Accessibility Statement

GENERAL TERMS AND CONDITIONS FOR A11YPLAN

Version of 1 September 2026. Previous versions are available in the terms of service archive.

This is a translation provided for convenience. In the event of any discrepancy, the German version of these terms and conditions prevails.

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.

A11YPLAN's offers are addressed exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law. Consumers within the meaning of section 13 BGB are not addressees of these offers.

The contract is concluded by acceptance of an offer from A11YPLAN in text form. The customer's general terms and conditions do not apply, even if A11YPLAN does not expressly object to them in an individual case or renders the service in the knowledge of them; they apply only insofar as A11YPLAN has expressly agreed to them in text form.

In the event of contradictions, the following order of precedence applies: first, individually negotiated agreements and annexes to the offer; then the offer; then these terms and conditions.

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. The license is limited to the agreed contract term — for project services, to the duration of performance of the order — and to the number of user seats stated in the offer. This license does not permit reuse, resale, rental, provision to third parties, or use of the A11YPLAN services or their contents to render services to third parties.

In the event of unauthorized use or breach of the license terms, A11YPLAN is entitled to suspend access after prior warning and a reasonable deadline, and to terminate the contract for cause; in the case of particularly serious breaches, suspension may take place without prior warning. A11YPLAN's claim to remuneration remains unaffected in these cases.

A11YPLAN's obligations exist exclusively towards the customer and towards companies affiliated with the customer within the meaning of sections 15 et seq. of the German Stock Corporation Act (AktG). Use by third parties does not give rise to any claims of their own against A11YPLAN; this contract has no protective effect in favour of third parties.

Where the services are ordered through a partner or reseller, that partner or reseller is the customer within the meaning of these terms. Its own clients (end customers) acquire no claims against A11YPLAN; passing on results and information to them, and fulfilling the obligations owed to them, is the responsibility of the customer.

Scope of services

A11YPLAN (hereinafter referred to as the Provider) renders services relating to the accessibility testing of digital offerings. The specific scope of services follows from the offer. The services are either term services — access to the A11YPLAN software for a term agreed in the offer — or project services, in particular individual audits without an agreed term. Unless stated otherwise below, these terms apply to both. The software enables digital offerings to be checked for accessibility and includes the following functions, depending on what has been agreed:

  • 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 against separate remuneration. Once a quota has been used up, no further checks can be triggered until it has been extended.
  • Automated testing: The software scans digital offerings for accessibility problems in accordance with the current WCAG 2.1 and 2.2 standards and EN 301 549. 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.
  • App audits: Where agreed in the offer, applications for iOS and Android can be tested. App audits are carried out via a device pool shared by all customers. A test device is generally available at short notice; where capacity is exhausted, waiting times may occur. There is no entitlement to a specific device, a specific device class — in particular tablets — or to immediate availability.
  • Results management: All test results are saved and can be accessed via the platform for the duration of the contract. Export and availability after the end of the contract are governed by the section "Results, report and export".

The provider continuously develops the platform further and is entitled to change, supplement or replace functions, in particular in order to adapt them to the state of the art, to changed security requirements or to legal requirements, provided the contractually agreed purpose of the service is preserved. There is no entitlement to the unchanged continuation of any individual function or presentation.

Limits of the service: The platform is an aid supporting accessibility testing. According to the state of the art, automated checks cannot detect all accessibility barriers; a substantial part of the criteria can only be checked manually. The provider carries out its checks to the best of its knowledge and belief, but owes neither the complete detection of all barriers nor any particular audit or conformity outcome. In particular, the accessibility of the tested offerings is not guaranteed and compliance with statutory or normative requirements — including under the German Accessibility Strengthening Act (BFSG), BITV, EN 301 549 and WCAG — is not warranted. The provider's services do not constitute legal advice.

Where the customer uses the platform independently, the selection of checks, the assessment of the results and their implementation rest solely with the customer. The platform makes no decisions for the customer and cannot be held responsible for the accessibility of the customer's digital offerings.

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 shall in particular render:

  • The provision of the software in a stable and secure environment with a targeted availability in accordance with the section "Service Level Agreement (SLA)".
  • Ongoing maintenance and further development of the software, and adaptation of the audit rules at its reasonable discretion to the development of the relevant standards. This does not constitute any warranty that the audit rules correspond at all times to the current state of standardisation, administrative practice or case law.
  • The provision of relevant information on the use of the software to enable the customer to use the platform effectively.

Information provided by the provider on the legal situation, norms and standards is non-binding product information without warranty as to accuracy, completeness or currency. There is no obligation to monitor legal developments on the customer's behalf or to advise the customer in individual cases.

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 particular with regard to accessibility of the systems and any necessary clearances in firewalls and bot protection systems. 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 is responsible for the actions of the users it creates and shall report any suspicion of misuse without undue delay. The customer bears sole responsibility for the technical and content-related implementation of the measures proposed by the provider and for compliance with its own statutory digital accessibility obligations.

The customer guarantees:

  • The use of the platform exclusively for the intended purpose of automated and manual accessibility checks.
  • That it is entitled to test the targets it submits — web offerings, apps and other systems — and that the checks do not infringe the rights of third parties. The customer shall indemnify the provider against claims by third parties based on a breach of this obligation.
  • That checks are carried out using test data and, where possible, on test systems. Only test data may be entered into forms or other interactive elements within the platform; the customer shall ensure that no personal or confidential content is processed in doing so.
  • A basic understanding of the rules of digital accessibility and the relevant web development technologies among the users of the software.
  • The timely securing of test results in accordance with the section "Results, report and export".

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)

For term services, the provider targets an availability of the A11YPLAN SaaS platform of 99.5% on an annual average. Availability is calculated as the ratio of the time during which the platform is reachable over the internet to the total time of the calendar year less the periods listed below; the measuring point is the transition from the data centre to the internet. No availability is promised for project services. The following do not count as downtime:

  • planned maintenance times communicated to the customer at least 48 hours in advance; maintenance work is generally carried out outside peak business hours in order to minimise possible disruptions;
  • events of force majeure and disruptions outside the provider's sphere of influence, including those at hosting providers and upstream suppliers and in public communication networks;
  • causes for which the customer or its infrastructure is responsible;
  • disruptions of the target systems submitted by the customer for testing.

Response 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 during usual business hours. The provider begins remedying the fault without undue delay. No particular time of remedy is owed.

Deviating response times more favourable to the customer, and a service quota for expert services, may be agreed in the offer. Further reports on performance indicators are produced by the provider subject to separate agreement.

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, unless otherwise agreed in the offer. Invoices are sent electronically to the e-mail address provided by the customer; the customer consents to electronic invoicing. In the event of late payment, A11YPLAN reserves the right to charge interest on arrears at the legally permissible rate and, following a reminder with a reasonable deadline, to suspend access until the arrears have been settled; the claim to remuneration remains in place for that period.
  • 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. All payment information is processed directly by Stripe.

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.

Access is activated upon receipt of payment, unless otherwise agreed in the offer. The remuneration is owed irrespective of the extent of actual use; unused quotas and credits expire at the end of the contract and are not refunded.

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.

The customer may set off against claims of A11YPLAN only with undisputed or legally established claims. The customer has a right of retention only in respect of claims arising from the same contractual relationship.

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.

Contract term and termination

For term services, the contract begins when access is activated, unless a different start is agreed in the offer; the contract term follows from the offer.

Project services have no contract term. The contract is performed once the ordered service has been rendered in full, in the case of audits upon provision of the report.

The contract does not renew automatically. It ends upon expiry of the agreed term without any need for termination. Continuation requires a new agreement; discounts granted apply only to the respective agreed term, and prices for subsequent periods are governed by the offer then applicable.

The right to extraordinary termination for cause remains unaffected. Cause exists for the provider in particular where the customer is in default of payment of a not insignificant amount despite a reminder and a reasonable deadline, and in the event of substantial or repeated use in breach of contract. Terminations require text form.

Results, report and export

Term services. During the contract term, the test results, reports and audit data generated in the course of use (together the "Results") can be accessed via the platform. For this purpose the provider makes export functions available in the formats offered from time to time, throughout the entire contract term. Securing the Results is the customer's responsibility; the customer must export them before the end of the contract and store them within its own sphere of responsibility. The date on which the contract ends follows from the offer.

Project services. For audits without an agreed term, the provider owes the provision of the report by means of a link through which the customer can retrieve and export the report. The service is rendered upon provision of that link. Any further, unlimited online access to the detailed results is not owed; it is a non-binding additional service for which no availability is promised. Securing the report is the customer's responsibility; the customer must export it without undue delay after provision and store it within its own sphere of responsibility.

For term services, access remains available after termination of the contract for 14 calendar days, limited to reading and exporting (grace period). New checks can no longer be triggered during that time. There is no grace period for project services.

After expiry of the grace period — for project services, after provision of the report — there is no entitlement to access the Results, nor to their surrender, restoration or renewed provision. The provider is entitled to delete the Results and all customer data irrevocably thereafter. No data backup beyond the contract term is owed; the provider's backup copies serve solely operational security during the contract term and do not give rise to any entitlement of the customer to access, restoration or surrender. The provider does not owe any reminder regarding the forthcoming export; a reminder that is omitted, late or does not reach the customer leaves the foregoing legal consequences unaffected.

An export after that point in time is possible only on the basis of a separate agreement and against separate remuneration, and only insofar as the data is in fact still held by the provider and accessible with reasonable effort. There is no entitlement to this.

The customer's right to use Results already exported without any time limit, and statutory retention obligations, remain unaffected.

Copyrights

All content included on A11YPLAN, such as text, graphics, logos, images, audit rules, 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. No rights beyond the right of use granted in the section "License and access" are conferred.

The data submitted by the customer and the content to be tested remain with the customer. The provider processes them exclusively in order to render the contractual services. The customer may use, reproduce and distribute Results generated during the contract term and exported by the customer without any time limit, including after the end of the contract and including vis-à-vis authorities, clients and conformity assessment bodies; passing on the platform itself is excluded.

The provider may use anonymised and aggregated usage and audit data that permit no inference as to the customer or its digital offerings in order to improve and further develop its services.

Limitation of liability

A11YPLAN is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, where a guarantee has been assumed, and under mandatory law, in particular under the German Product Liability Act.

In cases of simple negligence, A11YPLAN is liable only for breach of a material contractual obligation — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely. In that case liability is limited to the damage typical for this type of contract and foreseeable, and is furthermore limited, per event of damage and per contract year, to the net license amount paid by the customer in the current contract year — irrespective of the legal grounds and including claims for indemnification. For contracts with a term of less than one year and for project services, the net remuneration paid by the customer for the order concerned takes the place of the net license amount.

For loss of profit, loss of goodwill, interruption of business, loss of business information and other indirect or consequential damage, A11YPLAN is liable only in cases of intent and gross negligence.

For loss of data, A11YPLAN is liable only up to the expense that would have been required for restoration had the customer carried out proper and regular data backups. The section "Results, report and export" remains unaffected. This limitation does not apply in cases of intent and gross negligence, nor in the other cases in which A11YPLAN is liable without limitation under the preceding paragraphs.

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 the accessibility of digital offerings. The actual implementation of these recommendations and ensuring compliance with relevant laws and guidelines is the responsibility of the client.

A defect exists only where the service deviates in essential parts from the nature agreed in the offer. The fact that a check did not detect a particular accessibility barrier does not in itself constitute a defect. Strict liability for defects existing at the time the contract was concluded pursuant to section 536a(1) alternative 1 BGB is excluded. Defects must be reported to A11YPLAN without undue delay after discovery, in text form and with a comprehensible description.

For project services, the report is deemed accepted unless the customer objects in text form within 14 days of provision, identifying the points objected to in a comprehensible manner. A11YPLAN will draw the customer's attention to this period and to the significance of remaining silent when providing the report. Obvious defects must be notified within that period; hidden defects without undue delay after their discovery.

In the event of a defect in the report, A11YPLAN is first entitled to cure it by correcting or re-issuing the report; only after such cure has failed does the customer have the further statutory rights. Re-testing an offering that the customer has changed after the time of the check is not part of the cure.

Claims of the customer for damages and for defects become time-barred twelve months after the statutory commencement of the limitation period, for project services from acceptance. This does not apply to claims based on intent, gross negligence, injury to life, body or health, a guarantee, or the Product Liability Act; the statutory periods apply in those cases.

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, force majeure, acts of God, war, strikes, epidemics and pandemics, internet disruptions, failures of public communication networks, disruptions at hosting providers or upstream suppliers, large-scale cyber attacks, technical failures outside A11YPLAN's sphere of responsibility, legislative changes or governmental orders. For the duration of such an event the affected performance obligations are suspended; if it lasts longer than 60 days, either party may terminate the contract in text form with regard to the affected part of the services.

The foregoing limitations of liability also apply for the benefit of A11YPLAN's legal representatives, employees and vicarious agents.

Data protection and confidentiality

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.

The services are designed to be rendered without processing personal data of the customer, its employees or its users. The customer ensures this through the use of test data and test systems and is responsible for compliance. Insofar as personal data is nevertheless processed on the customer's behalf in an individual case, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR; A11YPLAN provides a template for this purpose.

A11YPLAN engages sub-processors to render the services, in particular for hosting and infrastructure and for the machine analysis of audit results. A current overview is made available by A11YPLAN on request.

Both parties shall treat information of the other party that is marked as confidential or is evidently confidential as confidential, use it only for the purposes of this contract, and make it available only to persons bound to confidentiality. Excluded is information that is generally known or becomes known without breach, that was independently developed or lawfully obtained from third parties, or whose disclosure is required by law or by an authority. This obligation applies for the contract term and for three years thereafter; for project services, for three years from provision of the report.

Consent to the use of customer 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 cease using your company name, logos and testimonials for the future and will remove the reference within a reasonable period from the media controlled by A11YPLAN itself. Printed materials already produced, and publications and distributions by third parties already completed, remain unaffected.

Deviating arrangements regarding references may be agreed in the offer.

Changes to the GTC

A11YPLAN reserves the right to change or update these GTC at any time with future effect. Changes apply exclusively to contracts concluded after publication of the new version. For existing contracts, the terms and conditions in the version valid at the time of conclusion of the contract shall apply, unless expressly agreed otherwise. As contracts do not renew automatically, the version then current applies to every follow-up order. It is the user's responsibility to inform themselves of the current terms and conditions when concluding new contracts. Previous versions remain available in the terms of service archive.

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. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is the registered office of A11YPLAN, provided the customer is a merchant, a legal entity under public law or a special fund under public law. A11YPLAN is also entitled to bring an action at the customer's general place of jurisdiction.

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.

The contract consists of the offer, any annexes and these GTC in the order of precedence stated above. There are no oral side agreements. Amendments and supplements require text form; this also applies to the waiver of this text form requirement.

The customer may assign rights under this contract only with A11YPLAN's prior consent in text form; section 354a of the German Commercial Code (HGB) remains unaffected.

These GTC were last updated on 1 September 2026 and replace the version of 18 February 2024.