Services it covers.

1.4 Affiliates. Our affiliates and subcontractors may help us deliver the Services. Your contracting entity stays responsible to you for their work under these Terms. Only your contracting entity has obligations to you under these Terms.

2. The Services

2.1 Purpose. The Services help you learn about, identify, document, review and manage accessibility issues. Features may include automated testing, manual findings, evidence capture, reporting, exports, training content and optional AI assistance. What is available depends on the product, plan, browser, permissions, configuration and your organisation's policy.

2.2 No certification of compliance.

• Automated checks find only some accessibility issues.
• Results can contain errors or omissions, and pages can change after testing.
• No use of the Services, and no report, score, course or certificate, certifies conformance with WCAG, the ADA, Section 508, EN 301 549, the Rights of Persons with Disabilities Act, 2016 or any other standard or law.
• Manual testing, assistive-technology evaluation and professional judgment are still needed.
• The Services do not provide legal advice.

2.3 Current and future products. These Terms apply to every AccessifyLabs product and service, including products released after the effective date, unless that product has its own terms. Some products have additional rules ("Supplemental Terms"). We will show them to you before you use or buy that product. Supplemental Terms form part of these Terms for that product.

2.4 Order of precedence. If documents conflict, this order applies for the subject matter they cover:

1. a signed agreement, order form or data processing agreement
2. Supplemental Terms
3. these Terms

An individual using a product does not replace their organisation's signed agreement.

3. Accepting these Terms

3.1 You accept these Terms by clicking or tapping to accept them when prompted, for example at sign-up, extension installation or course enrolment. Where no prompt is shown, continuing to use the Services after clear notice of these Terms counts as acceptance where the law allows. If you do not agree, do not use the Services.

3.2 You must be at least 18, or the age of majority where you live if that is higher, and legally able to enter a contract. Section 10.6 covers learners under 18 enrolled through a school or organisation.

3.3 If you accept on behalf of an organisation, you confirm you have authority to bind it, and "you" includes that organisation.

4. Permission to use the Services

4.1 Subject to these Terms and any applicable order, we give you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purposes. We and our licensors keep all rights in our software, content, documentation and brands.

4.2 You must not, except where the law expressly permits it despite this restriction:

• copy, modify or create derivative works of the Services
• reverse engineer, decompile or disassemble them
• resell, sublicense or provide them to third parties as a service
• use them to build a competing product

4.3 Third-party and open-source components remain subject to their own licences. Nothing in these Terms limits the rights those licences give you.

5. Accounts and organisation access

5.1 Some features need an account. Keep your details accurate, protect your login details, and tell us promptly if you suspect unauthorised use. You are responsible for activity under your account that you authorise.

5.2 Your organisation may control access, roles, settings and who can see information in its workspace. Local extension features may work without an account. Signing in does not by itself send scan results to us.

6. Authorised testing and acceptable use

6.1 Use the Services only on websites, applications and information you are authorised to access and test. You are responsible for getting any required permission from owners, employers or individuals.

6.2 You must not use the Services to:

• break the law or infringe others' rights
• bypass access or security controls
• obtain credentials or data without authorisation
• disrupt systems
• distribute malicious code
• misrepresent results or certificates
• disclose information you have no right to share

7. Your content, feedback and usage data

7.1 Your Content. You keep your rights in the information you provide or process, including findings, code, screenshots, reports and course submissions ("Your Content"). You give us only the rights needed to host, process and secure Your Content to provide the Services and follow your or your organisation's instructions. We do not sell Your Content, use it for advertising, or use it to train AI models.

7.2 Your responsibility. Page addresses, HTML and screenshots can contain personal data, confidential information or tokens. Review content before you capture, export or share it, and remove anything you are not authorised to disclose.

7.3 Local storage. Information stored locally in your browser is not a backup held by us. Clearing browser storage, removing the extension or a device failure can make it unavailable. Keep your own copies.

7.4 Feedback. If you send us suggestions or feedback, we may use them without restriction or payment. Feedback does not include Your Content.

7.5 Usage data. We may collect and use aggregated or de-identified data about how the Services perform and are used, to operate, secure and improve them. This data does not identify you, your organisation or any individual. It is handled as described in our Privacy Policy and product notices.

8. Optional AI and third-party services

8.1 Optional AI features and integrations may need separate provider accounts, keys, permissions or charges. You are responsible for your arrangements with those providers. Their own terms and privacy policies apply.

8.2 When you confirm a request, the selected content and context are sent to the configured provider. Under our disclosed fallback, the same request may go to more than one provider. Information already sent cannot be recalled.

8.3 AI output may be inaccurate, incomplete or unsuitable. Review and test it before relying on it. As between you and us, you own the output generated for you, to the extent the law allows, and you are responsible for how you use it. Output is not a guarantee of accessibility, security or legal compliance.

9. Privacy and data protection

9.1 Our Privacy Policy explains how we handle personal data. Product notices explain local processing, permissions and choices for specific features.

9.2 Accepting these Terms is not consent to any data processing. Where the law requires consent, including under India's Digital Personal Data Protection Act, 2023, we will ask for it separately with a clear notice.

9.3 Where we process personal data on your organisation's behalf, our data processing agreement with that organisation governs that processing.

9.4 Grievance contact. Send questions or complaints about personal data to our Grievance Officer at privacy@accessifylabs.com.

10. AccessifyLabs Academy

This section applies to AccessifyLabs Academy courses, learning paths, live sessions, assessments and certificates ("Academy"), in addition to the rest of these Terms.

10.1 Enrolment. Enrolment is personal to the named learner, unless an organisation buys seats for its people. Seats may be reassigned only as the order allows. Do not share login details or let others take assessments for you.

10.2 Course content licence. We give you a personal, non-transferable licence to access course materials for your own learning during your access period. Without our written permission, you must not record, copy, redistribute, resell or publicly post course materials, assessments or answers, or use them to train others commercially.

10.3 Access period. Access lasts for the period stated at purchase. If no period is stated, access lasts 12 months from enrolment. We may update or retire course content. If we retire a paid course during your access period, we will offer a comparable course or a pro-rata refund (a refund for the unused share of your access).

10.4 Certificates. A certificate of completion confirms only that you completed the stated course requirements. It is not:

• a professional licence
• an IAAP certification (such as CPACC or WAS)
• a government accreditation
• proof that any product you work on is accessible

We may revoke a certificate obtained through cheating, impersonation or other misconduct. You may share certificates truthfully but must not alter them.

10.5 Fees and refunds. Course fees are shown before purchase. You may cancel a self-paid enrolment for a full refund within 7 days of purchase if you have completed less than 20% of the course and have not downloaded a certificate. Organisation purchases follow the order form. Mandatory consumer rights are not affected.

10.6 Learners under 18. Learners under 18 may use the Academy only through a school or organisation that has an agreement with us and has obtained any parental consent the law requires, including verifiable parental consent under India's DPDP Act.

10.7 Accessibility of the Academy. We aim for the Academy to conform to WCAG 2.2 Level AA. If you need an accommodation to take part, contact us and we will work with you on it.

11. Fees and taxes

11.1 Charges, billing periods, renewals, cancellation and refunds for paid Services are set out in the order, checkout page or Supplemental Terms shown before purchase. These Terms alone create no fee or automatic renewal.

11.2 Fees exclude taxes. You pay applicable taxes, including GST in India and sales or use taxes elsewhere, except taxes on our income. Where the law requires withholding, you will provide the relevant tax certificate.

11.3 Charges from third-party providers are between you and that provider.

12. Availability and changes to the Services

12.1 We may maintain, update, change or discontinue features. Unless an agreement says otherwise, we do not guarantee uninterrupted availability or support for every browser, website or environment.

12.2 We may discontinue free, trial, preview or beta features at any time. Preview features may be incomplete. Assess them before using them for sensitive or critical work.

12.3 If a change materially reduces a paid Service you have already paid for, we will give reasonable notice. If you end that Service because of the change, we will refund prepaid fees for the unused period.

13. Suspension and termination

13.1 You may stop using the Services at any time, subject to any subscription commitment.

13.2 We may suspend or end your access where reasonably necessary because of a material breach, a security risk, a legal requirement, non-payment or the end of authorised access. Where practicable and lawful, we will give notice and a chance to fix the issue first.

13.3 Ending access does not automatically erase information held by your organisation, us or third-party providers. Retention, deletion rights and agreements continue to govern it.

13.4 Survival. Sections 2.2, 4.2, 7, 11, 14, 15, 16 and 18, and any accrued payment obligations, survive termination.

14. Warranties

14.1 To the extent the law allows, and except for express commitments in a signed agreement, the Services and Academy content are provided "as is" and "as available". We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that all issues will be found or that suggested fixes will resolve them.

14.2 Nothing in these Terms excludes a warranty, remedy or consumer right that cannot lawfully be excluded.

15. Limitation of liability

15.1 Excluded losses. To the extent the law allows, neither party is liable under or in connection with these Terms for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill or data, however caused, even if advised of the possibility.

15.2 Cap. To the extent the law allows, each party's total liability under or in connection with these Terms, in contract, tort (including negligence) or otherwise, is limited to the greater of:

1. (a) the fees you paid to us for the Service giving rise to the claim in the 12 months before the event that caused the liability; and
2. (b) USD 100 (for Accessify Labs Inc.) or INR 10,000 (for Accessify Labs Private Limited).

For free Services, including the free extension and free Academy content, only limb (b) applies.

15.3 Exceptions. Sections 15.1 and 15.2 do not limit:

1. (a) your obligation to pay fees due
2. (b) liability for fraud or wilful misconduct
3. (c) your liability for breach of Sections 4.2 or 6, or for infringing our intellectual property
4. (d) any liability that cannot be limited by law, including for death or personal injury caused by negligence

15.4 Signed agreements. Liability provisions in a signed agreement override this section for the Services it covers.

15.5 Time limit. To the extent the law allows, a claim must be brought within one year after the claimant becomes aware, or should reasonably have become aware, of it.

16. Governing law and disputes

16.1 Talk to us first. Before starting formal proceedings, contact us at the notice address in Section 19 and allow 30 days to try to resolve the dispute in good faith. This does not stop either party from seeking urgent injunctive relief (an urgent court order).

16.2 If you contract with Accessify Labs Inc. These Terms are governed by the laws of the State of New Jersey and applicable US federal law, without regard to conflict-of-law rules. The state and federal courts located in New Jersey have exclusive jurisdiction, and both parties consent to their personal jurisdiction.

16.3 If you contract with Accessify Labs Private Limited. These Terms are governed by the laws of India. Any dispute not resolved under 16.1 will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996:

• by a sole arbitrator appointed by mutual agreement (or, failing agreement, as the Act provides)
• the seat and venue is New Delhi
• the language is English

Subject to this, the courts at New Delhi have exclusive jurisdiction.

16.4 Consumers. If you use the Services as a consumer, you keep any protection of the mandatory laws of the place where you live, and may bring proceedings in your local courts where those laws allow. Nothing in this section removes a right to complain to a consumer forum or data protection authority.

16.5 The UN Convention on Contracts for the International Sale of Goods does not apply.

17. Changes to these Terms

We may revise these Terms and will update the effective date. We will give at least 30 days' notice of material changes by email or in-product notice, and ask you to accept again where the law requires. Changes:

• do not apply retrospectively
• do not authorise a new use of Your Content
• do not amend a signed agreement, except through that agreement's own amendment process

18. General provisions

18.1 Assignment. You may not assign these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms, or any of our rights or obligations under them, to an affiliate or to a successor in a merger, reorganisation or sale of the relevant business, on notice to you.

18.2 Export controls and sanctions. You must comply with applicable export control and sanctions laws, including those of India and the United States. You confirm you are not a sanctioned person and will not use the Services in a sanctioned country or for a prohibited end use.

18.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not apply to payment obligations.

18.4 Notices. We may send notices to your account email or through the Services. You must send legal notices to legal@accessifylabs.com and to your contracting entity's address in Section 1.

18.5 Severability and waiver. If a provision is unenforceable, the rest still applies. Not enforcing a provision is not a waiver of it.

18.6 Entire agreement. These Terms, any Supplemental Terms and any signed agreement are the entire agreement on their subject matter. They replace prior understandings on it, without excluding rights that cannot lawfully be waived.

18.7 Language. These Terms are written in English. If we provide a translation, the English version prevails to the extent the law allows.

19. Contact