Terms & Conditions
Acceptance of Terms
Please review these Terms carefully before using VisiAble’s services. By accessing or using our services, completing the registration process, or indicating agreement by selecting “I Accept” or “I Agree,” you acknowledge that you are bound by these Terms. If you disagree with any portion, please refrain from using our services. To accept these Terms, you must (i) be at least 18 years of age, or (ii) have parental or guardian consent if younger, and (iii) have the legal authority to enter a binding agreement with VisiAble.
Scope of Use
These Terms also incorporate additional rules, guidelines, or policies specific to the services or features offered by VisiAble. In case of any inconsistencies between these Terms and other pages of the VisiAble website, these Terms shall take precedence.
Limited License for Accessibility Products
Subject to compliance with these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use VisiAble products on your licensed website. Each license applies to one website unless otherwise noted in your purchase agreement. Embedding the widget on additional domains requires purchasing an additional license.
VisiAble reserves all rights not explicitly granted here, including intellectual property rights. You may not use the products for any other commercial purpose without VisiAble’s prior written approval. Prohibited actions include (i) sublicensing, distributing, or using the service outside these Terms; (ii) copying, modifying, or reverse-engineering the service; or (iii) using VisiAble trademarks, logos, or brand assets without express written consent.
Digital Goods License
When purchasing VisiAble’s digital content or services, you receive a license to use the digital products, not ownership. VisiAble may revoke or adjust your license if necessary to maintain compliance or to align with these Terms.
Accessibility and WCAG Compliance
VisiAble’s products aim to support WCAG 2.1 AA standards compliance. When integrated into your site, the VisiAble Widget provides accessibility enhancements. The AI-powered widget improves accessibility in line with WCAG guidelines, while our Scanner identifies violations for remediation by your team.
Errors reported in line with WCAG standards may be submitted in writing, specifying the exact accessibility issue. VisiAble will use commercially reasonable efforts to guide you on resolving such violations, although final implementation remains your responsibility.
VisiAble Support Services
We offer technical support via email, chat, and video conferencing during regular business hours to assist you in operating our products. Support is provided based on reasonable commercial efforts and subject to the timely payment of any applicable support fees, with assistance prioritized according to the severity level of the reported issue.
Conduct Guidelines
We strive to ensure the accuracy and currency of all information on the VisiAble website.
When using our services, you agree not to engage in activities that may infringe on any intellectual property rights or promote unlawful behavior. The service may not be used for posting defamatory content or sharing information without consent. Additionally, sending unsolicited or commercial messages (spam) is strictly prohibited. If criminal activities are detected, VisiAble reserves the right to notify law enforcement.
The above conduct guidelines provide a baseline for appropriate use of our services, but VisiAble reserves the right to prohibit any activity that may harm our interests, reputation, or goodwill.
You may not misrepresent content generated by VisiAble services as human-generated. Additionally, do not submit any personal information of individuals under the age of 13 or the relevant age of digital consent for your region.
By registering or using VisiAble’s products, you consent to receive VisiAble’s updates, newsletters, and promotional content. You also agree to our collection, use, and disclosure of your personal information, as detailed in our Privacy Policy, which is incorporated herein by reference.
Confidentiality and Insider Information
While using VisiAble products, you may not trade in VisiAble securities based on material, nonpublic information. Trading on insider knowledge is both illegal and against our policy. You also agree not to “tip” others with any confidential information that could influence investment decisions.
Geographical and Legal Compliance
By using VisiAble services, you confirm that you are not located in any jurisdiction subject to trade sanctions or embargoes enforced by the United Arab Emirates or any applicable international laws and regulations.
Privacy and Data Usage
In using VisiAble services, you agree to comply with our Privacy Policy. Avoid providing personal identifiable information (PII) when using VisiAble services. PII includes names, addresses, social security numbers, email addresses, and other identifiable information. VisiAble may retain content you submit solely for service improvements, and no personal information will be published.
You are responsible for ensuring compliance with privacy laws and regulations relevant to your area, including data protection and privacy requirements.
VisiAble disclaims responsibility for any breaches of privacy laws or regulations due to misuse of the services. You accept full responsibility for any legal consequences arising from the improper use of the service, including any PII disclosures.
For VisiAble Partners, Affiliates, and Resellers
VisiAble partners, affiliates, and resellers agree to the following:
- All necessary permissions have been obtained from customers to access and use data regarding website compliance and usage statistics.
- Customer permissions have been obtained for any PII and other data required to manage the services.
- Partners, affiliates, and resellers agree to uphold data privacy and protection laws and to implement appropriate security measures to protect customer data.
These permissions and consents are essential for effective service provision by the partner or reseller.
Payments
These Terms, along with the purchase order (or any other record of payment for the Service) between You and VisiAble (collectively, the “PO”), form the complete and binding agreement between Us and the customer identified in the PO. This agreement covers the license to use the Service, the accompanying printed or electronic documentation, and any maintenance, support, or other services ordered. If there is any conflict between the PO and these Terms, the PO will prevail.
Unless otherwise specified, all fees are quoted in U.S. Dollars or UAE Dirhams. Upon termination of these Terms, any outstanding balance becomes immediately due. Any collection expenses, including attorneys’ fees, may be added to the amount owed. All fees are typically prepaid unless otherwise specified in the PO. Fees do not include applicable local, state, or federal taxes (sales, use, VAT, etc.), which remain Your responsibility. Any payment delay may incur extra charges at the lesser rate of 1.5% per month or the maximum rate allowed by law.
By providing payment details, You authorize VisiAble to process payments per Your subscription plan. If an initial attempt fails, VisiAble is permitted to make additional attempts, including processing reduced amounts or using alternate methods to settle the balance. Subscriptions renew automatically using the designated default payment method. If full payment cannot be processed, VisiAble reserves the right to bill a prorated or monthly amount as deemed appropriate.
VisiAble is not liable for any transaction, overdraft, or insufficient fund fees charged by Your financial institution due to our payment attempts.
Refund Policy
If You are not satisfied with the Service, You may cancel within 14 days from the start of Your subscription. Requests must be sent to support@visiable.ai and include Your full name, the domain name for cancellation, and a copy of the PO or payment confirmation. VisiAble may apply a cancellation fee as permitted by law. After the 14-day period, cancellations are no longer eligible for a refund.
Intellectual Property
The Service’s original content, features, and functionality remain the exclusive property of VisiAble and its licensors, protected by copyright, trademark, and other laws. VisiAble’s trademarks, content, designs, and service marks may not be used without prior written consent.
The Service includes AI components that may use data from Your site for model training. You acknowledge that training data, algorithms, and any revisions in these processes are part of the Service, and You must ensure compliance with any relevant third-party data requirements.
The name “VisiAble” and any associated trademarks or service marks are VisiAble’s property. Purchasing a license does not grant permission to use these marks for purposes not expressly outlined in these Terms.
All feedback, suggestions, or other input provided to VisiAble about the Service (“Ideas”) are VisiAble’s property. You hereby assign all intellectual property rights to VisiAble, allowing us to use, adapt, develop, or publish these materials without any obligation to pay royalties or provide credit to You. If You wish to retain any intellectual property rights in Your Ideas, please refrain from submitting them without prior written approval. This clause remains effective even if Your Service access ends.
Links to Other Websites
Our Service may contain links to third-party sites or tools that allow You to interact with other platforms (e.g., Google, Facebook). VisiAble does not control these sites and is not responsible for their content, privacy practices, or any resulting damage or loss. You agree to pay any applicable third-party fees incurred through Your use of the Service and relieve VisiAble from a related to third-party services.
Termination
We may terminate Your access to the Service at any time, without notice, if these Terms are breached. Upon termination, Your right to use the Service will end immediately. If You wish to terminate the Service, You may do so by discontinuing its use. The expiration or termination of these Terms does not relieve You of any obligations that survive termination, including payment of fees due per the PO. Unless You terminate Your subscription at least 60 days before the renewal date, the Service will automatically renew, and all original agreement terms will apply unless amended in writing.
Indemnification
You agree to protect, indemnify, and defend VisiAble, including its subsidiaries and personnel, against any third-party claims, damages, liabilities, and associated costs (such as attorney fees), arising from:
- Violations of these Terms by you.
- Your engagement with the Service.
- Any legal infractions in connection with your Service usage.
- Assertions you make regarding any aspect of the Service.
- Claims by third parties related to your Service usage.
- Privacy-related violations stemming from your actions.
VisiAble will inform you in writing of any claim. You must assist in the defense, although VisiAble reserves the right to lead the defense and control proceedings.
Disclaimer of Warranties
The Service and related products are provided on an “as-is” and “as-available” basis, with no guarantee of continuous, error-free, or virus-free operation. VisiAble disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. While VisiAble may update or improve the Service, its accuracy, security, and suitability cannot be guaranteed. You use any provided code at your own risk, and VisiAble assumes no responsibility for potential issues, intended functionality, or outcomes of using the Service or related code.
Your sole remedy is for VisiAble to make commercially reasonable efforts to adjust or repair the Service if any issues arise.
Limitation of Liability
To the maximum extent permitted by law, VisiAble will not be liable for direct, indirect, incidental, consequential, punitive, or special damages, including losses related to data, sales, or business interruptions, regardless of any advisement on the possibility of such damages. VisiAble’s liability is limited to the fees paid by you in the previous six months.
Arbitration and Class Action Waiver
Disputes arising out of or related to these Terms or the Service will be resolved exclusively through binding arbitration per UAE rules. Arbitration is on an individual basis, and participation in class or representative actions is waived. Parties are responsible for their legal costs unless specified otherwise by law.
Governing Law
These Terms are governed by the laws of UAE, without consideration of its conflict of laws principles. Both parties waive any right to a jury trial in any dispute arising out of or connected to these Terms.
Our decision not to enforce any provision of these Terms does not waive our right to enforce it in the future. If any part of these Terms is deemed unenforceable by arbitration or a court of law, the rest of the Terms will continue to remain in effect. Together, these Terms form the complete agreement between us regarding our Service and replace any prior agreements related to the Service.
No Waiver; Severability
Should we not exercise or enforce any provision of these Terms, this does not constitute a waiver of our right to do so in the future. If any provision of these Terms is found to be invalid or unenforceable, the other provisions will still apply. Any invalid provision will be adjusted to remain valid and enforceable under the law.
Publications
Notwithstanding anything contained herein, You hereby authorize VisiAble and its affiliates: (i) to use Your name, logo and other applicable trademarks, at any time, on their websites and other promotional marketing materials, presentations, press releases, etc., for the purpose of referencing You as a customer of VisiAble; and (ii) to use You as a reference for the Service.
Changes
We may, at our discretion, modify or update these Terms at any time. By continuing to access or use our Service after any changes take effect, you agree to be bound by the new terms. If you disagree with the updated terms, please discontinue using the Service.
Contact
For questions or further clarification, please reach out at support@visiable.ai.
