These Terms and Conditions of Service (“Terms“, “Terms and Conditions“) govern your (“You“, “Your” or “Licensee“) relationship with Kloosive LLC. (“Kloosive” or “We” or “Us” or “Our“) regarding your access and use of our website whose address is https://kloosive.com/ (together with any other associated websites running which we make use of such as kloosive.com or the “Kloosive Website“) and the Kloosive professional services or Products which include the AI-Powered Accessibility Widget (the “Widget“) and any additional services or products that Kloosive may provide (collectively referred to herein as the “Products” and together with the Kloosive 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 when completing the registration process, or using the Services. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then you may not use or access the Service. In order to agree to these Terms, You need to (i) be at least 18 years old or have Your parent or guardian’s consent to agree to these Terms; and (ii) have the power to enter into a binding contract with Us and not be prohibited from doing so under any applicable law.

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, we may publish that 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.

Services 

The purpose of the Services is to provide you with information and/or software solutions that will assist you in promoting the accessibility of website(s) (a website, or portion thereof, on which Widget has been correctly installed or which has been remediated using Kloosive Services, shall be referred to as a “Customer Website(s)” or “Your Website”) in accordance with the Web Content Accessibility Guidelines version 2.1 (“WCAG”, “Standard”) at the AA level success.

Widget is provided on a “Software as a Service” (“SaaS”) basis, and as such, you need to purchase a license to use such Services. 

None of the Services are legal services. The Company does not provide legal advice or services. You are advised to contact your attorney to obtain advice regarding compliance of Customer Website(s) and/or Website Properties with applicable laws, rules, and regulations.. You are solely responsible for all actions taken or not taken by you in connection with any such applicable law, rules and regulations, and all liability with respect thereof is hereby expressly disclaimed by us.

Widget

Installation of the Widget enables automatic addressing and resolution of website accessibility issues. Widget comprises two components, one which is an interface that addresses UI and design-related adjustments on websites, and the other is an AI-powered background process that addresses more complex requirements of the Standard (e.g., optimization for screen readers and for keyboard navigation of websites). End Users wishing to use Widget on a Customer Website are required to activate the Widget by choosing an applicable profile or by using assistive technologies (such as screen readers and applicable keyboards), that automatically activate Widget.

Widget does not address or resolve certain accessibility issues, including (“Excluded Issues”): (a) URL parameters (such as elements inserted in Your Website’s URLs to help filter and organize content or track information on the website) will not be made accessible; (b) documents, PowerPoint, Excel, Word, pdf, audio, video, SVG, the content presented in “iframe”, and other formats and embedded content will not be made accessible; (c) Canvas and Flash components will not be made accessible; (d) components that have been handled via Manual Remediation Measures (as such term is defined below) will not be made accessible.

Depending on the Widget subscription tier you purchased, you may have access to additional services (“Premium Features”). Premium Features currently comprise (a) dedicated support services, including priority response times (b) remediation for higher number of pages. We may (but have no obligation to) change our offering of Premium Features or offer additional Premium Features from time to time, at our sole discretion.

User Account

If you wish to become a Customer or an Affiliate Partner, you will be required to register and create (or update) an active personal user account (“User Account”). When you register a User Account, you will be asked to provide us with certain information such as your full name, business name, email address, and phone number, which will be used to create your User Account. You will also be asked to create a password. You are solely responsible for maintaining the confidentiality of all aspects of your User Account (including any passwords). 

You agree: (a) to provide and maintain true, accurate, complete, and up-to-date information in your User Account, and (b) not to misrepresent your identity or provide false identity or any other false information.

You are solely responsible for all activities that occur under your User Account.

You are not allowed to share your registration login credentials or give your login credentials to anyone else. You agree to notify us, immediately if your User Account has been compromised, or if you have reason to believe that it has been compromised. You further represent and warrant that you will not transfer or assign your User Account to any third party, even temporarily.

Access or Use of Services Pursuant to Engagement with an Affiliate Partner

If you access or use Widget pursuant to an engagement between you and an Affiliate Partner, then to the extent there is any conflict between these Terms and the agreement entered between you and the respective Affiliate Partner (“Partner Agreement”), then as between you and Company, these Terms shall apply. 

Updates, Availability and Functionality

Company may, at any time and at its sole discretion, develop and provide updates to 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 applicable Service and be subject to the provisions of these Terms.

The availability and functionality of the Service 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 it will be immune from unauthorized access or error-free. We reserve the right at our sole discretion to modify, correct, amend, enhance, improve, remove, or make any other changes to any Service (or any part or feature thereof) without notice, at any time, and at our sole discretion. Service and its 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 your engagement with us under these Terms if we make any material changes to a Service that you use that adversely affect the results of use of such Service. 

A Service may display, include, use, or make available third-party content or services (including data, information, applications, and other products and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Services”). We are not responsible for Third-Party Services. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-party services and links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third-parties’ terms and conditions.

We will maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services in accordance with reasonable industry standards and practices.

Kloosive Support & Electronic Communications

We will provide You with during regular business hours and via e-mail and video conferencing technical support and assistance in operating the Products. All such services shall be provided subject to the timely payment of support fees and shall be made on a reasonable commercial efforts basis, depending on the severity level of the technical issues reported to Us.

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. These Terms, any notices, disclosures, and other communications provided electronically satisfy any legal requirement that these communications would satisfy if they were on paper. This section does not affect your non-waivable rights. Please note that you will not be able to opt-out of receiving such service messages. 

Any call meetings or conference calls (including video calls) we may conduct with you in relation with the provision of the Services, may be recorded (including through third-party vendor platforms) for training, quality assurances and archival purposes. By setting up a demo call, support call, or other any other call with us you agree to have the call recorded and kept in the company records.

Payments

These Terms and the purchase order or any other record of payment for the Service entered into between You and Us (collectively the “PO“) shall be the complete and binding agreement between Us and the customer identified in the PO, covering the License to use the Service, and the printed and/or electronic user documentation accompanying the Service, and/or maintenance, support or other services ordered thereunder and is effective when executed. In any event of a conflict or a contradiction between the terms of the PO and these Terms, the PO shall prevail.

Unless otherwise stated, all fees are quoted in Euro. Any outstanding balance becomes immediately due and payable upon termination of these Terms and any collection expenses (including attorneys’ fees) incurred by Us will be included in the amount owed and may be charged to the applicable billing mechanism associated with You. Unless agreed otherwise in the PO, all fees payable hereunder shall be prepaid. Unless agreed otherwise in the PO, all fees payable hereunder, do not include VAT and they shall be paid by You. 

By providing payment details, You authorize Kloosive to process Your payment in accordance with Your subscription. If the initial payment attempt is unsuccessful, You grant Kloosive permission to make subsequent payment attempts, including reduced amounts and/or utilizing alternative payment methods You’ve provided, to settle the outstanding balance.

Subscriptions are set to renew automatically using the default payment method provided. If the full subscription amount can’t be processed, Kloosive reserves the right to attempt a payment for a smaller amount, reflecting a monthly rate or any other prorated amount, as deemed appropriate.

Kloosive is not responsible for any transaction fees, overdraft fees, over-limit fees, or non-sufficient fund fees that might be applied by your financial institution due to our charge attempts on your account.

Refund policy

To the extent You are not satisfied with the Service you may cancel your subscription within 14 days as of the date of commencement of your subscription to the Service. Your cancellation request should be sent to support@kloosive.com, and it should include your full name, the domain name for which the service cancellation is sought, a copy of the PO, receipt or payment confirmation. Following the aforesaid 14-day period, you will not be entitled to a refund in lieu of a cancellation request.

Termination

We may terminate Your use of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation Your breach of these Terms. Upon termination, Your right to use the Service will immediately cease. If You wish to terminate the Service, You may simply discontinue using it. The expiration or termination of these Terms shall not relieve You of any obligation intended to survive under these Terms, nor any obligation to pay the applicable fees under the PO. The Products/Services will renew automatically at the end of the term unless terminated by You 10 days prior to the end of the subscription date.

Links to Other Web Sites

Our Service may contain links to, or provide tools that enable You to interact with, third-party websites or services (such as Google, Facebook, Twitter, YouTube, etc.) that are not owned or controlled by Kloosive.

Kloosive has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kloosive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

You agree that Your use of the Service may incur third-party fees, such as fees charged by Your carrier for data usage, and You agree to pay all such fees and abide by all such terms. By using the Service, You expressly relieve Kloosive from any and all liability arising from Your use of any third-party website or third-party services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Limitation of Liability

To the maximum extent legally permissible, in no event shall Kloosive, including Kloosive’s representatives, be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort, or strict liability). This includes, without limitation, loss of goodwill, profits, or data, and business interruption, arising hereunder, resulting from or arising out of the site and/or services, any communications and interactions or meetings with users of the site and/or services, or other persons with whom you communicate as a result of your use of the site and/or services and/or the content, your use or inability to use the site and/or services and/or the content and/or the failure of the site and/or services to perform as represented or expected, or from any content, or from the performance or failure of Kloosive to perform under these terms, any other act or omission of Kloosive or Kloosive’s representatives, by any other cause whatsoever; or based upon breach of warranty, guarantee or condition, breach of contract, negligence, strict liability, tort, or any other legal theory, regardless of whether Kloosive or Kloosive’s representatives have been advised of the possibility of such damages.

In any case, without limiting the generality of the foregoing, and to the maximum extent legally permissible, Kloosive and Kloosive’s representatives’ total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the site and/or services and/or the content shall, in no event, exceed, in the aggregate, the amount actually paid by you, if any, to Kloosive for use of the site and/or services in the three (3) months preceding the event giving rise to such claim. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect, or incidental damages from us and from Kloosive’s representatives.

Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us via email at support@kloosive.com.