These Terms of Service (the “Terms”) constitute a legally binding agreement between you (the “Customer”, “you” or “your”) and “Flex Accesses” LLC (the “Company”, “we”, “our” or “us”). These Terms govern your access to and use of our website located at https://flexaccesses.com (the “Website”), the FlexAccesses accessibility widget (the “Widget”), accessibility audits, VPAT documentation, monitoring, reports, and any other related professional, technical or support services (collectively, the “Services”).
By accessing, registering for, installing, embedding or otherwise using the Services, you confirm that you have read, understood and agreed to these Terms, our Privacy Notice, and our Cookie Policy, each of which is incorporated into these Terms by reference. If you do not agree with any provision of these Terms, you must not access or use the Services.
If you enter into these Terms on behalf of a company, organization, agency or any other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, in which case the terms “you” and “your” shall refer to that legal entity.
1. Definitions
In addition to the terms defined elsewhere in these Terms, the following capitalized terms shall have the meanings set forth below:
“Customer Website” means a website, web application, mobile application or other digital domain owned, operated or controlled by the Customer, on which the Widget is installed or which is the subject of any other Service.
“End User” means any visitor, user or other person who accesses, views or interacts with the Customer Website.
“Subscription” means the recurring, paid right to use the Widget and related Services for a specified period of time (monthly or annually), as indicated in the Customer’s order or account.
“One-Time Services” means separately purchased, non-recurring professional services, including, without limitation, accessibility audits, VPAT (Voluntary Product Accessibility Template) documentation, manual remediation, expert reports, and Section 508/EAA/ADA compliance assessments.
“WCAG” means the Web Content Accessibility Guidelines published by the World Wide Web Consortium (W3C), as amended from time to time.
“Customer Content” means any data, text, code, file, image, media or other materials that the Customer or its End Users transmit, upload or otherwise make available through the Services.
2. Eligibility and Account Registration
To use the Services, you must be at least eighteen (18) years old and capable of entering into a binding agreement under the laws of your country of residence or registration. You must register an account by providing accurate, complete and current information, including your name, a valid email address, payment details and the URL of the Customer Website.
You are solely responsible for:
1. Maintaining the confidentiality of your account login credentials;
2. All activities occurring under your account; and
3. Promptly notifying us of any unauthorized access or security breach.
We shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
We reserve the right, at our discretion, to refuse registration, suspend accounts or terminate access to the Services if we reasonably believe that an account has been used in violation of these Terms or applicable law.
3. Description of Services
3.1. FlexAccesses Widget
The Widget is an automated accessibility tool which, once properly embedded by being added to the Customer Website, applies user-activated and automated settings intended to improve the accessibility of the Customer Website in line with WCAG 2.1 (and, where applicable, WCAG 2.2) Level AA conformance criteria. The settings include, without limitation, content scaling, color contrast modes, font adjustments, keyboard navigation enhancements, screen reader optimization, and user profiles for persons with disabilities.
3.2. Accessibility Audits
Upon the Customer’s request and payment of the applicable fees, the Company conducts an accessibility audit of the Customer Website, performed by trained accessibility specialists. The audit results in a written report identifying compliance findings against the agreed standard, usually WCAG 2.1 Level AA, ADA Title III, EAA/EN 301 549 or Section 508. Audits are point-in-time assessments and reflect the condition of the Customer Website as of the date of testing.
3.3. VPAT Documentation
The Company prepares Voluntary Product Accessibility Template (VPAT) documentation using the most current VPAT version then in effect (for example, VPAT 2.5 or its successor versions). VPAT documentation is provided as a professional assessment and not as a legal certification of compliance.
3.4. Monitoring and Reporting
Depending on the applicable Subscription plan, the Company provides ongoing scanning and reporting on the accessibility status of the Customer Website. Reports are made available through the Customer’s account dashboard or, at the Company’s discretion, by email.
4. No Guarantee of Legal Compliance
The Customer expressly acknowledges and agrees that:
Web accessibility is a complex and evolving field, and no automated or manual tool can guarantee absolute compliance with all accessibility laws, regulations or standards in all jurisdictions and at all times.
The Widget improves accessibility, but it cannot fully remediate every element of every website, especially non-HTML content such as PDF files, embedded third-party widgets, dynamically generated content not detected by our scanning systems, video and audio materials without text alternatives, or content controlled by third-party domains.
The Services do not constitute legal advice. The Company is not a law firm and does not provide legal opinions or assurances regarding compliance with any law or regulation.
The Customer is solely responsible for assessing, together with qualified legal counsel of its choice, whether the Services satisfy the Customer’s specific legal obligations.
5. Customer Obligations
As a condition of using the Services, the Customer agrees to:
Install the Widget in accordance with the technical instructions provided by the Company. The Customer is free to modify the Widget Client Runtime as Section 7.1 permits, but the Company’s support and service commitments are given in respect of the unmodified runtime it serves.
Maintain the Customer Website in a stable and accessible condition and notify the Company of significant changes that may materially affect the Services (for example, domain changes, platform migration or major design changes).
Use the Services solely for lawful purposes and in compliance with all applicable laws and regulations, including, without limitation, data protection, intellectual property, consumer protection and anti-spam laws.
Refrain from using the Services for any prohibited content, including content that is unlawful, defamatory, infringing, fraudulent, obscene, offensive, or that promotes violence or discrimination.
Disclose to End Users, in its own privacy policy and in clear and visible language, the processing of personal data that occurs as a result of the Widget’s operation and, where necessary, obtain valid consent.
Provide accurate payment information and pay all applicable fees on time.
6. Fees, Payment and Renewal
6.1. Subscription Fees
Subscription fees are charged on a monthly or annual recurring basis, depending on the selected plan.
6.2. Fees for One-Time Services
Fees for One-Time Services, such as audits, VPAT documentation and reports, are payable in accordance with the quotation or order accepted by the Customer. Such fees are non-refundable once the work has commenced, except as expressly provided in these Terms or as required by applicable law.
6.3. Automatic Renewal
Subscriptions automatically renew at the end of each Subscription term for an additional term of the same duration at the then-current rate, unless the Customer cancels the subscription at least seven (7) days before the end of the current term. The Customer may cancel automatic renewal at any time through its account or by contacting [email protected].
7. Intellectual Property Rights
All rights, title and interests in and to the Services, the Widget, the underlying source code, algorithms, artificial intelligence and machine learning models, scanning technology, audit methodology, documents, templates, trademarks, service marks, logos and any related intellectual property (collectively, the “Company IP”) are and shall remain the exclusive property of the Company. Except for the limited license expressly granted under these Terms, no other rights are granted to the Customer. The Company IP does not include the Widget Client Runtime, which is separately and irrevocably licensed to everyone under Section 7.1 below.
Subject to the Customer’s continuing compliance with these Terms and timely payment of all applicable fees, the Company grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install the Widget on the Customer Website(s) specifically identified in the Customer’s account and to use the Services solely for the Customer’s internal business purposes during the applicable Subscription term.
Subject always to Section 7.1, the Customer shall not, and shall not permit any third party to:
1. Copy, modify, reproduce, adapt, translate or create derivative works of the Services or the Company IP;
2. Reverse engineer, decompile or otherwise attempt to discover the source code or underlying algorithms of the Services;
3. Sell, lease, sublicense, distribute or otherwise transfer the Services to any third party;
4. Remove, modify or obscure any proprietary rights notice contained in the Services; or
5. Use the Company’s trademarks, logos or brand elements without prior written consent.
7.1. Widget Client Runtime — Free Software (GPL)
The client-side runtime the Company serves to the Customer Website — the loader published at https://flexaccesses.com/accessibility-widget.js, the runtime it loads, and their source published at https://flexaccesses.com/accessibility-widget/source/ (together, the “Widget Client Runtime”) — is licensed to all recipients under the GNU General Public License, version 2 or, at the recipient’s option, any later version.
Nothing in these Terms restricts, conditions or adds any requirement to the rights that licence grants, including the rights to run, study, copy, modify and redistribute the Widget Client Runtime. To the extent any provision of these Terms conflicts with the GNU General Public License in respect of the Widget Client Runtime, that licence prevails and the conflicting provision does not apply to it. These rights do not depend on holding a Subscription and are not revoked when a Subscription ends.
This Section 7.1 applies to that runtime only. It grants no rights in (a) the Company’s trademarks, service marks, logos and brand elements, in which the GNU General Public License grants no rights; or (b) the hosted FlexAccesses service the runtime obtains its configuration from, including the Company’s APIs, accounts, dashboards, scanning technology, audit methodology, VPAT documentation and reports, which remain Company IP and are provided only under a Subscription. A Subscription is what is paid for; the code is not.
7.2. Customer Feedback
Any opinion, suggestion, idea, improvement request or recommendation submitted by the Customer regarding the Services (collectively, “Feedback”) may be freely used by the Company without any obligation of compensation, attribution or confidentiality. The Customer irrevocably assigns to the Company all rights, title and interests in and to such Feedback.
8. Customer Data and Privacy
The processing of personal data in connection with the Services is governed by the Privacy Notice.
The Customer represents and warrants that it has all necessary rights, consents and legal bases under applicable data protection legislation.
9. Third-Party Services and Integrations
The Services may include integrations with or links to third-party websites, plugins, content management systems (such as WordPress, Shopify, Wix, Webflow and similar platforms), payment systems or analytics providers (collectively, “Third-Party Services”). The Company does not control and is not responsible for the content, privacy practices or security of any Third-Party Service. The Customer’s use of Third-Party Services is governed by the terms and policies of the relevant third party.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR (D) USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR LEGAL OUTCOME, INCLUDING PROTECTION FROM LEGAL PROCEEDINGS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES OR DAMAGE TO BUSINESS REPUTATION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY THE CUSTOMER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FORTY THOUSAND ARMENIAN DRAMS (AMD 40,000) OR ONE HUNDRED UNITED STATES DOLLARS (USD 100).
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud, gross negligence or willful misconduct.
12. Indemnification
The Customer agrees to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents and licensors from and against any claims, losses, liabilities, damages and expenses (including reasonable attorneys’ fees) arising out of or relating to:
1. The Customer’s breach of these Terms;
2. The Customer’s use or misuse of the Services;
3. Customer Content;
4. The Customer Website or its operation;
5. The Customer’s violation of applicable law or third-party rights; or
6. Any claim brought by an End User or other third party arising from the Customer Website.
13. Term, Suspension and Termination
These Terms become effective upon your first use of the Services and remain in effect until terminated in accordance with this Section.
The Customer may terminate its Subscription at any time through its account or by sending written notice to [email protected], which shall take effect at the end of the current billing cycle. Termination does not entitle the Customer to a refund of amounts already paid.
The Company may suspend or terminate the Customer’s use of the Services immediately upon written notice if:
1. The Customer materially breaches these Terms and fails to cure such breach within seven (7) days after receipt of notice, if the breach is capable of cure;
2. The Company is required to do so by law or court order;
3. The Customer becomes insolvent or becomes subject to bankruptcy proceedings; or
4. The Company reasonably believes that continued provision of the Services creates a security, legal or reputational risk.
Upon termination:
The Customer’s right to use the Services shall immediately cease;
The Customer must remove from the Customer Website the embed snippet that connects it to the Services, and cease using the Company’s trademarks, logos and brand elements; the rights granted by Section 7.1 in the Widget Client Runtime itself survive termination, as that licence provides;
The Company may delete Customer Content and account data, subject to the data retention requirements set out in the Privacy Notice; and
All provisions of these Terms which by their nature should survive termination (including, without limitation, Sections 7, 8, 10, 11, 12, 14 and 15) shall survive termination.
14. General Provisions
14.1. Changes
The Company may amend these Terms at any time by posting the updated version on the Website. Material changes will be notified by email or by a visible notice on the Website at least five (5) days before they take effect. Continued use of the Services after the effective date of the changes constitutes acceptance of the amended Terms.
14.2. Entire Agreement
These Terms, together with the Privacy Notice and the Cookie Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, communications and proposals.
14.3. Assignment
The Customer may not assign or transfer these Terms, in whole or in part, without the Company’s prior written consent. The Company may freely assign these Terms, including in connection with a merger, acquisition, reorganization or sale of a substantial portion of its assets.
14.4. Severability
If any provision of these Terms is held by a competent court to be invalid, unlawful or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
15.5. No Waiver
The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.6. Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (except for payment obligations) where such failure or delay is caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, actions of governmental authorities, internet or telecommunications failures, or cyberattacks.
14.7. Notices
Notices to the Company must be sent to [email protected]. Notices to the Customer will be sent to the email address associated with the Customer’s account.
14.8. Contact Information
If you have any questions regarding these Terms, please contact us at [email protected].
“Flex Accesses” LLC
See also: Privacy Policy · Cookie Policy · Accessibility Statement