Welcome to our Privacy Policy
— Your privacy is critically important to us.

It is AccessibilitySpark’s policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to https://accessibilityspark.com/ (hereinafter, “us”, “we”, or “https://accessibilityspark.com/”). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.

– Website Visitors

Like most website operators, AccessibilitySpark collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. AccessibilitySpark ’s purpose in collecting non-personally identifying information is to better understand how AccessibilitySpark’s visitors use its website. From time to time, AccessibilitySpark may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
AccessibilitySpark also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://accessibilityspark.com/ blog posts. AccessibilitySpark only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

– Gathering of Personally-Identifying Information

Certain visitors to AccessibilitySpark ’s websites choose to interact with AccessibilitySpark in ways that require AccessibilitySpark to gather personally-identifying information. The amount and type of information that AccessibilitySpark gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://accessibilityspark.com/ to provide a username and email address.

– Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

– Advertisements

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by AccessibilitySpark and does not cover the use of cookies by any advertisers.

– Links To External Sites

Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

– Aggregated Statistics

AccessibilitySpark may collect statistics about the behavior of visitors to its website. AccessibilitySpark may display this information publicly or provide it to others. However, AccessibilitySpark does not disclose your personally-identifying information.

– Cookies

To enrich and perfect your online experience, AccessibilitySpark uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. AccessibilitySpark uses cookies to help AccessibilitySpark identify and track visitors, their usage of https://accessibilityspark.com/, and their website access preferences. AccessibilitySpark visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using AccessibilitySpark’s websites, with the drawback that certain features of AccessibilitySpark’s websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to AccessibilitySpark’s use of cookies.

– E-commerce

Those who engage in transactions with AccessibilitySpark– by purchasing AccessibilitySpark’s services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, AccessibilitySpark collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with AccessibilitySpark. AccessibilitySpark does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Term of services (TOS)

These Terms of Service (“Terms”) are a legally binding agreement between you and Trident AB, and its affiliates (“Company,”“our,” “we,” or “us”) that govern your access to and use of Trident AB’s automated web accessibility solution (“Accessibility Spark”), the Accessibility Spark website available at www.accessibilityspark.com ( the “Website”) and any other software, features, products, content, services, and any third-party software, services, tools, solutions or providers implemented by or through us that we may provide to you at any time (collectively and altogether, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

By entering into these Terms, and/or by accessing or using the Services, you consent to our access, collection, use, and disclosure of your personal information as set forth in our Privacy Policy (“Privacy Policy”) which is incorporated herein by reference.

If you do not agree to be bound by the provisions of these Terms or if you do not have the legal authority to accept them on behalf of the entity you represent, you may not use or access the Services.

These Terms apply to all users of the Services, as follows (each of which shall be referred to as the “user” or “you”): 

  • “Customer:” any individual or entity that uses or purchases a license to use Accessibility Spark, or accesses or uses any of the services.
  • “End User:” any individual that accesses and uses the Website or uses one of the products offered on a Customer Website (as defined below).

If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the term “you” will refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services. By clicking a box indicating your acceptance of these Terms, you agree you have read and are bound by these Terms. 

The Services are intended for use by individuals who are of the legal age required to form legally binding contracts under applicable law, and in no event are under the age of 18. These Terms are void where prohibited by law and the right to access and use the Services is not granted in such jurisdictions. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not access or use any of the Services.  In no circumstances are the Services available to any person or entity who has had their User Account (as defined below) temporarily or permanently deactivated, or any person or entity that seeks to use the Services in violation of these Terms.

Services

  1. The purpose of the Services is to provide you with information and software solutions that will assist you in making your websites accessible in accordance with the Web Content Accessibility Guidelines version 2.1 (the “WCAG”) at the AA level success criteria and with the Americans with Disabilities Act (the “ADA” and together with the WCAG, “Standard”).
  2. Accessibility Spark is provided on a “Software as a Service” (“SaaS”) basis and as such you need to purchase a license to use it.
  3. Accessibility Spark is comprised of two components, one of which is an interface that addresses UI and design-related adjustments on the Customer Website, and the second of which is the AI-powered background process that addresses the more complex requirements of the Standard – optimization for screen readers and for keyboard navigation of the website for which Customer purchase a license to use Accessibility Spark (“Customer Website”).
  4. You acknowledge that the following items are not supported by Accessibility Spark: (i) URL parameters, which are not treated as pages, files, and/or images, and therefore, if you have URLs that can only be accessed using URL parameters, you acknowledge and agree that Accessibility Spark will not process them (i.e., they shall not be made accessible); (ii) documents, PPT, EXCEL, WORD, PDF, audio, video, SVG, Parallax animations, embedded content; and (iii) Canvas, Flash. 
  5. If you use Accessibility Spark and wish to receive general information and guidance about what you can do to defend against a third-party claim relating to the levels of accessibility of your Customer Website, then you need to contact us and we will provide you with such general information, which is in no way to be construed as legal services. If you choose to request such general information, a dedicated support email thread will be used to handle your request, communicate with you, and provide you with the general information. You acknowledge and agree that if you send us any emails, not as part of the dedicated support email thread, these emails may be overlooked and/or may not be addressed. It is your responsibility to ensure that any communication with us with respect to third-party claims and general information is made only via the dedicated support email thread. You agree that if you choose to request information then it will be deemed part of the Services and be subject to all terms and conditions of these Terms. You acknowledge and agree that any information provided is purely informational, and that you and only and you must consult with your legal representative with regard to any third-party claim, and must do so in a timely manner, without any reliance on the general information we provide, which we are under no obligation to provide in a complete or timely manner. 
  6. Customer acknowledges that the installation of Accessibility Spark in its Customer Website does not and cannot guarantee that Customer shall not receive letters or other notifications regarding non-compliance of its Customer Website with the Standard. The Company has no control over the actions or activities of third parties who may send Customers such notifications. 
  7. Company may, at any time and at its sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, “Updates”). You agree that Company has no obligation to provide Updates or to continue to provide or enable any particular features or functionality.  You agree that all Updates will be deemed part of the Services, and will be subject to all provisions of these Terms. The Services’ availability and functionality depend on multiple factors. We do not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that they will be immune from unauthorized access or error-free. We reserve the right in our sole discretion to modify, correct, amend, enhance, improve, remove, or otherwise make any other changes to the Services (or any part or feature thereof) without notice, at any time..  The Services and their operation and certain features available therein may also be dependent on the network you use, and the content formats supported. You will have the right to terminate these Terms if we make any material changes to the Services that you do not agree with, however, in so terminating, you will no longer be permitted to access or utilize the Services in any manner.
  8. Accessibility Spark is in no way legal services. You acknowledge that the Company does not provide legal advice or services; rather the Company is a technological service provider that enables websites using Accessibility Spark to be accessible for users with disabilities from a technical perspective. You agree to contact your attorney to obtain advice on your Customer Website(s) compliance with applicable law, rules, and regulations, including the Standard. You are solely responsible for all actions taken or not taken by you in connection with the Standard and all liability with respect thereof is hereby expressly disclaimed by us. 

Acceptable Use

You, on behalf or yourself and any individuals or entitities whom your represent, manage, control or are legally responsible for the activities of under these Terms, including but not limited to your employees and contractors,(or anyone on your behalf) will not: (i) impersonate another person or entity, defame, abuse, harass, threaten, or otherwise violate the legal rights of others, including privacy and intellectual property rights; (ii) remove, disable, circumvent, or otherwise create or implement any workaround to any intellectual property rights, rights management, or security features in or protecting the Services or any part thereof; (iii) make Accessibility Spark’s Services available on a network where they may be accessed by any third party; (iv) use the Services on or in connection with any website which is itself or promotes other sites to be obscene, excessively profane, racist, sexist, ethnically or gender offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading or deceptive; (v) change, edit, add to, copy or extract any content from, or produce summaries of, the Services or any part thereof other than as expressly provided herein; (vi) attempt to interfere with or disrupt the Services, or attempt to gain access to any systems or networks that connect thereto; (vii) use the Services in any unlawful manner, for any unlawful purpose, or in any manner contrary to or inconsistent with these Terms or applicable law; (viii) use Accessibility Spark in any manner that may damage, disable, overburden or impair it in any manner;  (ix) create or attempt to create a substitute or similar service or product through your use of the Services; or (x) use Accessibility Spark for the delivery to a third party pre-litigation,”cease and desist,” or similar communications (such right, if applicable, being solely and exclusively the right of the Company). We reserve the right to investigate and take any appropriate action against anyone who, in our sole discretion, violates the foregoing including, terminating or suspending your User Account or access to the Services without prior notice, and/or reporting such activities to the authorities.

Intellectual Property; License

  1. The Services, including any and all technology and software underlying the Services or distributed in connection therewith (collectively the “Software”) and any Company content, information, graphics files, media and audio files, materials, including designs and graphics (collectively the “Content”) including the Company databases, systems and applications, and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property rights related thereto (collectively, “Company IP”) are the property of Company, its affiliates and its licensors, and Company, its affiliates, and licensors retain all right, title, and interest in and to the Company IP. Any use of the Company IP other than as specifically authorized herein is prohibited. All use of the Company IP shall inure to the benefit of the Company, its affiliates, and licensors. All rights in the Company IP that are not expressly granted herein are reserved by Company, its affiliates, and licensors.  Except as expressly authorized by Company, you agree not to: (i) use, modify, copy, frame, mirror, adapt, scrape, or create derivative works based on the Company IP, in whole or in part; (ii) rent, lease, loan, sell, distribute, assign, sublicense, or otherwise transfer any right in the Company IP; (iii) disassemble, decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source code; or (iv) otherwise transfer any right associated with the Company IP.
  2. The Company name, logos and any associated branding are trademarks and service marks of the Company (collectively, the “Company Marks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Marks, without our prior written permission in each instance. You acknowledge that we are the owner of the Company Marks, including all goodwill associated therewith, and that your use of the Company Marks will confer no additional interest in or ownership of the Company Marks in you. You agree that you will not in any way modify, alter or tamper with any proprietary marks, copyright notices, or other notices, or the Company Marks, that may be provided and/or displayed through the Services.  All other Company, product, and service names, logos and branding used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse, be affiliated with, or connected to Company. In any event, you acknowledge that you have no right to such content, whether being Company Marks or the property of a third party. 
  3. Subject to the provisions of these Terms, Company hereby grants you a limited, revocable, non-exclusive, non-sublicensable,non-transferable, and non-assignable (unless agreed otherwise with us, in writing) license, during the term hereof (“License”), to access and use the Services in each case strictly in accordance with these Terms and solely for your legitimate business use. You may not make any commercial use of the Services without our prior written consent. You may only use the Services as permitted by these Terms. The limited License granted to you hereunder may be terminated immediately, without notice, if you breach the provisions of these Terms in our sole discretion. The Services are licensed under a limited License, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than the License to use the Services in accordance with these Terms. You acknowledge and agree that: (i) each Customer Website requires the use of a separate License and as such you may not use the same License on more than one Customer Website; and (ii) you may not transfer a License used on a certain Customer Website to another website, whether owned by you or owned by a third party, without our express written consent. Your User Account must accurately and completely reflect any and all Customer Websites on which you use the License(s). The Company may suspend your access to Accessibility Spark if you breach the provisions of this Section.
  4. Subject to the provisions of these Terms, Customer hereby grants to Company a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free, fully paid, license during the term hereof to: (i) access and use the Customer Website solely as required to provide Customer with Accessibility Spark; and (ii) translate, adapt and display the content of the Customer Website such that it will be available to Customer’s end users. All rights that are not expressly granted to us herein are reserved by the Customer. Company may not make any use of the Customer Website, in whole or in part, not expressly permitted hereunder. Unless Customer notifies Company otherwise in writing, Customer hereby grants to Company the limited, non-exclusive, royalty-free and fully-paid up, non-transferable (except as set forth herein) right and license to, refer to Customer as one of Company’s customers and use its name, logo and/or branding as part of such reference (including on the Website), provided that Company complies with any trademark usage requirements notified to it by Customer.

Your Content and Data

  1. While using the Services, you may submit and share content and information with us, including feedback, data, comments, improvements, suggestions, questions, ideas, or other materials (collectively “Your Content”). You are solely responsible for Your Content. You represent and warrant that you own all intellectual property rights in and to Your Content, including all intellectual property rights and rights of publicity contained therein or thereto. You hereby grant Company an irrevocable, worldwide, perpetual, unrestricted, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, and display Your Content in any manner we deem desirable or necessary, including for commercial purposes or otherwise, at our sole discretion and without acknowledgment or compensation to you, but in each case, we will not share or publish your personal information without your express prior written consent. You assume all risks associated with Your Content and its publication and have sole responsibility for the accuracy, quality, legality, and appropriateness of Your Content.
  2. You understand that when you access or use the Services or any part thereof, we may access, collect, and share certain Personal Information (as defined in the Privacy Policy) from, and/or about you as described in the Privacy Policy (“Your Data”). To better understand our practices with respect to Your Data, please review the Privacy Policy, which is incorporated herein by reference.

Copyright Infringement – Reviewed

If you believe that content on the Website violates your copyright, please contact us, with the subject line “Copyright Notification” by email to [email protected] and include, at a minimum, the following information: the content you claim has been infringed, where it is located and your contact information (full name, email address). Upon receipt of your notice, we will take whatever action or no action, that we deem appropriate in our sole discretion, including removal of such content from the Website.

Technical Information

  1. Accessibility Spark is compatible with the following operating systems and browsers: Chrome, Firefox, Safari, Microsoft Edge, Android, and iOS. In order for Accessibility Spark to function as intended, the Customer Website is required to be a website based on HTML files and tags (flash, OpenGL XML, and other non-HTML-based applications are not supported).
  2. In the event that Customer notifies Company, in writing, of any error or deviation from the Standard with respect to Accessibility Spark as provided hereunder, the Company will assist Customer in addressing such issues in so much as they are derived from Accessibility Spark to restore the Customer Website’s compliance with the Standard. The Customer acknowledges that to resolve any issues in a timely manner, Company will require the Customer to provide a sufficiently detailed description of the issue(s).
  3. The Company provides technical support services to Customers, during normal business hours via e-mail. These technical support services include assistance in operating the Accessibility Spark, solutions to errors and bugs in the Accessibility Spark as implemented in the Customer Website, as well as operational and financial matters. Customer agrees to provide Company’s support team with all applicable required information and assistance that is required in order to address any technical issues that may have reportedly occurred. 
  4. The Company shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services in accordance with reasonable industry standards and practices.
  5. Customer acknowledges and agrees that: (i) as a security measure, in the event Customer requires deciphering of more than 10,000 images and/or links per Customer Website, Accessibility Spark may block such exceeding decipher requests; and (ii) Company may contact Customer requesting that Customer decipher all images/links on Customer Website. Customer should contact Company directly should no contact be made. Company shall use reasonable commercial efforts to instruct Customer on how to decipher such images/links. In the event Customer is unable or unwilling to implement Company’s instructions, it may notify Company, in writing, that it wishes to terminate its engagement with Company hereunder, in which case Company will refund Customer, as applicable, for any period of time paid for which occurs after termination.
  6. Customer acknowledges that the installation of Accessibility Spark must be made directly within the BODY HTML tag of the Customer Website and that the installation code must appear on the browser’s “view source-code” feature. The installation of Accessibility Spark may be executed by the use of: (i) a plugin; (ii) the installation code directly;(iii) a third-party script manager; or (iv) any other means, as long as such means meet the foregoing requirements. The Customer acknowledges that any installation of Accessibility Spark, which is not in accordance with the foregoing, may result in certain parts of Accessibility Spark not functioning as intended. Company shall have no liability to Customer for functional deficiencies which are caused by or attributable to actions or inactions of the Customer. 
  7. The Customer acknowledges that:
    1. Geo-Blocking could prevent the Accessibility Spark from performing as intended on the Customer’s Website. The term “Geo-Blocking” as used herein means that Customer Website is: (i) unreachable from certain locations; or (ii) redirecting to a different website based on the user’s location; and
    2. Accessibility Spark is based on AI and as any with other AI software, in order to correct a certain functionality, it needs to encounter it repeatedly on different occasions. Therefore if the Customer Website includes a functionality that is unique or uncommon, Accessibility Spark may not be able to remedy it.
  8. Prior to using Accessibility Spark, the Customer has undertaken appropriate diligence, and verifies that: (i) Accessibility Spark is compatible with its needs; (ii) Customer Website is properly maintained, including its content management system; (iii) there are no JavaScript errors, HTML validation errors or invalid tags and/or other various errors that may be caused by the programming language that runs in Customer Website’s web browser; and (iv) the integrity of Customer Website’s connectivity, and the server on which it is stored to the internet network and to Customer’s infrastructure (telephone, computer and so forth), is in sufficient working order.
  9. Accessibility Spark shall provide Customer tools and documentation to ensure that the Customer is integrating Accessibility Spark sufficiently. Customer agrees to only integrate Accessibility Spark on its Customer Website in accordance with such tools and documentation.  Customer acknowledges and agrees that following the integration of Accessibility Spark onto its Customer Website, it is Customers’ responsibility to: (i) test and verify the functionality of Accessibility Spark on its Customer Website; and (ii) ensure that the integration is in accordance with Accessibility Spark and documentation. If the Customer encounters issues with the implementation or with any content on its Customer Website, it must contact Company via [email protected] and describe such issues and/or problems, and we will assist the Customer in resolving the issues or problems to the extent possible or practicable.   
  10. Customer undertakes to integrate Accessibility Spark in a staging or testing website before integrating it on its Customer Website, and, only after verifying that there are no errors or damage caused to such website, to integrate Accessibility Spark into its live or main Customer Website. We respect any manual accessibility work you have conducted on the Customer Website prior to using Accessibility Spark, or any manual accessibility work you wish to conduct (or continue to conduct) after you start using Accessibility Spark and therefore, the Customer acknowledges and agrees that Accessibility Spark will not override any manual accessibility work conducted by Customer or anyone on its behalf on the Customer Website. Any such manual accessibility adjustments will not be corrected or adjusted by Accessibility Spark, even if they are incorrect. Customer agrees to notify us, in writing, if it wishes Accessibility Spark to override any previous manual accessibility adjustments made on its Customer Website.

Your Responsibilities

  1. You represent and warrant that you will comply with and adhere to the provisions set forth in these Terms and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to your use of the Services, including privacy and consumer laws.
  2. You represent and warrant that you: (i) own or have all the necessary licenses, rights, consents, and permissions to the Customer Website(s) and any content displayed on it; and (ii) are responsible for the Customer Website(s) including its availability, maintenance, any content available therein and its systems and infrastructure.
  3. You acknowledge and agree that inappropriate language or inappropriate conduct to our employees and support staff may result in reduced or refused support from the Company.
  4. You acknowledge and agree that Accessibility Spark reports may not accurately reflect the Customer Website’s accessibility features and that it is your responsibility to verify the features that you have on the Customer Website.
  5. You agree: (i) to immediately notify Company of any actual, suspected, or potential security breach or improper use of the Services; and (ii) not to engage in any activity or in any manner that is inconsistent with your obligations under these Terms.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS, SUCCESSOR AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PARTIES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, NEEDS OR PREFERENCES; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE, UNINTERRUPTED, TIMELY, OR SECURE; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE ERROR-FREE; THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE.

WE DO NOT GUARANTEE THAT:

(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; 
(III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS
(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS; OR
(V) THERE WILL BE NO BREACH OF SECURITY LEADING TO ACCIDENTAL OR UNLAWFUL DESTRUCTION, LOSS, ALTERATION, UNAUTHORIZED DISCLOSURE OF, OR ACCESS TO, ANY DATA TRANSMITTED, STORED OR OTHERWISE PROCESSED THROUGH OUR SERVICES. 

YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.

ACCESSIBILITY SPARK IS NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE, LOSS OF PROFITS, BUSINESS, CONTRACTS, REVENUES, GOODWILL, PRODUCTIONS AND ANTICIPATING SAVINGS; OR ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS OF ANY KIND AS A RESULT OF: ANY FAULTS, OMISSIONS, TECHNICAL PROBLEMS OR MALFUNCTIONS ATTRIBUTED TO THE PLATFORMS USED FOR THE PROVISION OF THE SERVICES, INTERNET SERVICE PROVIDERS OR DELAYS IN THE TRANSMISSION OR STORAGE OF ANY DATA PROVIDED TO ACCESSIBILITY SPARK; ANY DELAY AND/OR FAILURE ON BEHALF OF ACCESSIBILITY SPARK TO PROVIDE ITS SERVICES DUE TO: FORCE MAJEURE CASES, WHICH INCLUDE GOVERNMENTAL BANNING OF THE AGREED SERVICES,TERMINATION OF THIS AGREEMENT, OR FOR ANY NEGLIGENCE ON OUR SIDE.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT DISRUPTIONS, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM GLITCHES OR UNAUTHORIZED ACCESS. YOU WILL NOT RECEIVE ANY COMPENSATION OR REFUND IN THE EVENT OF ANY SUCH INTERRUPTION.

WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO MODIFY FUNCTIONALITIES OF OUR SERVICES WITH OR WITHOUT PRIOR WRITTEN NOTICE SENT TO YOU IN ADVANCE. THIS DOES NOT ENTITLE YOU TO ANY REFUND. HOWEVER, IF YOU NO LONGER WANT TO USE OUR SERVICES AS A RESULT OF THESE CHANGES, YOU CAN TERMINATE YOUR ACCOUNT AND DELETE OUR SERVICES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THESE TERMS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.  IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY DURING THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, IF AT ALL, OR, FIFTY DOLLARS ($50), WHICHEVER AMOUNT IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all losses, damages, expenses, rights, claims, actions of any kind, including claims of death, injury, or property destruction, including reasonable attorneys’ fees (collectively, “Claims”), arising out of or relating to: (i) your use of the Services; (ii) Customer Website(s) (iii) your obligations hereunder; or (iv) your violation of these Terms, applicable law, rules or regulations or any rights of another. You or the Company will provide notice to each other of any such Claims, whichever is first informed, and in no way affecting your obligation of indemnification as set forth herein.. Company reserves the right to assume the exclusive defense and control of any Claim, and you agree to cooperate with any reasonable requests assisting Company with the defense thereof. You may not settle or compromise any Claim without Company’s prior written consent.

Electronic Communications

You agree that: (i) we may provide you with communications about the Services, including your User Account, in an electronic form via the email address you have submitted or via your User Account; and (ii) these Terms, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that these communications be delivered in written form. This section does not affect your non-waivable rights. Please note that you will not be able to opt-out of receiving messages related to such rights. 

Term; Termination

  1. These Terms shall be in force and effect unless terminated in accordance herewith.
  2. We may terminate these Terms and the License, at any time, for any reason, without written notice. If we terminate these Terms and the License.
  3. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, without written notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. 
  4. The Customer may terminate your account with Accessibility Spark together with your access to our Services at any time by deleting the application from your Shopify list of apps. The termination will delete any data collected or settings the Customer or your End Users may have applied. This data and settings will not be stored after termination.
  5. We may, at any time and without prior notice, suspend your access to the Services or any part thereof, if we believe, at our sole discretion, that you or any third party: (i) are using the Services in a manner that may impose a security risk, may cause harm to us or any third party, and/or may give rise to any liability for us or any third party; or (ii) have breached the provisions of these Terms or applicable law. The foregoing suspension rights are in addition to any other remedies that may be available to us in accordance with these Terms and/or applicable law.
  6. Upon the termination of these Terms: (i) all rights and licenses granted hereunder shall terminate immediately and you shall cease all use of the Services; and (ii) to the extent applicable, you shall remove Accessibility Spark from your Customer Websites.
  7. Company acknowledges that Accessibility Spark does not provide any data back-up services, including any content or any other data that you or third parties upload, post or use.
  8. Termination of these Terms will not relieve you from your obligation to pay any fees that are due or entitle you to any refund. All the provisions of these Terms that by their nature need to survive termination of these Terms and any accrued rights related to payments shall survive such termination. The termination of these Terms, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall you be relieved of your obligation to pay any fees that are due and owing to Company under these Terms unless otherwise stated herein. Neither party shall be liable to the other for any damages resulting solely from termination of these Terms as permitted herein. 
  9. The Company will not be liable to the Customer for the effect that any termination of the Services may have on the Customer, including your income or your ability to generate revenue.

     

     

Force Majeure; Unforeseen Circumstances

Accessibility Spark shall not be responsible for any failure to perform its obligations under the Terms if such failure is caused by force majeure or unforeseen circumstances including but not limited to cyberattacks, war, strikes, riots, revolutions, embargoes, laws or governmental regulations, epidemics or pandemics, or other causes or events that are beyond our reasonable control.

In any such  force majeure event/unforeseen circumstances, our obligations shall be suspended until termination of the event referred above. If such force majeure event/unforeseen circumstance lasts for more than 30 (thirty) calendar days, we may terminate these Terms at any time. A case of force majeure or unforeseen circumstance shall be notified as applicable within seven (7) days of awareness of its occurrence.

Modifications

We reserve the right, at our discretion, to update, change, modify, add, or remove all of or portions of these Terms at any time. All non-material changes are effective immediately when we post them on or through the Services, and apply to all access to and use of the Services thereafter. If we make material updates to these Terms that would negatively impact your rights or increase your obligations hereunder, we will notify you of such changes in advance via the Services or by email to the email address associated with your User Account, or in any other similar manner. If you do not agree with the changes, you may not access, or use the Services and, you have the right to terminate these Terms by closing your User Account. Access or use of the Services after the date any such changes become effective constitutes your acceptance of the update or change and consent to the updated Terms. The most current version of these Terms will appear on the Website under the “Terms of Service”.

Miscellaneous

These Terms and the Privacy Policy constitute the entire agreement between you and the Company governing your access and use of the Services and supersede any prior agreements between you and Company with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use third-party services, third-party content, or third-party software. These Terms will be governed by the laws of the State of California, United States without regard to any conflict of laws provisions which may be in effect in the state. Any action or proceeding arising from or relating to these Terms may only be brought in the courts located in Los Angeles, California and each party irrevocably submits to such exclusive jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall nonetheless remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Company, but Company may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and all variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services. Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Company’s reasonable control. The Services are made available to the U.S. government, if applicable, with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the Software) by the U.S. government constitutes acknowledgment of our proprietary rights in the Services (including the Software).

Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us via email at [email protected]