Accesstive Terms of Services

Last Updated: May 21, 2025

Hello, and thank you for choosing Accesstive! We’re honored to be your partner in making the digital world accessible to everyone. These Terms of Service (“Terms”) are our promise to you, whether you’re browsing our website (www.accesstive.com), using our SaaS platform, mobile apps, or tapping into our accessibility solutions like audits, monitoring, or training. We’ve written these Terms to feel like a conversation, with WCAG 2.1 AA-compliant design: high-contrast visuals, readable fonts like Inter or Open Sans, and alt-text for all icons. By using our Services, you agree to these Terms, and we’re here to support you every step of your accessibility journey.

Let’s be real: Accessibility isn’t a quick fix. Some competitors claim a script can make your site 100% compliant. We disagree. True accessibility takes commitment, and we’re here with a smarter approach: AI to fix errors fast, experts for complex challenges, and clear guidelines for manual fixes you can handle. With Accesstive, you’re not just getting tools -you’re getting a trusted friend who’s got your back.

1. Who We Are

We’re Accesstive, a team passionate about accessibility, based at Bischofsweg 6, 01097 Dresden, Germany. Our authorized representative, Sven Thelemann, Service Partner Germany, is right here with us at the same address. You can reach us at privacy@accesstive.com or +49 351 48 19 66 61. We’re dedicated to helping you create inclusive digital experiences, and these Terms are our roadmap for working together.

2. Key Definitions

Let’s make things crystal clear with some key terms:

  • Services: Our accessibility solutions, including audits, monitoring, integrations, training, and legal support, are delivered through the Accesstive Accessibility Platform.
  • Platform: Our website (www.accesstive.com), SaaS platform, and mobile apps.
  • Customer: You, if you’re using our Services (paid or unpaid).
  • Visitor: Anyone browsing our Platform without using Services.
  • User: Both Customers and Visitors.
  • Order Form: The agreement (e.g., online checkout, contract) detailing your Services and fees.

3. What Are Our Services?

Our Services are your toolkit for building an accessible digital presence, powered by the Accesstive Accessibility Platform:

  • Accessibility Audits: Manual and automated audits meeting WCAG 2.1 AA standards, using JavaScript widgets and real-time dashboards to pinpoint:
    • AI-Fixable Errors: Things like missing alt-text or low contrast, fixed instantly by our AI.
    • Expert/Developer Fixes: Tricky issues like inaccessible navigation or ARIA violations, handled by our certified accessibility experts or your developers.
    • Manual Fixes: Errors you can tackle with our legal guidelines at [www.accesstive.com/compliance], covering WCAG, ADA, GDPR, AODA, RPwD Act, and Equality Act 2010.
  • Continuous Monitoring: Real-time dashboards and alerts with automated scans and expert reviews to keep your site accessible.
  • Platform Integrations: Plugins for WordPress, TYPO3, Shopify, and more, making accessibility seamless.
  • Training and Certifications: Workshops and online courses to empower your team with skills in WCAG, BFSG, and global standards.
  • Legal Support: Accessibility statement generators, VPAT reports, and our Accesstive Advocacy Program (Section 11) for legal claims.
  • Optional Add-Ons: PDF remediation, advanced litigation support, or custom compliance plans (extra fees apply per your Order Form).

We’re here to make your accessibility journey smooth and successful.

4. Who Can Use Our Services?

Our Services are for you if you:

  • Are at least 16 years old (sorry, no kids allowed).
  • Agree to these Terms by clicking “Accept” or using our Services.
  • Have the authority to act for your organization, if applicable.

By joining us, you’re saying, “I’m in!” and we’re excited to have you.

5. Your Responsibilities

You’re our partner in this, and here’s how you can help us shine:

  • Be Honest: Provide accurate details (e.g., website URLs, contact info) for audits, monitoring, or support.
  • Follow the Law: Ensure your use of our Services complies with laws like GDPR, ADA, AODA, RPwD Act, or Equality Act 2010. You’re in charge of your website’s legal compliance.
  • Take Action: Apply our AI fixes, expert recommendations, and manual fixes from our legal guidelines to stay compliant.
  • Speak Up: Email privacy@accesstive.com within 7 days if you get an accessibility-related legal claim (see Section 11).
  • Pay Promptly: Keep up with payments as outlined in Section 12.

If you don’t meet these, we may need to pause or stop your access, but we’ll work with you first.

6. Acceptable Use of Our Services

We trust you to use our Services with care. Please don’t:

  • Misuse our tools (e.g., hacking, reverse-engineering, or extracting code).
  • Overload our Platform with excessive API calls or automated queries.
  • Use our Services for anything illegal or harmful.
  • Share or sublicense our Services without our okay.
  • Remove or change our branding, like Accesstive logos or widgets.

If you break these rules, we may suspend or terminate your access and take legal steps if needed.

7. Our License to You

We give you a limited, non-exclusive, non-transferable, revocable license to use our Services for legitimate purposes, like making your website accessible, as outlined in your Order Form. You can’t copy, modify, share, or misuse our Services. This license ends if you break these Terms or stop using our Services.

8. Data Storage and Privacy

Your data is safe with us, stored and processed only in Germany by our trusted partner, ALL-INKL.COM (Neue Medien Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany). Their ISO-certified data centers use daily backups and meet GDPR, BFSG (by mid-2025), and EN 301 549 standards. This gives you top-notch privacy under German law -something competitors like US or global hosting can’t match. Check out our Privacy Policy for the full scoop.

9. Our Accessibility Approach

We’re different, and we’re proud of it. Some competitors say a script can make your site 100% compliant. That’s not the whole story, and we’re here to keep it real. Accessibility takes effort, and our hybrid approach delivers:

  • AI-Powered Fixes: Our AI quickly fixes simple errors, like missing alt-text, low contrast, or basic keyboard issues, so you can focus on what matters.
  • Expert and Developer Support: Complex challenges, like inaccessible forms or ARIA violations, are handled by our certified accessibility experts or your developers, ensuring WCAG 2.1 AA compliance.
  • Manual Fixes with Guidelines: Some fixes need your touch. Our legal guidelines at [www.accesstive.com/compliance] offer clear steps to manually address issues, covering WCAG, ADA, GDPR, AODA, RPwD Act, and Equality Act 2010.

This honest approach makes us your true partner in building an inclusive digital world.

10. What We Promise (and What We Don’t)

Our Promises:

  • Our Services are built to meet WCAG 2.1 AA standards, with audits, monitoring, and integrations to guide your accessibility journey.
  • We’ll keep your data secure and our Services running smoothly with German data centres.
  • We’ll support you with our Accesstive Advocacy Program (Section 11) if legal claims arise.

What We Don’t Promise:

  • No 100% Compliance Guarantee: We’re upfront, unlike competitors who claim instant fixes; our Services help you work toward WCAG compliance, but full legal compliance (e.g., ADA, AODA, BFSG) depends on your efforts with our AI, experts, and guidelines.
  • No Legal Advice: Our tools and support aren’t legal advice. Talk to a lawyer for legal matters.
  • As-Is Services: Except as stated, our Services are provided “as is,” without warranties of merchantability, fitness, or non-infringement.

With Accesstive, you get honesty and support, not overhyped promises.

11. Accesstive Advocacy Program

If you face an accessibility-related legal claim (e.g., a lawsuit or demand letter under the ADA, AODA, RPwD Act, or Equality Act 2010), our Accesstive Advocacy Program is here to help:

  • Tell Us Right Away: Email privacy@accesstive.com within 7 days with a copy of the claim.
  • What We’ll Do:
    • Provide Compliance Tools: VPAT reports, accessibility statements, and dashboards to show your efforts.
    • Offer Expert Support: Our certified accessibility experts will analyze issues and suggest fixes.
    • Supply Certifications: Documentation to support your compliance in legal proceedings (available with certain plans).
    • Give Guidance: Strategic advice and manual fix guidelines (advanced support may incur fees).
  • Your Part: Don’t mention Accesstive in legal responses without our review. You handle your legal defense and follow our recommendations.

Unlike accessiBe’s automation-heavy focus or AudioEye’s limited warranties, we combine AI, expert support, and practical guidance to help you face challenges with confidence.

12. Payment Terms

We want billing to be stress-free:

  • Fees: Pay as outlined in your Order Form, charged monthly or annually with auto-renewal unless canceled 30 days before renewal.
  • Taxes: You cover applicable taxes (e.g., VAT) unless you provide a valid exemption.
  • Late Payments: Overdue amounts accrue a 1.5% monthly late fee (or the legal maximum, if lower).
  • Disputes: Email privacy@accesstive.com within 30 days of an invoice to sort out issues.
  • No Refunds: Fees for unused periods aren’t refunded unless your Order Form says otherwise.

We’re here to make this smooth and transparent.

13. Ending Our Agreement

We hope you stay, but either of us can end this:

  • By You: Cancel via your account or email privacy@accesstive.com. No refunds for unused periods unless specified.
  • By Us: We may suspend or terminate for violating the Terms, non-payment, or misuse, with notice unless urgent.
  • Afterward: Your license ends, and we’ll delete your data per our Privacy Policy, unless legally required to keep it.

14. Resolving Disputes

Let’s sort things out together:

  • Talk First: Email privacy@accesstive.com with your concern. We’ll aim to resolve it within 30 days.
  • Arbitration: If we can’t agree, disputes go to binding individual arbitration under the German Arbitration Institute (DIS) Rules (www.disarb.org) in Dresden, Germany, in English, with one arbitrator. We each pay our own costs, unless the arbitrator says otherwise.
  • No Class Actions: Disputes are individual, not class or representative.
  • Governing Law: German law applies, with non-arbitrated disputes resolved in Dresden courts.

This is friendlier and clearer than accessiBe’s process, tailored to our German base.

15. Who Owns What

  • Our Stuff: Accesstive owns all intellectual property in our Services, including software, widgets, guidelines, and content. You need our written permission to use our logos or materials.
  • Your Stuff: You own your website content and data. We use it only to provide Services, per our Privacy Policy.

16. Indemnification

We support each other:

  • You Indemnify Us: You’ll cover Accesstive against claims from your misuse, Term violations, or third-party issues with your content.
  • We Indemnify You: We’ll cover you against claims that our Services infringe third-party intellectual property, if you notify us promptly and let us handle the defense.
  • How It Works: The indemnifying party pays reasonable legal fees and damages, with cooperation from both sides.

This keeps our partnership fair and protected.

17. Limits on Our Liability

We’re dedicated to great service, but we limit liability to be fair:

  • No Indirect Damages: We’re not liable for indirect, incidental, or consequential damages (e.g., lost profits, data loss).
  • Cap on Liability: Our liability is capped at what you paid us in the 12 months before the issue.
  • Exceptions: These don’t apply to our gross negligence, willful misconduct, or legal obligations.

This is clearer than AudioEye’s dense language, keeping things straightforward.

18. Force Majeure

We’re not liable for delays or failures due to events beyond our control, like natural disasters or cyberattacks. We’ll let you know ASAP and work to get back on track.

19. Changes to These Terms

We may update these Terms for new services or laws (e.g., BFSG by mid-2025). We’ll notify you via email or our website 30 days before changes kick in. Keep using our Services, and you accept the updates. If you don’t agree, you can stop using them.

20. Let’s Talk

Questions or ideas? We’re all ears:

Accesstive

Bischofsweg 6
01097 Dresden,
Germany

Email: privacy@accesstive.com

Phone: +49 351 48 19 66 61

European Contact:

Sven Thelemann, Service Partner Germany

Bischofsweg 6, 01097 Dresden, Germany

Email: europe@accesstive.com

Phone: +49 351 48 19 66 61

Visit our Privacy Policy, Cookie Policy, or Compliance Page for more.