Terms of Service

Terms of Service

These Terms and Conditions of Service (“Terms“, “Terms and Conditions“) govern their relationship (“You“, “Your” or “Licensed“) with Assistive Ltda (together with its subsidiaries, representatives, affiliates and directors, (“Assistive” or “Us” or “Our“) in relation to your access to and use of our website whose address is www.assistive.pt (together with any other associated websites running that we make use of and the Assistive professional services or products which include the Digital Accessibility Interface (“DIA”); Assistive Accessibility Scanning and Monitoring (“Scanner”); Assistive Audits (the “Audit“), Assistive’s AI-Powered Content Moderator (the “Moderator“); and any additional services or products that Assistive may provide, including partner products and services (collectively referred to herein as “Products” and together with the Assistive website, the “Service“). The Service is used on a website or digital content owned or controlled by License (the “License Site”). Licensed“).

Please read these Terms carefully before using the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms, which may be indicated by clicking the “I Accept” or “I Agree” option available in some of the Products, completing the registration process, or using the Services. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not use or access the Service. To agree to these Terms, you must (i) be at least 18 years old or have your parent’s or guardian’s consent to agree to these Terms (in accordance with the provisions of the Children’s Online Privacy Protection Act); and (ii) have the power to form a binding contract with us and not be prohibited from doing so under any applicable law.

Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service, which may be published by Us from time to time. All such additional terms, policies, rules, or guidelines are incorporated herein by reference and shall be deemed an integral part of these Terms.

Non-exclusive license

Subject to the terms and conditions of these Terms, you are granted a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to install and use the Products on the Licensee Site, subject to and in accordance with these Terms (the “License“). Each License applies to one Licensed Site, unless otherwise specified in the applicable Purchase Order. It is clarified that the License does not grant You any ownership rights to the Products or any part thereof. Once the IAD is incorporated into Your website, no additional use may be made of it, and the IAD must not be incorporated into any other domain name or any other website(s) operated by You, unless You have purchased or obtained through Us an additional License for such additional website(s).

You are not permitted to use the Products for purposes other than those detailed above, and you will not make the Service available for any commercial use unless you have received our prior written approval. All rights in and to the Service are expressly granted to You in these Terms, and all intellectual property rights therein are reserved and retained by Assistive without restriction. Without limiting the generality of the foregoing, you agree not to (and not to permit any third party to): (i) sublicense, distribute, or use the Service outside the scope of these Terms; (ii) copy, modify, reproduce, adapt, translate, or create derivative works of the Service or any related documentation; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except as expressly permitted by applicable law in the jurisdiction in which you are located; (iv) rent, lease, license, sell, assign, or otherwise transfer rights in the license, the Service, or any part thereof; (v) Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without Assistive's express written consent; or (vi) use, post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Service.

Assistive Service

Assistive uses commercial efforts to ensure that its products enable the Licensee Site to become compliant with WCAG 2.1 Level AA success criteria (the “WCAG Standard“).

When the IAD is embedded in the Licensee Site, the Licensee Site will become substantially more accessible in accordance with the provisions of the WCAG Standard, with little or no intervention required by Licensee Site administrators, developers and/or end users.

When Scanner violation reports and remediation instructions regarding the applicable scanned and monitored Licensee Site are followed and implemented by administrators or developers of the Licensed Site, such Licensee Site will become substantially more accessible in accordance with the provisions of the WCAG Standard. Without limiting the foregoing, and for the avoidance of doubt, this applies to all code within the scope of the Scanner (HTML) and not to non-HTML items made available on the Licensee Site, such as PDF, Audio, Video, etc.

If you provide us with written notice of any error or deviation from the WCAG Standard, we may assist you in correcting such error or deviation (the “Professional Services“). Any notice of a violation must be as detailed and specific as possible and include reference to the exact component of the Licensee Website that is not accessible. Without limiting the foregoing and for the avoidance of doubt, we undertake to use reasonable commercial efforts to (a) provide you with Professional Services; (b) advise you on how to make Licensed Websites compliant; and (c) address and remedy such violations within the technical capabilities of our products, provided that, in each case, you will be solely responsible for implementing our instructions.

Assistive Support

We will provide you with technical support and assistance with operating the Products during regular business hours and via email, chat, and video conferencing, in accordance with your plan. All such services will be provided subject to timely payment of support fees and will be performed on a commercially reasonable efforts basis, depending, among other things, on the severity of the technical issue reported to Us.

Rules of Conduct

We work to provide the most accurate and up-to-date information possible on the Site.

You may not use the Service in connection with any content that is illegal (in any applicable jurisdiction) or that may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, moral right, or other intellectual property or proprietary right of Assistive or any other third party. You may not use the Service to post unlawful or defamatory information about Assistive or any person without their consent, including any information that is harassing or intentionally inflicts emotional distress. You may not use the Service to send spam messages, including, without limitation, commercial advertising or bulk email. We reserve the right to notify the appropriate law enforcement agency in the event of a violation that constitutes a criminal offense. The prohibited uses detailed above are intended as guidelines regarding inappropriate and inappropriate conduct and should not be construed as an exhaustive list. Generally, conduct that violates law, regulation, or accepted norms of the Internet community is prohibited, whether expressly mentioned in these Terms. We reserve the exclusive right at all times to prohibit activities that damage our commercial interests, reputation and goodwill.

By registering on the Site or using the Products, you agree to be added to our mailing list and receive transactional emails, updates, newsletters, and other promotional or advertising content from Assistive. You also consent to the collection, use, and disclosure of your personally identifiable information, as well as any non-personally identifiable information. We will retain and use this information, as well as Registration Data, in accordance with our Privacy Policy (located at: www.assistive.pt) which is incorporated herein by reference.

Payments

These Terms and the purchase order or any other record of payment for the Service entered into between you and us (collectively the “DUST“) shall be the complete and binding agreement between us and the customer identified in the PO, covering the License to use the Service, and the printed and/or electronic user documentation accompanying the Service, and/or maintenance, support, or other services ordered under the PO, and is effective when executed. In any case of conflict or contradiction between the terms of the PO and these Terms, the PO shall prevail.

Unless otherwise stated, all fees are quoted in Brazilian Reais. Any outstanding balance becomes immediately due and payable upon termination of these Terms, and any collection expenses (including attorneys' fees) incurred by Us will be included in the amount due and may be charged to the applicable billing mechanism associated with You. Unless otherwise agreed in the PO, all fees payable hereunder will be prepaid. Unless otherwise agreed in the PO, all fees payable hereunder do not include local, state, or federal sales, use, income, personal property, VAT, or other similar taxes or duties, including, without limitation, any withholding tax, and any such taxes, to the extent legally applicable, will be borne and paid by You. Any late payment of fees payable hereunder will be borne by interest at the lower of: (i) 1.5% per month; or (2) the maximum rate authorized by applicable law.

Intellectual property

The original content, features, and functionality of the Service are and will remain the exclusive property of Assistive and its licensors. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks, content, designs, and service marks may not be used in connection with any product or service without Assistive's prior written consent.

You acknowledge that some of the Products are AI-based, and that data related to the Licensee Site may be used to train AI models, ML models, or other algorithmic modifications. You acknowledge that the Service includes such AI components and the training models for those components. Without limiting the foregoing, the Service includes training data, training instructions, and algorithms that may be revised during the training process, and you are responsible for ensuring that any third-party data provider requirements are not violated.

The name “Assistive” and any trademarks and/or service marks or symbols are the property of Assistive. Purchasing a License to use the Products does not permit you to use any of the trademarks, copyrights, or service marks for any purpose not expressly contained in these Terms.

Any ideas, requests, feedback, recommendations, error and bug reports, comments, concepts, additional features and other requests or suggestions that you may provide to us in connection with the Service (collectively “Ideas“), will be the property of Assistive. You hereby irrevocably assign and transfer any intellectual property rights in such ideas to us, free of charge. You agree that they will automatically become our property and that we will have the right to use, exploit, implement, adapt, develop, copy, reproduce, publish, license, or assign the rights to such materials and Ideas without any obligation to make any royalties or other payments to You, and without any obligation to credit or notify You. If you intend to retain any intellectual property rights in Your Ideas, please do not submit them to us without our prior written approval. The provisions of this section will continue to apply regardless of the termination of the provision of the Services after the termination of the License, for any reason. The provisions of this section will not derogate or diminish any rights granted to Us under the provisions of any applicable law.

Links to other sites

Our Service may contain links or provide tools that allow you to interact with third-party websites or services (such as Google, Facebook, Twitter, YouTube, etc.) that are not owned or controlled by Assistive.

Assistive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You further acknowledge and agree that Assistive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such sites or services.

You agree that your use of the Service may incur third-party fees, such as fees charged by your carrier for data usage, and you agree to pay all such fees and comply with all these terms. By using the Service, you expressly release Assistive from any and all liability arising from your use of any third-party website or third-party service.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may immediately terminate your use of the Service, without prior notice or liability, for any reason, including without limitation for Your breach of these Terms. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate the Service, You may simply discontinue use of it. Expiration or termination of these Terms shall not relieve You of any obligation intended to survive under these Terms, nor any obligation to pay applicable fees under the PO.

Indemnity

To the extent permitted by applicable law, You shall indemnify, hold harmless, and defend Assistive, its subsidiaries, and their respective officers, directors, employees, agents, and representatives (“User Indemnities“) at your expense, from any and all third party claims, actions, suits and proceedings brought against User Indemnities, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) incurred by User Indemnities, arising out of or relating to (i) Your breach of these Terms; (ii) Your use of the Service; (iii) Your violations of applicable laws, rules or regulations in connection with the Service; (iv) any representations and warranties made by You regarding any aspect of the Service; (v) Any claims made by or on behalf of any third party relating directly or indirectly to Your use of the Service; and (vi) Your violations of Your privacy obligations.

Assistive will provide You with written notice of any claim, suit, or action for which such indemnification is sought. You will cooperate as fully as reasonably required in the defense of any claim. Assistive reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

Disclaimer of Warranties

Your use of the service and any reliance on it, including any action you take due to such use or reliance, is at your sole risk. You do not guarantee that the service will be uninterrupted or free from errors, viruses, or other harmful components. You may make improvements and/or changes to the service at any time. Assistive makes no representations regarding the suitability, reliability, availability, timelines, or accuracy of the service. The service is provided "as is" and "as available," "with all faults," and you disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and are intended only for use by you on the licensee's website for which you have obtained a license.

Assistive, its service providers, agents, and subcontractors do not warrant that: (a) the service will meet your needs or expectations; or (b) that defects, if any, will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you in this regard.

Your sole and exclusive remedy for any failure or non-performance of the Service shall be for you to use commercially reasonable efforts to adjust or repair the Service.

Limitation of Liability

To the extent permitted by applicable law, in no event shall the user be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, or any damages whatsoever, including, but not limited to, loss of use, sales, data, loss of profits, or damage to business, loss of contracts, or loss of customers, even if the user was advised, knew, or should have known that such damages were possible, and even if direct damages do not satisfy a remedy.

You further agree that we will not be liable for any damages suffered by you in connection with data loss, errors, system downtime, network or system outages, communication line failure, file corruption, or service interruptions caused by the negligence of us or our subcontractors and service providers, all in accordance with the theory on which any claim may be based, even if we have been advised of the possibility of such damages.

The user's total accumulated liability to you or any other party for any loss or damage resulting from claims, demands or actions arising out of or relating to these terms shall at all times be limited to the service fees paid by you for the services provided during the two months preceding the circumstances first giving rise to the claim of liability and in the absence of such payment to a sum of r$500.00

Furthermore, you will not be liable for (a) any claim of patent, trade secret, or copyright infringement based on your use of anything other than the most recent release of the Service, if such infringement could have been avoided by using the latest version; (b) the security and integrity of any data or information you store or transmit using the Service or the Internet, including any data or information stored or transmitted by any computer designated as “secure.” You are responsible for immediately reporting to you any problem that may compromise the security or integrity of any user or system participating in the Service; or (c) any claim of patent infringement based on (i) use of the Service in combination with other materials not provided by you where infringement would not have resulted but for such combination; or (ii) modification of the Service by anyone other than you where infringement would not have resulted but for such modification.

You further represent and warrant that you are aware that: (i) your use of the Products cannot guarantee that no claim will be filed against you in connection with the Licensee Site's failure to comply with all requirements under the WCAG Standard; (ii) any discussion with our representatives will not constitute legal advice; (iii) Scanner reports may not accurately reflect all accessibility features, issues, or violations of the site; and (iv) any Professional Services provided (if provided) are provided at your own risk. You expressly waive any claim you may have against us in connection with the foregoing and acknowledge that the consideration paid to us has been calculated also based on your consent to the foregoing waiver.

Legislation

These Terms and Conditions shall be governed by and construed in accordance with Brazilian law, without regard to its conflict of law provisions. The competent courts shall have sole and exclusive jurisdiction over any dispute arising out of or in connection with these Terms and Conditions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. These terms will identify the date the Terms were last updated.

If there is any conflict or inconsistency between the provisions of these Terms and the information appearing on any other pages of the Site, the terms of these Terms will govern.

No waiver; Severability

Our failure to practice or enforce any right or provision of these Terms does not mean that we have waived that right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the remaining provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Publications

Notwithstanding anything contained herein, you authorize Assistive and its affiliates: (i) to use your name, logo, and other applicable trademarks, at any time, on their websites and other marketing promotional materials, presentations, press releases, etc., for the purpose of referencing You as a customer of Assistive; and (ii) to use it as a reference for the Service.

Contact

For more information and clarification, please contact contato@assistive.pt