EULA Agreement & Terms of Service

Please read this End User License Agreement (hereby the “EULA”) carefully, as it sets out the terms and conditions upon which we license our software.
The ADA Bundle Widget or ADA Bundle Website Accessibility Software (“the Software”) and accompanying documentation is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.
ADA Bundle, its parent company or its subsidiaries, affiliates and suppliers (hereby “ADA Bundle ”) own all intellectual property rights in the ADA Bundle Website Accessibility Software, code, plugin, Website, widget, and servers.
Your use of the ADA Bundle Website Accessibility Software is subject to these rights and to all the terms and conditions of this EULA.

Acceptance

By using the Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree to this EULA, please discontinue now and delete all ADA Bundle code from your websites, computer systems, and servers.
Before using the ADA Bundle Website Accessibility Software or any code from the ADA Bundle Software, you are required to give your express EULA to the terms and conditions set forth in this EULA.
If you do not agree to this EULA, you must not subscribe, nor use the software or its code for any purpose whatsoever.

Software Updates

ADA Bundle reserves the right, at its sole discretion, to change or modify its Software, website, widget, plugin or any code and deploy any changes publicly on your website without prior notice to you.

Technical Support

ADA Bundle has no obligation to provide any upgrades, technical information or technical support of any kind.

Restriction to Transfer

You may not assign your rights or obligations under this EULA, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer those rights.

Restriction on Use

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of the ADA Bundle Website Accessibility Software.

Restriction on Alteration

You may not modify the ADA Bundle Website Accessibility Software or create any derivative work of ADA Bundle, its Website, widget, plugin, code or any accompanying documentation. You may not alter any files or libraries in any portion of the ADA Bundle Website Accessibility Software. You may not reproduce the ADA Bundle database or create any copies of ADA Bundle data.

Restriction on Copying

You may not copy or reproduce any part of the ADA Bundle Website Accessibility Software.

Ownership

ADA Bundle retains all interests, intellectual property, ownership rights and title in the Software and all copies thereof including but not limited to computer code, documents and documentation, copyrights, patents, trademarks, trade secrets, trade names, titles, designs, and methods of operation. The Software is protected by the copyright laws of the State of California, the United States of America, international treaties, conventions and other laws around the world.

No Warranty

ADA Bundle Website Accessibility does not guarantee WCAG compliance!
ADA Bundle interacts with each website, browser and operating system differently and therefore provides no warranty or assurances that the Software will perform as expected on your website. If you or your users experience any unexpected technical issues, bugs or malfunctions, it is your responsibility to report such issues to [email protected] including relevant screenshots, browser versions, OS versions, and device type.
If ADA Bundle Website Accessibility Software changes the intended behavior of your website in any way or does not provide accessibility improvements as expected, you may remove any ADA Bundle code from your servers and discontinue using the Software.

Limitation of Liability

ADA Bundle Website Accessibility does not guarantee WCAG compliance! it is your sole responsibility to ensure your website is accessible and tested for compliance with WCAG 2.1 or other accessibility regulations as required by law. Moreover, you hereby agree to test the ADA Bundle Website Accessibility widget and all of its accessibility features on your website locally prior to rolling it out publicly to ensure proper functionality.

By choosing to use the ADA Bundle Website Accessibility widget you hereby claim that all of the pages and content on your site have been tested with common browsers and operating systems and with each of ADA Bundle accessibility features (contrast changes, text size changes, keyboard navigation, cursor size, link highlighting, font changes, desaturation, etc.) and that all available functionality works properly and as intended.

In no event shall ADA Bundle be liable to you or to any third-party claiming through you or on your behalf.
As such, neither ADA Bundle, its directors, officers, employees or agents, nor any ADA Bundle partner, affiliate or solution provider shall in any way be liable to you or your users and you hereby waive any direct or indirect, economic, financial, special, commercial, incidental, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Software, even if ADA Bundle or an ADA Bundle affiliate is aware of the possibility of such damages.

You agree to indemnify and hold ADA Bundle harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of this EULA and/or acts or omissions.

Disclaimer

This software is licensed to you “as is” and ADA Bundle Website AccessibilitySoftware disclaims any and all warranties, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the extent authorized by law. Without limiting the foregoing, ADA Bundle makes no representations that use of the software will not infringe any copyright, patent or trademark or other rights held by a third party.

Further and without limiting the foregoing, ADA Bundle Website Accessibility Software makes no warranties or representations that the software will meet your requirements or that operation of the software will be uninterrupted, error-free or will not harm your computer or mobile device. You assume responsibility for determining whether the software and its results, if any, are appropriate for yourself, your software, your website, your server, your product, and your computer or mobile device. You shall bear the entire risk as to the performance, operation, and quality of the software.

Agreement Updates

ADA Bundle reserves the right, at its sole discretion, to change or modify or to add or remove portions of the EULA, Terms of Service or Privacy Policy at any time ("Updates"). You will be deemed to have accepted any update by continuing to use the ADA Bundle Website Accessibility Software or Services.

Severability

To the extent any section, clause, provision or sentence or part thereof of this EULA is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction. That portion shall be severed, and the remainder of this EULA shall be given full force and effect.

No Waiver

ADA Bundle’s failure to assert or enforce any right contained in this EULA shall not constitute a waiver of that right.

Entire Agreement

This EULA constitutes the entire agreement between you and ADA Bundle concerning the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided, however, that this EULA shall coexist with and shall not be superseded by the Terms of Service, Privacy Policy and Cookie Policy. To the extent, the EULA conflicts with the provisions of the Terms of Service, the conflicting provisions in the terms of Service shall govern. To the extent the EULA conflicts with the provisions of the Privacy Policy, the conflicting provisions in the Privacy Policy shall govern.

Governing Law, Jurisdiction

This EULA is governed by the laws of the State of California.