Terms and Conditions

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program and web platform provided by the Company, named AllAccessible, including all widgets, tools, and associated services.
• Account means a unique account created for You to access our Service or parts of our Service, including individual user accounts and organizational accounts.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gentis Inc., a Delaware corporation, doing business as AllAccessible.
• Content refers to content such as text, images, audio, video, code, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Device means any device that can access the Service such as a computer, smartphone, tablet, or other electronic device.
• Feedback means feedback, innovations, suggestions, or ideas sent by You regarding the attributes, performance, or features of our Service.
• Organization means a business entity, non-profit organization, government agency, or other institutional user that maintains an Account for multiple users.
• Partner means an individual or organization that participates in our Partner Program to provide AllAccessible services to end customers.
• Personal Data means any information relating to an identified or identifiable natural person, as defined by applicable data protection laws.
• Service refers to the AllAccessible platform, including the web application, accessibility widget, audit tools, and all associated features and functionalities.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Service means any services or content provided by a third-party that may be displayed, included, or made available by the Service.
• Widget means the accessibility interface tool provided by AllAccessible that can be integrated into websites to enhance accessibility features.
• You means the individual accessing or using the Service, or the company, organization, or other legal entity on behalf of which such individual is accessing or using the Service.

2. Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, Partners, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18 or the legal age of majority in your jurisdiction, whichever is higher. The Company does not permit those under the applicable legal age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Subscriptions and Billing

Subscription Plans

The Service offers a Starter plan at $10/month and a Growth plan at $19/month, both with optional add-ons. Some parts of the Service are available only with a paid Subscription. Subscription features and limitations are clearly outlined on our pricing page.

Billing Period

You will be billed in advance on a recurring basis (monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Payment Information

You shall provide the Company with accurate and complete billing information including full name, address, state/province, postal code, telephone number, and valid payment method information. You agree to update this information promptly if it changes.

Failed Payments

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay may result in suspension or termination of your Service access.

Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Cancellation

You may cancel Your Subscription renewal either through Your Account settings or by contacting the Company. You will not receive a refund for fees already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Refund policies may vary by jurisdiction based on local consumer protection laws.

Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties. In jurisdictions where We are required to collect taxes, appropriate taxes will be added to your invoice.

4. User Accounts

When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password and credentials that You use to access the Service and for any activities or actions under Your account, whether Your password is with Our Service or a Third-Party Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Organization Accounts

Organizations may create accounts that allow multiple users within the organization to access the Service. The organization is responsible for managing user access, ensuring compliance with these Terms by all users, and maintaining the security of the organizational account.

Multi-Factor Authentication

We strongly recommend enabling multi-factor authentication (MFA) for enhanced account security. Some subscription plans may require MFA for compliance and security purposes.

5. Content and Usage

Your Right to Post Content

Our Service allows You to post Content through various features including configuration settings, feedback forms, and support requests. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service as necessary to provide the Service. You retain ownership of Your Content and are responsible for protecting Your rights.

Content Restrictions

You may not transmit any Content that is:

• Unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially or ethnically objectionable
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Contains software viruses, worms, malware, or any other harmful computer code
• Constitutes unauthorized advertising, spam, chain letters, or pyramid schemes
• Impersonates any person or entity or falsely represents Your affiliation with any person or entity
• Violates any applicable local, state, national, or international law or regulation

Data Processing and Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. You agree to maintain complete and accurate copies of any critical Content in a location independent of the Service.

We implement industry-standard security measures to protect Your Content, but You acknowledge that no system is completely secure. You are responsible for implementing appropriate backup and security measures for Your own data.

6. Prohibited Uses

You agree not to use the Service:

• In any way that could harm, disable, overburden, or impair the Service or interfere with any other party's use of the Service
• To transmit, or procure the sending of, advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• For any purpose that is unlawful or prohibited by these Terms
• To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• To use automated means to access the Service for purposes other than those explicitly permitted
• To circumvent, disable, or otherwise interfere with security features of the Service
• To test the vulnerability of our systems or networks without express written permission

Accessibility Testing

While our Service is designed to help with accessibility compliance, You agree not to use the Service to perform unauthorized security testing, vulnerability assessment, or penetration testing on third-party websites without proper authorization.

7. Intellectual Property

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Your Feedback

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Copyright Policy

We respect the intellectual property rights of others. If You believe that any Content on our Service infringes Your copyright, please contact us at legal@allaccessible.org with:

• A description of the copyrighted work that You claim has been infringed
• A description of where the allegedly infringing material is located on our Service
• Your contact information
• A statement that You have a good faith belief that the use is not authorized
• A statement that the information in Your notice is accurate and that You are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

8. Privacy and Data Protection

Data Processing

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

International Data Transfers

As we operate globally, Your personal data may be transferred to and processed in countries other than Your country of residence. We implement appropriate safeguards to ensure Your data is protected in accordance with applicable data protection laws.

Data Retention

We retain Your personal data only for as long as necessary to provide the Service and fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required by law.

Your Rights

Depending on Your location, You may have certain rights regarding Your personal data, including rights to access, correct, delete, or restrict processing of Your data. Contact us at privacy@allaccessible.org to exercise these rights.

9. Accessibility Compliance

Service Purpose

AllAccessible assists in making websites more accessible and helps work toward WCAG 2.2 AA compliance, but we cannot guarantee 100% compliance. The Service should be considered a supplementary tool and guidance system rather than an instant compliance solution.

Your Responsibilities

You acknowledge and agree that:

• You are solely responsible for the final accessibility compliance of Your website
• You must implement recommendations and address issues identified by the Service
• You should conduct additional testing and validation beyond what our Service provides
• Legal compliance requirements vary by jurisdiction and industry
• Professional accessibility audits may be necessary for full compliance

Compliance Support

In the event of accessibility-related legal issues, we can provide support through accommodation request systems, website audit reports, and usage data to help demonstrate good-faith efforts toward accessibility compliance. However, the Company cannot be held liable for any non-compliance issues or legal consequences.

Industry Standards

Our Service is designed to support compliance with internationally recognized accessibility standards including WCAG 2.2, Section 508, ADA, and European Accessibility Act (EAA). We continuously update our tools to reflect evolving standards and best practices.

10. ADA and Legal Compliance

Our Commitment to Accessibility

AllAccessible is committed to helping organizations comply with the Americans with Disabilities Act (ADA), Section 508, and other accessibility regulations worldwide. We provide tools and services designed to identify and remediate accessibility barriers in digital properties.

Legal Compliance Assistance

While our Service assists with compliance efforts, You understand that:

• ADA and other accessibility laws may have specific requirements based on your industry, size, and location
• Our tools provide guidance based on WCAG 2.2 Level AA standards, which are widely accepted as best practices
• Legal compliance may require additional measures beyond automated testing
• You should consult with legal counsel to understand your specific obligations

Accommodation Request System

Our accommodation request feature helps You demonstrate good faith efforts to provide equal access. This system allows users with disabilities to request specific accommodations, creating a documented process for addressing accessibility needs.

Litigation Support

In the event of accessibility-related legal proceedings, we can provide documentation of your accessibility efforts, including audit histories, remediation activities, and accommodation request handling. However, this documentation does not guarantee any particular legal outcome.

11. International Use

Global Service

AllAccessible is designed for global use and supports websites in multiple languages and regions. However, You are responsible for ensuring that Your use of the Service complies with all applicable local, state, national, and international laws and regulations.

Export Controls

The Service may be subject to export controls and trade sanctions laws. You agree not to use the Service in violation of any applicable export control or trade sanctions regulations.

Localization

We strive to provide localized experiences where possible, including multi-language support in our Widget and regional compliance guidance. However, certain features may not be available in all regions.

Regional Legal Requirements

Different regions have varying accessibility requirements (e.g., ADA in the US, AODA in Ontario, EN 301 549 in the EU). Our Service provides general guidance, but You should consult with local legal experts for specific compliance requirements in Your jurisdiction.

12. Partner Program

Partner Relationship

Our Partner Program allows qualified individuals and organizations to resell and provide AllAccessible services to end customers. Use of the Service in a partner, reseller, or agency capacity is governed by the separate AllAccessible Partner Agreement, which is executed by qualifying Partners. To the extent of any conflict between these Terms and the Partner Agreement, the Partner Agreement controls for matters within its scope.

Partner Responsibilities

Partners agree to:

• Accurately represent AllAccessible services and capabilities
• Provide appropriate support to their customers
• Maintain confidentiality of customer information
• Comply with all applicable laws and regulations
• Meet performance and quality standards as specified in the Partner Agreement

Customer Relationships

Partners act as independent contractors and are responsible for their own customer relationships, billing, and support obligations. AllAccessible may provide technical support and resources but is not responsible for Partner-customer relationships.

Legacy Partner Protection

Partners who joined our program before December 2025 may be eligible for grandfathered pricing and terms. These protections are subject to continued compliance with program requirements and may have expiration dates.

13. Termination

Termination by You

You may terminate Your Account at any time by following the cancellation process in Your account settings or by contacting us. Termination of Your Account will result in the deactivation or deletion of Your Account and loss of access to the Service.

Termination by Us

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. We may also terminate inactive accounts or accounts that violate our policies.

Effect of Termination

Upon termination, Your right to use the Service will cease immediately. We will make reasonable efforts to provide You with access to export Your data, subject to technical limitations and legal requirements.

Survival

Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

14. Disclaimers and Limitations

Service Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Accessibility Disclaimer

While our Service is designed to help improve website accessibility, we do not warrant that use of our Service will ensure full compliance with any accessibility standards or legal requirements. Accessibility compliance depends on many factors beyond our Service's scope.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to Your use or inability to use the Service.

Our total liability to You for all damages, losses, and causes of action (whether in contract, tort, or otherwise) will not exceed the amount paid by You to the Company in the twelve (12) months prior to the incident giving rise to liability, or $100 USD if You have not made any payments.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your use of the Service or violation of these Terms.

Development and Integration Costs

You acknowledge that the Company is not responsible for any development, integration, or consulting costs incurred by You or third parties in connection with using the Service. This includes costs for custom integrations, website modifications, or professional services.

15. Legal Compliance

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wilmington, Delaware.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at legal@allaccessible.org. We will work in good faith to resolve any disputes.

Regional Variations

For users in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects Your rights as a consumer under applicable consumer protection laws.

Government Users

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, and these Terms apply to government use.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between You and the Company concerning the Service and supersede all prior or contemporaneous agreements and understandings.

16. AI Services and Features

AI-Powered Features

Our Service incorporates artificial intelligence and machine learning technologies to enhance accessibility features, including but not limited to:

• Automated alternative text generation for images
• Content simplification and readability improvements
• Predictive accessibility issue detection
• Intelligent remediation recommendations

AI Limitations

You acknowledge that AI-generated content and recommendations:

• May not be 100% accurate and should be reviewed by humans
• Are provided as suggestions and not definitive solutions
• May require customization for your specific context
• Should not replace human judgment in critical accessibility decisions

Data Usage for AI

To improve our AI services, we may use aggregated and anonymized data from Service usage. Personal data is never used for AI training without explicit consent. You may opt out of contributing to AI improvements in your account settings.

Third-Party AI Services

We may utilize third-party AI services to provide certain features. Use of these features is subject to the third-party providers' terms and privacy policies in addition to these Terms.

17. Service Tiers and Usage Limits

Service Tiers

The Service is offered in distinct Service Tiers, each with defined Usage Limits and features. Current Service Tiers and Usage Limits are published on our pricing page and are incorporated into these Terms by reference.

What Counts Toward Usage Limits

Usage Limits include but are not limited to:

• Monthly Pageviews: Each unique page render where the Service is loaded counts as one pageview. Pageviews are counted per calendar month per Site, beginning at 00:00 UTC on the first day of each month.
• AI-Generated Content: Each generation of AI-derived content (alt-text descriptions, audio renderings, etc.) counts as one unit against any applicable AI Usage Limit.
• Audit Scans: Each on-demand or scheduled accessibility audit run counts as one unit against any applicable Audit Usage Limit.

Multi-Site Accounts

Where a single Account or Organization holds multiple Sites, Usage Limits apply per-Site unless explicitly aggregated by the applicable Service Tier. Each Site's usage is calculated independently.

Measurement and Display

The Company calculates Usage Limit consumption using its internal analytics systems. Usage data is displayed to You in Your dashboard and may have up to 24 hours of latency. The Company's measurement of Usage shall be authoritative for billing purposes, subject to Your right to dispute as set forth in our refund and dispute provisions.

Fair Use

Even within a Service Tier's stated Usage Limits, the Company reserves the right to investigate or restrict use that, in its reasonable judgment, constitutes abusive, fraudulent, or otherwise non-bona-fide use of the Service.

18. Overage Charges and Plan Adjustments

Sustained Overage

If Your usage of a metered resource exceeds the applicable Usage Limit for the same Site for three (3) or more consecutive monthly billing cycles, the Company may, at its discretion and following the notice procedures below:

• Apply Overage Charges as described in this section; and/or
• Recommend or apply a Plan Adjustment as described below.

Overage Charges

Overage Charges are calculated based on the published rates on our pricing page in effect at the time of the Overage. Overage Charges, where applicable, will be itemized on Your subsequent invoice.

Plan Adjustments

A "Plan Adjustment" means a change to Your Service Tier (typically an upgrade) initiated by the Company based on sustained Overage. Plan Adjustments are subject to the following:

• No Plan Adjustment shall be applied without Your explicit prior consent, except where You have granted prior authorization as described below.
• Where consent has been obtained, the Company will apply the Plan Adjustment effective on the next billing cycle following thirty (30) days advance notice.
• You retain the right to decline a proposed Plan Adjustment at any time prior to its effective date. Declining will not affect Your existing Subscription, though continued Overage may result in Overage Charges.

Notice Procedure

Before applying any Overage Charge or Plan Adjustment, the Company will deliver written notice to the email address associated with the Account or, in the case of Partner-managed accounts, to the Partner's billing contact. Notice will include:

• A description of the Overage condition
• Recent Usage data supporting the Overage finding
• The proposed action (Overage Charge or Plan Adjustment) and its financial impact
• The effective date, no sooner than thirty (30) days from the notice date
• Instructions for declining or modifying the proposed action

Prior Authorization for Automatic Plan Adjustment

You may, at Your option, grant the Company prior authorization to apply Plan Adjustments automatically upon sustained Overage, subject to the notice procedures above. Authorization may be granted through:

• An affirmative consent action in Your account dashboard (e.g., a checkbox during Service Version migration)
• A separately executed addendum or order form
• Acceptance of these Terms in connection with new Service Version onboarding (where the new Service Version's onboarding flow includes such authorization)

You may revoke prior authorization at any time through Your account dashboard, with immediate effect on future Plan Adjustments.

No Service Suspension for Overage

The Company will not suspend or restrict Service to a Site solely for Overage. Service continues to operate during overage and notice periods.

Disputes

Disputes regarding Overage Charges or Plan Adjustments must be raised within thirty (30) days of the relevant invoice date. The Company will review such disputes in good faith.

19. Service Versioning and Migration

Multiple Versions

The Company may, from time to time, release new major versions of the Service (each a "Service Version"). The Company may operate multiple Service Versions concurrently during a transition period.

Version Sunset

The Company reserves the right to retire or discontinue ("sunset") any Service Version with at least ninety (90) days advance written notice. Notice will include:

• The sunset date
• The recommended replacement Service Version
• Any required migration actions on Your part
• Any pricing or feature differences between versions
• Information regarding sunset-period support and after-sunset support, if any

Migration Authority

You authorize the Company to migrate Your Account, Sites, and configuration from a sunset Service Version to its replacement automatically following the sunset date, unless You opt out by terminating Your Subscription before the sunset date or accepting different terms offered by the Company.

Concurrent Version Pricing

Where Service Versions are offered concurrently, pricing for each Service Version is set independently as published on our pricing page.

20. Marketing Communications and Consent

Marketing Communications

"Marketing Communications" include emails, in-product messages, and other communications about features, pricing, promotions, partner offerings, surveys, and product education that are not strictly required for the operation of Your Account.

Operational Notices Are Required

Notices required by these Terms (including notices regarding Overage, Plan Adjustments, fee changes, version sunset, security, and material amendment of these Terms) are operational notices essential to Your use of the Service. You may not opt out of these notices while maintaining an active Account.

Opt-In and Opt-Out

By creating an Account, You consent to receive Marketing Communications related to the Service. You may withdraw this consent at any time by:

• Clicking the "unsubscribe" link in any Marketing Communication
• Updating Your communication preferences in Your account dashboard preference center
• Contacting the Company directly

Withdrawal of Marketing Communications consent does not affect operational notices.

GDPR / EU Customers

For Users in the European Economic Area, United Kingdom, or other jurisdictions requiring affirmative opt-in for marketing, the Company will obtain explicit opt-in consent before sending Marketing Communications.

Engagement Tracking

The Company may track open and click events on Marketing Communications to measure effectiveness. Such tracking is described in our Privacy Policy.

21. Contact Information

If you have any questions about these Terms and Conditions, please contact us: