Web Accessibility Plugin Terms and Conditions
Introduction
Ally Web Accessibility Plugin by Elementor is a tool designed to help you enhance the accessibility of your website.
By using our services, you agree to comply with these terms and conditions, please read them carefully. If you do not understand and/or agree to these terms, you should immediately cease making any use of the Ally Web Accessibility Plugin (the “Plugin”).
“Elementor” means Elementor Ltd., including our subsidiaries and affiliates worldwide (“Elementor”, “we”, “our” or “us”).
Eligibility
When registering for the Plugin services, we may authenticate your identity through different third-party services, but it may require additional identification.
Accessibility Statement Disclaimer
Our Accessibility Statement Generator is provided as a tool to assist you in creating a customized accessibility statement for your website. However, the generated statement should be reviewed and tailored to ensure it accurately reflects your website’s specific accessibility practices and compliance efforts.
We do not guarantee that the use of the Plugin will render your website fully compliant with any specific accessibility laws, regulations, or standards, including but not limited to the Web Content Accessibility Guidelines (WCAG). It is solely your responsibility to ensure that your website meets all applicable accessibility requirements. We recommend consulting with qualified accessibility professionals to achieve compliance.
User-Provided Content
When you use the Plugin, you retain ownership of the content. However, you grant us and our service providers the right to scan, process, modify, and store this content as necessary to provide the service to you.
Platform Usage
The Plugin may offer a free version and a paid version, as outlined on our pricing page. Upon payment for the paid version, in accordance with the terms outlined herein, enhanced access is granted. We reserve the right to change the charge terms and to modify all our plans at our sole discretion.
Limitations on Usage
To maintain the efficiency and fairness of our services, we may cap or limit your usage of the plugin and the number of websites and pages being scanned via our services. We may notify you of any excess usage. We reserve the right to apply these limitations to ensure a positive experience for all users and to prevent abuse of the system. Exceeding these limits may result in temporary or permanent restrictions on your account.
Opening an Account
Upon installation, you are required to sign up and create an Elementor account or connect your current Elementor account. You are solely responsible for all actions with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorized access to your account, you must immediately notify us, so that we can work together to fix the issue. Consequently, we disclaim any liability for any loss or damage incurred due to unauthorized use by a third party.
Ally Widget
The Accessibility Widget is a tool designed to enhance website usability for individuals with disabilities. It offers a range of features to improve website accessibility including but not limited to text increasing, color contrast control, and more. The widget must be used reasonably and in compliance with our Acceptable Use Policy. Failure to adhere to these standards may result in limitations or suspension of your access to this feature.
Payment and Billing
If you choose to purchase the paid version of the Plugin, you agree to pay the specified fees as detailed on our pricing page.
You grant us the authority to collect fees using any payment method we have on file for you. We reserve the right to increase the prices or add new fees after providing you an advance notice and you will have the option to accept or cancel your subscription.
In the event of a failed payment, we may attempt to retry the charge on your credit card multiple times within a reasonable period. If all retry attempts fail, your subscription may be suspended or canceled, and you will be notified accordingly.
Payments made are non-refundable. The quota shall be determined according to our pricing plans.
Billing Information
To subscribe and make payments, you must provide accurate, complete, and up-to-date billing information. This may include details such as name, billing address, and payment methods. You are responsible for ensuring the confidentiality of your billing information and must promptly update any changes to avoid disruptions to the subscription service. Inaccurate or outdated billing information may result in payment issues and potential suspension of access to the Plugin.
Support
When you choose to purchase a paid version, it will include support services for the Plugin, we provide support to the account owner. Support may be tailored to the specific plan you buy, delivered on a reasonable commercial effort basis. We strive to respond to support issues promptly, as outlined in your specific plan. However, please note that support doesn’t cover issues caused by negligence or misuse, and downtime due to factors beyond our control.
Automatic Renewal
The paid subscription of the Plugin is set to automatically renew at the end of each billing cycle. You will be charged the applicable fees using the payment information on file unless you choose to cancel your subscription. You can cancel your subscription at any time but please note that cancellations will take effect at the end of the current billing cycle. No refunds will be provided for the remaining period if a subscription is canceled in the middle of a billing cycle.
Termination
We may terminate your access to the Plugin, as well as any plans and services, at any time and for any reason at our discretion, including but not limited to a violation of these terms, with or without notice. Upon termination, you shall immediately cease using the services.
Any clause that includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay fees, if applicable.
We shall not be liable for any damage caused to you or any third party as a result of terminating these Terms or by suspending or otherwise limiting your use of the services.
Intellectual Property
We own all the aggregative data generated through our platform and reserve the right to use it at our sole discretion for any purpose.
Any form of exploitation, whether for commercial purposes or not, including but not limited to uploading or downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation, or representation, in whole or in part, of the Plugin or any of its component features, through any existing or future means or process, on any existing or future medium, without prior written authorization, is strictly prohibited. Such actions may result in legal prosecution, including, but not limited to, charges related to infringement, and unfair competition, as punishable under applicable regulations.
Aggregated Data: We may gather and generate aggregated data from user data that does not identify the user, any third-party entity, or any individuals. Elementor is permitted to use and disclose this aggregated data for its legitimate business purposes, including but not limited to improving services, developing new products and services, conducting research, and marketing. Furthermore, Elementor may collect and analyze user marketing content to enhance and refine the Services and for various development, diagnostic, and corrective purposes.
DISCLAIMER
THE PLUGIN BY ELEMENTOR IS PROVIDED AS A TOOL TO ASSIST YOU IN ENHANCING THE ACCESSIBILITY OF YOUR WEBSITE. WHILE THE PLUGIN IS DESIGNED TO HELP MEET ACCESSIBILITY STANDARDS, COMPLIANCE WITH APPLICABLE LAWS IS ULTIMATELY YOUR RESPONSIBILITY.
ELEMENTOR DOES NOT GUARANTEE THAT THE USE OF THE PLUGIN WILL RENDER A WEBSITE FULLY ACCESSIBLE OR COMPLIANT WITH ALL APPLICABLE LAWS OR STANDARDS. WE ENCOURAGE YOU TO CONSULT WITH LEGAL OR ACCESSIBILITY PROFESSIONALS TO ENSURE YOUR WEBSITE MEETS THE NECESSARY REQUIREMENTS.
THE PLUGIN IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ELEMENTOR SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE PLUGIN.
Limitation of Liability
We commit to ensuring the optimal functioning of the Plugin through diligent efforts. We pledge to exercise due care and diligence, adhering to industry practices and the current state of technology, to deliver a high-quality data optimization service. You acknowledge that fluctuations in bandwidth and contingencies related to internet service providers’ registrars may interrupt access to the optimization service offered by us, events beyond our control.
We are not liable for any direct or consequential damages, including financial losses such as loss of profits, unless such damages arise from our negligence or willful misconduct. Under any circumstances, our liability is capped at the payment of damages, not exceeding the total amount paid by you when placing the order within the last 12 months.
Your Obligations and Responsibility
You are responsible for testing the Plugin on your website to ensure its proper functionality and to assess its impact on your site’s accessibility. We recommend conducting comprehensive evaluations, including user testing with individuals with disabilities, to identify and address any accessibility issues.
You are solely responsible for the content you use in the Plugin. By using the Plugin, you affirm that you have the legal right to use, upload, and process the content. This includes ensuring that the content does not infringe on any copyrights, or trademarks of any third party violate any laws or regulations, or contain harmful elements such as viruses, malware, destructive content, etc. You are solely responsible for ensuring your website is properly accessible by any applicable law. Ensuring compliance with applicable laws is solely your responsibility.
Your Warranties
You represent and warrant to us that:
You have and will have at all times, all rights, licenses, and consents required for your use of the Plugin. You will comply with all applicable laws, rules, and regulations. You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and is not listed on any U.S. Government list of prohibited or restricted parties. You were not previously prohibited by us from entering into an agreement with us nor was your account and/or Elementor’s services and/or use of the Plugin previously blocked, suspended or terminated by us for any reason.
No Warranty Clause
The Plugin is provided ‘as is’ without any warranties, express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the plugin will meet your requirements or that its operation will be uninterrupted or error-free.
Abusive Users
We believe that our users have every right to be heard, understood, and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behavior towards our staff. Abusive or aggressive behavior includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, slander, derogatory remarks, and rudeness. Unacceptable behavior as described above may cause us to decide to, by our sole discretion: (i) Terminate all direct contact with such users. (b) Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, and any other action we deem necessary.
Notification of Violations
If we become aware of any violations of these terms related to your uploaded content, we may notify you and request corrective action. Failure to address such violations may result in the termination of your access to the Plugin.
Marketing Communications
By subscribing to the Plugin, you consent to receive marketing emails from us. These communications may include information about product updates, promotional offers, and relevant announcements. You have the option to unsubscribe from these marketing emails at any time by following the instructions provided in the emails. Please be aware that even if you choose to unsubscribe from marketing communications, you will still receive transactional and essential service-related emails.
Modifications to Terms
We reserve the right to modify, update, or change these terms at any time. Notice of significant modifications will be provided through the Plugin interface or by other means of communication. It is your responsibility to review these terms periodically. Continued use of the Plugin after modifications constitutes acceptance of the updated terms. If you do not agree with the modifications, you have the option to discontinue using the Plugin.
Indemnification
You agree to indemnify, defend, and hold harmless Elementor, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, or expenses, including reasonable attorneys’ fees, arising out of your failure to comply with these terms, including but not limited to claims related to copyright infringement, regulatory violations, or the presence of harmful elements in your content.
Advertising
Our services may display ads. Nonetheless, we do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
Privacy
Our Privacy Policy outlines how we collect, use, and protect your personal information and your clients’ data. By using the Plugin, you agree to the terms of our Privacy Policy. Please refer to our Privacy Policy for detailed information on how we handle data.
Where applicable, Elementor is the data processor of its Plugin Users’ visitors and users’ data, which we process on behalf of our Plugin Users, who are the data controllers of such data. Such processing will be in accordance with the Elementor Plugins Data Processing Agreement (“DPA”). In these instances, our Service Providers processing such data will assume the role of sub-processors.
For the avoidance of doubt, each Plugin User is solely responsible for providing adequate notice to their visitors and users whose personal data may be processed – including sufficient reference to the processing of their personal data via the Plugin, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under any applicabl laws.
Trademark Guidelines
For detailed information regarding the usage of trademarks associated with the Plugin, please refer to our Trademark Guidelines, which are available here. By accessing and using the Plugin, you acknowledge and agree to comply with the guidelines outlined therein. Any unauthorized use of trademarks is strictly prohibited, and we reserve the right to take appropriate legal action in the event of infringement.
Cookies
We use cookies in order to provide, maintain, and improve our website; optimize our offerings and marketing activities; and provide our visitors and users with a better experience. For detailed information on the types of cookies we utilize, their duration, and instructions on how to reject or remove cookies, please refer to our Cookie Policy.
Governing Law
These terms are governed by and constructed in accordance with the laws of Israel, and any disputes will be subject to the exclusive jurisdiction of the courts of Tel Aviv-Yaffo.
Contact Information
For any questions or concerns regarding these terms, please contact us at [email protected].
Entire Agreement
These terms and conditions constitute the entire agreement between you and Elementor regarding the use of the Plugin.