Accessibility Keeper End User License Agreement (EULA)

Acceptance of Terms

This Agreement does not have to be signed in order to be binding. This Agreement is effective as of the date the Customer registers to use the Product (“Effective Date”). Customer use of the Product is subject to this Agreement. By registering to use the Product, the Customer acknowledges and agrees to be bound by the terms of this Agreement.

License Grant

Eficode grants the Customer a non-exclusive, non-transferable, and limited license to use the Product solely for the purpose of assessing the accessibility of web services. The Customer may only use the Product in accordance with the terms set forth in this Agreement.

Pricing and Payment

The Product is provided as a free trial subscription containing limited access to the product (“Trial Subscription”). No fees will be charged during the Trial Subscription. Once the trial quota has been used, access to the Product may be terminated unless a paid license is purchased. We reserve the right to terminate the Trial Subscription at any time without notice.

Term and Termination

Once the quota of the Trial Subscription has been used, the subscription may be terminated and the use of the Product may only be continued by a paid subscription, subject to separate agreement between the Parties. Upon termination, the Customer’s access to the Product shall be restricted.

Ownership and Intellectual Property

The core of the Product is based on the open-source software axe-core, licensed under the Mozilla Public License 2.0 (MPL 2.0). This license can be reviewed at the following link: MPL 2.0 License.

The Customer acknowledges that the Supplier does not own the core of the Product, as it is derived from open-source software. The Supplier’s ownership is limited to any modifications, enhancements, or proprietary additions made to the core by the Supplier.

All intellectual property rights in the Product, excluding the open-source core, belong to Eficode Oy.

No Support or Consultation Included

This Agreement does not include any support or consultation services. Any such services may be provided separately under a different agreement and may be subject to additional fees as agreed separately between the Parties.

Limitation of Liability

To the fullest extent permitted by applicable law, Eficode Oy shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or use, incurred by the Customer or any third party, whether in an action in contract or tort, arising from or related to the use of the Product. In no event shall Eficode’s total liability arising from or relating to this Agreement exceed one thousand Euros (1000 EUR).

Personal Data

By using Accessibility Keeper, the User agrees to the Eficode Privacy Policy. No personal data is processed or stored outside the European Union or the European Economic Area by Eficode

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of laws principles.

Any disputes that may arise from this Agreement shall primarily be settled in negotiations between the Parties. Should the Parties be unable to come to an agreement, any disputes shall be resolved by arbitration in Helsinki using a sole arbitrator assigned by and following the arbitration rules of the Finland Chamber of Commerce. The language of the arbitration shall be English. The use of interpreters shall be allowed. Evidence may be submitted in local language or English.

Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the use of the Product and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

Modifications

The Supplier reserves the right to modify this Agreement at any time. The Customer will be notified of any changes, and continued use of the Product after such modifications constitutes acceptance of the amended terms.

By using Accessibility Keeper, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.