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Terms of Service

Assistiv Labs ("Assistiv Labs" or "we" throughout these Terms), provides assistivlabs.com, the other websites and services under the assistivlabs.com domain (collectively, the "Sites"), and our SaaS product, tools, and related services (together with the Sites, the “Service”) designed to enable you to test software across a variety of assistive technologies, web browsers, and operating systems. These Terms govern your access to and use of our Services. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Assistiv Labs’s Privacy Policy), and procedures that may be published from time to time by Assitiv Labs (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

Our Service may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.

1. Definitions

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

"Content" means (i) data or content in the that you choose to test; (ii) data you submit or create as part of a test; and (iii) any other data you submit to Assistiv Labs in connection with the use of the Services.

“Test Environment” means virtual machines, physical electronic devices, and device emulators on which you may use the Services to run tests.

“Account-Related Information” means contact information, payment information, and biographical information about your representatives and contacts used for marketing, opening new user accounts to use Services, and to maintain existing accounts.

“Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable living natural person, including but not limited to: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, government identification card number, passport number, or other similar identifiers; (ii) any patient, medical records or other protected or regulated health information; (iii) any financial information (including bank account or payment card numbers) or any other information subject to regulation or protection under specific laws or regulations; or (iv) information defined as “personal information,” “personally identifiable information,” “personal data,” or similar expressions under applicable privacy laws or data security Laws.

2. Your account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a assistivlabs.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication.

2.1 Eligibility

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

2.2 General restrictions

You will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Assistiv Labs); (d) copy or modify the Services or any Documentation, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Services (including any reports or data printed from the Services); or (f) publicly disseminate information regarding the performance of the Services.

3. Your content

3.1 Content rights

As between the parties, you will retain all right, title and interest (including any and all intellectual property rights) that you may have in and to the Content as submitted to or accessed through the Services. Subject to the terms of this Agreement, you hereby grant to Assistiv Labs a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Content solely to the extent necessary to provide the Services to you.

3.2 Storage

Upon termination of a test, the Test Environment will be deleted (or, for physical, non-emulated devices, reset to factory settings). As a result, any Content resident in a Test Environment will be deleted after completion of the test. Notwithstanding the foregoing, certain Content is stored by Assistiv Labs as follows:

  1. Assistiv Labs may retain short-term technical backups as part of providing the Services.

Except as set forth above, the Services do not provide a solution for storage of Content or backups. You agree that your Content shall include only copies of your data, and not any data that you need for backup or archival purpose.

3.3 Your obligations

You will ensure that your use of each Service and all your Content is at all times compliant with your privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. You are solely responsible for the accuracy, content and legality of all your Content. You represent and warrant to Assistiv Labs that you have all necessary rights, consents and permissions to collect, share and use all your Content as contemplated in this Agreement (including granting Assistiv Labs the rights in Section 3.1), and that none of your Content will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights or (ii) any Laws.

You acknowledge that the Services are not designed for use with (and do not require) Personal Information included in Content. You specifically agree not to use the Services to collect, store, process or transmit any Personal Information other than Account-Related Information, and will not submit to the Services any Content containing any Personal Information. Assistiv Labs will have no liability under this Agreement for Personal Information included within your Content, or any security incident or breach regarding such Personal Information, notwithstanding anything to the contrary herein.

You will not use the Services with any Content that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Assistiv Labs’s discretion; (ii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iii) could otherwise cause damage to Assistiv Labs or any third party.

3.4 Indemnification

You agree to indemnify and hold harmless Assistiv Labs, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement.

4. What we own

This is a subscription agreement for access to and use of the Services. You acknowledge that you are obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in this Agreement no ownership rights are being conveyed to you under this Agreement. You agree that Assistiv Labs or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing. Further, you acknowledge that the Services are offered as an on-line, hosted solution, and that you has no right to obtain a copy of any of the Services.

5. Fees, payment, and renewal

Our Services are offered for a reoccuring fee, which we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.

To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

If your payment fails or if Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Services, we may revoke your access to our Services in general.

To ensure uninterrupted service, reoccuring Services are automatically renewed. This means that unless you cancel a Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Services will be renewed for the same interval of time as your original subscription period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.

We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Service.

6. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Assistiv Labs policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your testing uses, or terminate your Services, if we believe your testing’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Assitiv Labs account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, payment, and renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimer of warrenties

Our Services are provided “as is.” Assistiv Labs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Assistiv Labs, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

8. Jurisdiction and applicable law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.

9. Limitation of liability

In no event will Assistiv Labs, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $1 or the fees paid by you to Assistiv Labs under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Assistiv Labs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. Arbitration agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

11. Miscellaneous

The Agreement constitutes the entire agreement between Assistiv Labs and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.