Terms of Service

GENERAL TERMS AND CONDITIONS FOR A11YPLAN

Welcome to A11YPLAN. By accessing and using our software and services, you agree to the following terms and conditions. These terms and conditions apply to all users of A11YPLAN provided by A11YPLAN GmbH, Hartlaubstraße 3, 74541 Vellberg, Germany.

License and access

The User is hereby granted a limited, non-exclusive, non-transferable license to use the A11YPLAN Software and related services solely in accordance with the terms of these Terms. This license does not permit reuse, resale or commercial use of the A11YPLAN services or its contents. Any unauthorized use or violation of the license terms will result in the immediate and automatic termination of this license.

Scope of services

A11YPLAN (hereinafter referred to as the Provider) provides the Customer with the A11YPLAN software as an annual license. The software enables websites to be checked for accessibility and includes the following functions:

Platform access: The customer receives access to the A11YPLAN platform. The number of pages agreed in the offer can be scanned within the platform. The customer has the option of extending the quota at any time.
Automated testing: The software scans websites for accessibility problems in accordance with the current WCAG 2.1 and 2.2 standards. Specific URLs, customer journeys or an automatic crawler function can be used. The checks can be carried out at different frequencies (e.g. daily, weekly or monthly).
Visual audit: A supporting function for manually checking accessibility criteria. The software prepares websites visually to enable a guided audit based on the WCAG criteria. The auditor receives relevant information within the platform to support the manual check.
Results management: All test results are saved and can be accessed via the platform for the duration of the contract. The results can be exported at the end of the contract.

Obligations of the provider

The provider undertakes to provide the software in an operational condition and to ensure that the customer can use the platform in accordance with the agreed terms of use.

The provider guarantees:

The provision of the software in a stable and secure environment with a high availability of at least 99% (with the exception of planned maintenance times, which are announced to the customer at least 48 hours in advance).
Continuous maintenance and optimization of the software to ensure technical functionality and compliance with the applicable accessibility standards.
The provision of relevant information on the use of the software to enable the customer to use the platform effectively.
Continuous monitoring of legal changes in the area of digital accessibility and informing customers about significant adjustments that could affect their digital offerings.

Obligations of the customer

The customer undertakes to use the software in accordance with the intended terms of use and to ensure that the internal infrastructure is suitable for the automated checks. In addition, the customer shall ensure that all relevant team members have access to the platform.

The customer undertakes to treat the access data to the reporting dashboard confidentially and to prevent misuse. The customer bears sole responsibility for the technical and content-related implementation of the measures proposed by the provider.

The customer guarantees:

The use of the platform exclusively for the intended purpose of automated and manual accessibility checks.
The use of test data when entering forms or other interactive elements within the platform in order to comply with data protection regulations.
A basic understanding of the rules of digital accessibility and the relevant web development technologies among the users of the software.

The platform provides guidance and explanations of the accessibility standards, but it is the customer's responsibility to ensure that users understand and can apply them, especially during visual inspection.

Service Level Agreement (SLA)

The Provider shall ensure that the A11YPLAN SaaS platform is operated with an availability of 99% per calendar month. This excludes planned maintenance times, which are communicated to the customer at least 48 hours in advance. Maintenance work is generally carried out outside peak business hours in order to minimize possible disruptions.

Reaction and solution times:

Support inquiries: General support inquiries are answered within three working days.
Critical faults: In the event of serious problems, such as a complete system failure, initial feedback is provided within two hours. If possible, the problem will be resolved within 24 hours.

The provider continuously monitors system performance and ensures that the platform is running smoothly. On request, the customer can receive quarterly reports on key performance indicators such as availability, system stability and solution times.

Fees and payment

The fees for A11YPLAN's services are detailed in the written proposal and must be paid in accordance with the payment terms specified at the time of purchase. A11YPLAN offers companies two payment options:

Payment by invoice: Companies have the option of paying for A11YPLAN's services by invoice. The payment period is 14 days from the invoice date. Invoices are sent electronically to the e-mail address provided by the customer. In the event of late payment, A11YPLAN reserves the right to charge interest on arrears at the legally permissible rate and to suspend the provision of further services until the outstanding amounts have been paid in full.
Online payment via Stripe: As an alternative to payment by invoice, A11YPLAN offers the option to pay fees via the online payment service provider Stripe. Customers can choose from various payment methods available from Stripe, including but not limited to credit cards, debit cards and other payment mechanisms supported by Stripe. Online payment processing is done via a secure connection and all payment information is processed directly by Stripe to ensure the security and privacy of the customer's financial information.

Irrespective of the payment method selected, all prices in A11YPLAN's offers are shown net and are subject to VAT at the applicable rate. All payments must be made in the currency stated on the invoice or in the payment portal.

Customers are responsible for providing accurate and complete payment information. A11YPLAN reserves the right to withhold or cancel services if payments are not made on time or in full.

These payment terms apply to all services offered by A11YPLAN. By selecting one of the above payment methods, customers agree to these terms and conditions and undertake to pay the fees incurred in accordance with the agreed payment terms.

Copyrights

All content included on A11YPLAN, such as text, graphics, logos, images, the compilation thereof, and any software used on the site is the property of A11YPLAN or its suppliers and protected by copyright and other laws.

Limitation of liability

A11YPLAN shall not be liable for any damages or losses arising directly or indirectly from the use of the services or information provided. This includes, without limitation, any liability for loss of goodwill, interruption of business, loss of business information or other pecuniary loss arising out of the use of or inability to use the Services, even if A11YPLAN has been advised of the possibility of such damages.

In particular, A11YPLAN assumes no liability for the implementation of the recommended measures on the customer side. The responsibility for the correct implementation of the proposed solutions to achieve accessibility lies exclusively with the customer. A11YPLAN merely provides the information, tools and recommendations to improve website accessibility. The actual implementation of these recommendations and ensuring compliance with relevant laws and guidelines is the responsibility of the client.

A11YPLAN shall not be liable for any failure to perform or delay in performance of its services due to circumstances beyond its reasonable control, including, but not limited to, acts of God, internet disruptions, technical failures, legislative changes or governmental orders.

Data protection

A11YPLAN is committed to protecting the privacy and security of user data. Personal data is processed exclusively within the scope of the services provided and in strict compliance with data protection laws. Users have the right to access, rectify, erase and restrict the processing of their personal data at any time. Further information can be found in the data protection information.

By accepting these General Terms and Conditions, you as a customer agree that A11YPLAN is entitled to use your company name, logos and/or testimonials relating to the use of A11YPLAN's services on A11YPLAN's website, in social media, in marketing materials and in other A11YPLAN communication media for advertising and information purposes. This consent includes, but is not limited to, use for the purposes of customer acquisition, the presentation of references and the general promotion of A11YPLAN's services.

You guarantee that you have the necessary rights to grant such permission and that the use of your company name, logos and testimonials by A11YPLAN does not infringe the rights of third parties. This consent is voluntary and can be revoked at any time with effect for the future. A revocation has no influence on the legality of the processing carried out until the revocation.

For the purpose of revocation, an informal notification by e-mail to the contact address stored at A11YPLAN is sufficient. Upon receipt of the revocation, A11YPLAN will immediately cease using your company name, logos and testimonials for the above-mentioned purposes and remove or anonymize any materials in which they are used.

This consent ensures that A11YPLAN can share your success story and demonstrate to potential clients how our services contribute to improving digital accessibility. We value the trust you place in us and are committed to handling your data with the utmost care and in accordance with applicable data protection regulations.

Changes to the GTC

A11YPLAN reserves the right to amend or update these GTC at any time and without prior notice. Changes will take effect immediately upon their publication on the A11YPLAN website. It is the user's responsibility to check for changes on a regular basis. Continued use of the services after a change shall be deemed as acceptance of the new GTC.

Dispute resolution

In the event of disputes arising out of or in connection with these GTC, the parties shall first endeavor to reach an amicable settlement. If no agreement is reached, the dispute will be settled in accordance with the law of the country in which A11YPLAN has its registered office, excluding the UN Convention on Contracts for the International Sale of Goods, exclusively before the competent courts of that country.

Contact details

For questions or inquiries regarding these GTC or the services provided by A11YPLAN, please contact us by email at hello@a11yplan.de.

Final provisions

By using the A11YPLAN services, the user declares his unrestricted agreement with these GTC. Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

These GTC constitute the entire agreement between the User and A11YPLAN regarding the use of the Services and supersede all prior oral or written agreements.

The GTCs were created on 18.02.2024.