Terms of Service - Siteimprove Accessibility Checker

Effective: April 15, 2021

  1. Acceptance of these Terms of Service: These Terms of Service (“Terms”) are entered between you (“You”) and Siteimprove A/S and its affiliates (collectively, “Siteimprove”). Your installation of the Siteimprove Accessibility Checker (“SAC”) is governed by a legal agreement between You and Siteimprove consisting solely of these Terms. You may not install or use the SAC if You do not accept these Terms. We may revise and update these Terms from time to time in our sole discretion. When these changes are made, Siteimprove will make a new copy of the Terms available at this location: https://siteimprove.com/en/legal/. Siteimprove will also post a notification on the SAC page in the Google Web Store, informing of the changes. The changes will become effective and will be deemed accepted by You: (a) immediately for those who install the SAC after the notification is posted; or (b) for pre-existing users, 7 days after the posting of the notification if You continue to use the SAC.
  2. Ownership and License of the SAC: Siteimprove owns and shall remain the sole owner of all intellectual property rights vested in the SAC. This ownership right includes any inventions, patents, utility model rights, copyrights, design rights, mask works, trademark rights, or know-how, whether registered or not. The right to use the SAC is worldwide, non-transferable, non-assignable and solely for Your internal business purposes on websites that You own or are expressly authorized to administer. You have no right to rent, lease, assign, transfer, sublicense, display or otherwise distribute or make the SAC available to any third party. The SAC may not be: (a) modified, incorporated into or combined with other software, or created as a derivative work; (b) used to process any confidential information; (c) relied upon or cited as any certification of adherence to any professional standard or governmental regulatory requirements; or (d) used for any illegal purpose. You may not modify, disassemble, decompile, or otherwise reverse engineer the SAC.
  3. Siteimprove Trademarks: The Siteimprove name, logo, and service names, designs and slogans are trademarks of Siteimprove. You may not use such marks without the prior written permission of Siteimprove.
  4. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SAC IS AT YOUR SOLE RISK AND THAT THE SAC IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO ITS COMPLETENESS, CONFIDENTIALITY, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY USE OF THE SAC. SITEIMPROVE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SITEIMPROVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE USE OF THE INCLUDED SERVICES FOR THE PURPOSE OF ENSURING CUSTOMER’S COMPLIANCE WITH ANY LAWS OR REGULATIONS.
  5. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITEIMPROVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF DATA/CONTENT OR THE RESTORATION OF ANY OF THOSE ITEMS, WHETHER OR NOT SITEIMPROVE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
  6. Indemnification: You agree to defend, indemnify, and hold harmless Siteimprove, its affiliates, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees, expenses, and costs) arising out of or relating to Your violation of these Terms or Your use of the SAC.
  7. Data Privacy:
    a. GDPR. With respect to obligations to data subjects under the General Data Protection Regulation (EU) 2016/679 (“GDPR”), where applicable, You are a “data controller” and Siteimprove is a “data processor” (as such terms are defined in the GDPR). The SAC is designed and developed to collect and process Your website content and certain operational data in relation thereto. Any personal data processed by Siteimprove through Your use of the SAC is processed according to Your instructions and on Your behalf.
    b. CCPA. As between the parties, with respect to obligations to consumers under the California Consumer Privacy Act (“CCPA”), where applicable, You are a “business” and Siteimprove is a “service provider” (as such terms are defined in the CCPA) and each party will be responsible for its respective obligations under the CCPA, as applicable to the Agreement. The SAC is designed and developed to collect and process Your website content and certain operational data in relation thereto. Any personal data processed by Siteimprove through Your use of the SAC is processed according to Your instructions and on Your behalf.
    c. Privacy Policy. Additional Details of Siteimprove’s privacy policy and data collected from the SAC can be found at this location: https://siteimprove.com/en/legal/.
  8. Termination: These Terms will continue to apply for as long as You have the SAC installed. If You want to terminate these Terms, You must uninstall the SAC and cease Your use of the SAC. Siteimprove may terminate these Terms at any time if: (a) You have breached any term in these Terms; or (b) Siteimprove, in its sole discretion, chooses to no longer provide the SAC.
  9. General Terms: These Terms are binding upon and will inure to the benefit of the parties, their legal representatives, successors, and assigns. Except as otherwise expressly provided in these Terms, neither party may assign, transfer, convey or encumber these Terms or any rights granted in it, either voluntarily or by operation of law, without the prior written consent of the other party. Any attempt to do so is null and void. Notwithstanding the foregoing, Siteimprove shall have the right to assign these Terms to an affiliate or to a successor entity in the event of a merger, consolidation, transfer, sale, stock purchase, or public offering. All notices to Siteimprove should be sent to: legal@siteimprove.com. To the extent the parties are permitted under these Terms to initiate litigation in a court, these Terms will be governed by and construed in accordance with the laws of the Kingdom of Denmark, except for its conflicts of law rules and principles, and the courts of Denmark will have exclusive jurisdiction. The delay or failure of either party to exercise any right, power, or privilege under these Terms is not to be treated as a waiver of that right, power, or privilege. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective to the extent of that prohibition or unenforceability in that jurisdiction. The validity, enforceability, or legality of the remaining provisions will not be affected. These Terms constitute and express the entire agreement and understanding between You and Siteimprove with regard to the SAC. These Terms supersede any prior communications, understanding, commitments, or agreements, oral or written, with respect to the subject matter of the SAC. You are not relying on any representations or warranties other than those expressly listed in these Terms. The following obligations will survive any expiration of these Terms: 2, 3, 4, 5, 6, and 9.