About Polodaai
POLODA AI is an in-house product of Polosoft Technologies. All the rights are reserved by Polosoft
Technologies.
These Terms of Service (“Terms”) are a legally binding agreement between you and Polosoft technologies.LLC,
and its affiliates (“Company”, “our”, “we”, or “us”) that govern your access and use of our tool POLODA AI,
Polosoft’s accessibility solution whose website available at https://www.POLODAAI.com ( “Website”) and any
other software, features, products, content, and services that we may provide to you at any time
(collectively, “Services”). By accessing or using the Services, you acknowledge that you have read,
understood, and agree to be bound by these Terms.
By entering into these Terms, and/or by accessing or using the Services, you consent to our access,
collection, use, and disclosure of your personal information as outlined in our Privacy Policy (“Privacy
Policy”) which is incorporated herein by reference.
If you do not agree to be bound by the provisions of these Terms or if you do not have the legal authority to
accept them on behalf of the entity you represent, you may not use or access the Services.
These Terms apply to all users of the Services, as follows (each of which shall be referred to as
“user” or “you”):
We collect various types of information, including Personal Information, when a Licensee/Partner/Reseller
(each a “Customer”) including individuals acting on their behalf, or an individual that visits the
Website or accesses and uses certain Services as specifically set forth in this Privacy Policy.
01“Customer”: any individual or entity that uses POLODA AI purchases a
license to use the Polosoft Technologies Solution (whether directly or indirectly via a Partner), or
access or use any other Services.
02“Partner”: any individual or entity that: (a) signed up and
participates in the Company’s Partner Program, or (b) signed a separate Reseller Agreement with the
Company (“Reseller Agreement”) to distribute and sell licenses of the Polosoft’s Solution to
Customer(s).
03“End User”: any individual that accesses and uses the Website or uses
one of the products offered on a Customer Website (as defined below).
If you are entering into these Terms on behalf of a legal entity, you represent that you have the
authority to bind such entity to these Terms, in which case the term “you” will refer to such entity. if
you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms
and may not use the Service. By clicking a box indicating your acceptance of these Terms, you agree you
have read and are bound by the terms of these Terms.
The Services are intended for use by individuals who are of the legal age required to form legally
binding contracts under applicable law and in no event under the age of 18. These Terms are void where
prohibited by law and the right to access and use the Services is not granted in such jurisdictions. By
using the Services, you represent and warrant that you are 18 years of age or older. If you are not 18
years of age or older, you must not access or use any of the Services. In no circumstances are the
Services available to any person or entity who have had their User Account (as defined below)
temporarily or permanently deactivated, or any person or entity that seeks to use the Services in
violation of these Terms.
The Purpose Of Our Services
These Terms apply to all users of the Services, as follows (each of which shall be referred to as
“user” or “you”):
We collect various types of information, including Personal Information, when a Licensee/Partner/Reseller
(each a “Customer”) including individuals acting on their behalf, or an individual that visits the
Website or accesses and uses certain Services as specifically set forth in this Privacy Policy.
01 The purpose of the Services is to provide you with information and
software solutions that will assist you in making your websites accessible in accordance with the Web
Content Accessibility Guidelines version 2.1 (“WCAG”) at the AA level success criteria and with the
Americans with Disabilities Act (“ADA” and together with the WCAG, “Standard”).
02 The Polosoft Technologies Solution is provided on a “Software as a
Service” (“SaaS”) basis and as such you need to purchase a license to use it.
03 The Polosoft Technologies Solution comprises of two components, one
which is an interface that addresses UI and design-related adjustments on the Customer Website, and the
second which is the AI-powered background process that addresses the more complex requirements of the
Standard - optimization for screen readers and for keyboard navigation of the website for which Customer
purchase a license to use the Polosoft Technologies Solution (“Customer Website”).
04 You acknowledge that the following items are not supported by the
Polosoft Technologies Solution: (i) URL parameters are not treated as pages, files, and/or images and
therefore if you have URLs that can only be accessed using URL parameters, you acknowledge and agree
that the Polosoft Technologies Solution will not process them (i.e., they shall not be made accessible);
(ii) documents, PPT, EXCEL, WORD, PDF, audio, video, SVG, embedded content; and (iii) Canvas, Flash. If
you would like to have these types of files and content made accessible on your Customer Website, we
have additional services such as BeFiles, BeMedia, and BeConsulting that may fit your needs. Please
contact us at info@polosoftech.com and we will be happy to assist you with these services for an
additional fee. You can find additional information about these services here:
https://www.polosoftech.com/
05 As a Customer or Partner, you will be required to register for and
create (or update) an active personal user account (“User Account”). When you register for a User
Account, you will be asked to provide us with certain personal information such as your full name, email
address, and phone number, which will be used to create your User Account and to create a password. You
are solely responsible for maintaining the confidentiality of your User Account. You are not allowed to
share your registration login credentials or give your login credentials to anyone else. You will have
the ability to create sub-User Accounts for your employees and subcontractors (“Your Personnel”) via
your User Account. These sub-User Accounts will also require Your Personnel to provide the foregoing
personal information. You are also solely responsible for any activities that occur under your User
Account (including sub-User Accounts) including those of Your Personnel. You agree: (a) to provide and
maintain true, accurate, complete, and up-to-date information in your User Account, and (b) not to
misrepresent your identity or provide false identity. You agree to notify us, immediately if your User
Account has been compromised, or if you have reason to believe that it has been compromised. You further
represent and warrant that you will not transfer or assign your User Account to any third party, even
temporarily.
06 If you access and use the Polosoft Technologies Solution in
accordance with your engagement with a Partner, then to the extent there is any conflict between these
Terms and the agreement entered between you and the respective Partner (“Partner Agreement”), as between
you and Company, these Terms shall prevail. Any rights granted to you in the Partner Agreement which are
not contained in these Terms, apply only in the connection you’re your engagement with the applicable
Partner. Therefore, you must seek redress or realization or enforcement of such rights solely with the
applicable Partner and not the Company.
07 If you use the Polosoft Technologies Solution and wish to receive our
assistance in defending against a third-party claim relating to the levels of accessibility of your
Customer Website, then you need to provide us with written notice thereof and provide us with all
reasonable information as may be required by us to provide our assistance to you, including the
demand/complaint letter you received and your correspondence with the third party that sent you the
demand/complaint letter. We will only use the information you provide for the purposes of providing you
with our technical and professional assistance and not as legal services. Once we receive your
information, we will review it and will provide you with relevant documentation and/or materials to
demonstrate the accessibility features implemented on the Customer Website ("Litigation Support
Package”). If you choose to provide us with the above information via email, a dedicated support email
thread will be used to handle your request, communicate with you, and provide you with the Litigation
Support Package. You acknowledge and agree that if you send us any emails, not as part of the dedicated
support email thread, these emails may be overlooked and/or may not be addressed. It is your
responsibility to ensure that any communication with us concerning the Litigation Support Package is
made only via the dedicated support email thread. You agree that if you choose to receive the Litigation
Support Package then it will be deemed part of the Services and be subject to all terms and conditions
of these Terms. You acknowledge and agree that the provision of the Litigation Support Package is
provided as assistance only and you must consult with your legal representative should you wish to use
it as part of your defence against a third-party claim.
08 Customer acknowledges that the installation of the Polosoft
Technologies Solution in its Customer Website does not and cannot guarantee that Customer shall not
receive letters regarding non-compliance of its Customer Website with the Standard. The Company has no
control over the actions or activities of third parties who may send Customers such letters however,
Company will assist by providing you with the Litigation Support Package.
09 Company may, at any time and its sole discretion, develop and provide
updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or
new features or modifications or discontinuation of existing features (collectively, “Updates”). You
agree that Company has no obligation to provide Updates or to continue to provide or enable any
particular features or functionality. You agree that all Updates will be deemed part of the Services and
be subject to all provisions of these Terms. The Service's availability and functionality depend on
multiple factors. We do not warrant or guarantee that the Services will operate and/or be available at
all times without disruption or interruption, or that it will be immune from unauthorized access or
error-free. We reserve the right at our sole discretion to modify, correct, amend, enhance, improve,
remove, make any other changes to the Services (or any part or feature thereof) without notice, at any
time, and at our sole discretion. The Services and their operation and certain features available
therein may also be dependent on the network you use, and the content formats supported. You will have
the right to terminate these Terms if we make any material changes to the Services that you do not agree
with.
10 The Polosoft Technologies Solution and/or POLODA AI are not legal
services. You acknowledge that the Company does not provide legal advice or services; rather the Company
is a technological service provider that enables websites using the Polosoft Technologies Solution to be
accessible for users with disabilities from a technical perspective. You agree to contact your attorney
to obtain advice on your Customer Website(s) compliance with applicable law, rules, and regulations,
including the Standard. You are solely responsible for all actions taken or not taken by you in
connection with the Standard and all liability with respect thereof is hereby expressly disclaimed by
us.
Acceptable Use
You and Your Personnel (or anyone on your behalf) will not: (i) impersonate another person or entity,
defame, abuse, harass, threaten, or otherwise violate the legal rights of others, including privacy and
intellectual property rights; (ii) remove, disable, circumvent, or otherwise create or implement any
workaround to any intellectual property rights, rights management, or security features in or protecting
the Services or any part thereof; (iii) make the Polosoft Technologies Solution or POLODA AI available
on a network where they may be accessed by any third party; (iv) use the Services on or in connection
with any website which is or promotes obscene, excessively profane, racist, ethnically offensive,
threatening, infringing, excessively violent, libellous, gambling-related, or discriminatory, offensive,
misleading or deceptive; (v) change, edit, add to, copy or extract any content from or produce summaries
of the Services or any part thereof other than as expressly provided herein; (vi) attempt to interfere
with or disrupt the Services, or attempt to gain access to any systems or networks that connect thereto;
(vii) use the Services in any unlawful manner, for any unlawful purpose, or in any manner contrary to or
inconsistent with these Terms or applicable law; (viii) use POLODA AI in any manner that may damage,
disable, overburden or impair it in any manner; and (ix) create or attempt to create a substitute or
similar service or product through your use of the Services. We reserve the right to investigate and
take any appropriate action against anyone who, in our sole discretion, violates the foregoing
including, terminating or suspending your User Account or access to the Services without prior notice,
and/or reporting such activities to the authorities.
Intellectual Property; License
A The Services, the technology and software underlying the Services or
distributed in connection therewith (“Software”) and any Company content, information, graphics files,
media and audio files, materials, including designs and graphics (collectively, “Content”) including the
Company databases, systems and applications, and all upgrades, updates, corrections, and enhancements
thereto and all copyrights and other intellectual property rights related thereto (collectively,
“Company IP”) are the property of Company, its affiliates and its licensors, and Company, its
affiliates, and licensors retain all right, title, and interest in and to the Company IP., Any use of
the Company IP other than as specifically authorized herein is prohibited. All use of the Company IP
shall inure to the benefit of the Company, its affiliates, and licensors. All rights in the Company IP
that are not expressly granted herein are reserved by Company, its affiliates, and licensors. Except as
expressly authorized by Company, you agree not to (i) use, modify, copy, frame, mirror, adapt, scrape,
or create derivative works based on the Company IP, in whole or in part; (ii) rent, lease, loan, sell,
distribute, assign, lease, sublicense, or otherwise transfer any right in the Company IP; or (iii)
disassemble, decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source
code or otherwise transfer any right in the Company IP.
B The Company name and logos are trademarks and service marks of the
Company (collectively, “Company Marks”). Nothing in these Terms should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Company Marks, without our prior
written permission in each instance. You acknowledge that we are the owner of the Company Marks,
including all goodwill associated therewith, and that your use of the Company Marks will confer no
additional interest in or ownership of the Company Marks in you but inures to our benefit. You agree
that you will not in any way modify, alter or tamper with any proprietary marks, copyright notices, or
other notices, or the Company Marks, that may be provided and/or displayed through the Services. All
other company, product, and service names and logos used and displayed via the Services may be
trademarks or service marks of their respective owners who may or may not endorse, be affiliated with,
or connected to Company.
C Subject to the provisions of these Terms, Company hereby grants you a
limited, revocable, non-exclusive, non-sublicensable (unless agreed otherwise with us, in writing),
non-transferable, and non-assignable (unless agreed otherwise with us, in writing) license, during the
term hereof (“License”), to access and use the Services and the Content (as applicable), in each case
strictly in accordance with these Terms and solely for your legitimate business use. You may not make
any commercial use of the Services and the Content without our prior written consent. You may only use
the Services and the Content as permitted by these Terms. The License granted to you hereunder may be
terminated immediately, without notice, if you breach the provisions of these Terms. The Services and
the Content are licensed and not sold to you. You do not acquire any ownership interest in the Services
and the Content under these Terms, or any other rights thereto other than the right to use the Services
and the Content in accordance with these Terms. You acknowledge and agree that: (i) each Customer
Website requires the use of a separate License and as such you may not use the same License on more than
one Customer Website; and (ii) you may not transfer a License used on a certain Customer Website to
another website, whether owned by you or not without our express written consent. Your User Account must
accurately reflect your Customer Websites on which you use the License(s). The company may suspend your
access to the Polosoft Technologies Solution if you breach the provisions of this Section 3.
D Subject to the provisions of these Terms, Customer hereby grants to
Company a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free,
fully paid, license during the term hereof to: (i) access and use the Customer Website solely as
required to provide Customer with the Polosoft Technologies Solution; and (ii) translate, adapt and
display the content of the License Website such that it will be available to Customer’ end users. All
rights that are not expressly granted to us herein are reserved by the Customer. Company may not make
any use of the Customer Website, in whole or in part, not expressly permitted hereunder. Unless Customer
notifies Company otherwise in writing, Company may, and Customer hereby grants to Company the limited,
non-exclusive, royalty-free and fully-paid up, non-transferable (except as set forth herein) right and
license to, refer to Customer as one of Company’s customers and use its logo as part of such reference
(including on the Website), provided that Company complies with any trademark usage requirements
notified to it by Customer.
Fees; Payment
01 To access and use the Polosoft Technologies Solution you must
purchase a subscription through the Website (“Subscription”) unless otherwise agreed with us, in
writing. The Polosoft Technologies Solution is provided on a monthly or annual subscription basis,
according to the subscription plan you chose, per the respective subscription plans available on the
Website (“SubscriptionPlan” and “Subscription Period”, respectively).
02 In consideration of the provision of the Polosoft Technologies
Solution, you agree to pay us the applicable fees per your Subscription Plan (“Subscription Fees”).
Subscription Fees are stated in U.S. dollars. We reserve the right, at our sole discretion, to update
the Subscription Fees, at any time, and will notify you if such update may affect your existing
Subscription Plan upon its renewal. Notwithstanding the foregoing, we reserve the right, at our sole
discretion, with prior notice, to increase your Subscription Fees if your Customer Website has more than
1,000,000 monthly visits or otherwise.
03 The Company uses third-party payment processing service providers
(each a “Payment Provider”) to process and collect payments hereunder. You acknowledge and agree that we
may, at our sole discretion, change, add, or replace any Payment Provider at any time. You further agree
to provide all information and execute any documents that shall be required by Company and/or any
Payment Provider, at any time, to facilitate the payments hereunder.
04 You hereby authorize us, either directly or through the Payment
Provider(s), to charge the Subscription Fees via your selected payment method available on the Website,
upon its due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and
non-refundable. In the event of failure to collect the Subscription Fees owed by you, we may, at our
sole discretion (but shall not be obligated to) retry to collect it at a later time, and/or suspend or
cancel your access to the Polosoft Technologies Solution, without notice. We reserve the right, at our
sole discretion, to update the payment methods available on the Website, at any time.
05 Subscription Fees are exclusive of all taxes (including sales tax),
levies, or duties, which may be imposed in respect of these Terms and the purchase of the Subscription
hereunder (collectively, “Taxes”), except for Taxes imposed on our income. You agree that no withholding
taxes shall be applied to the Subscription Fees and that insofar as any such taxes apply under
applicable law, you shall gross-up such taxes so that we shall receive a net amount equal to the amount
we would have received had no such tax applied.
06 You may upgrade your Subscription Plan at any time via your User
Account (“Subscription Upgrades”). Upon a Subscription Upgrade, you will be billed for the applicable
increased amount of Subscription Fees, at our then-current rates (available on the Website), either: (i)
prorated for the remainder of the then-current Subscription Period, or (ii) whenever the Subscription
Period is restarted due to the Subscription Upgrade, then the Subscription Fees already paid by you will
be reduced from the new upgraded Subscription Fees, and the difference shall be due and payable by you
upon the date on which the Subscription Upgrade was made. We will also notify you, in writing, should
you need to upgrade your Subscription Plan in the event that your Customer Website does not fit the
subscription Plan you purchased.
07 You agree to provide us with accurate, complete, and updated billing
information, and you authorize us (either directly or through our affiliates, subsidiaries, or other
third parties) to charge, request, and collect payment (or otherwise charge, refund or take any other
billing actions) from your payment method, and to make any inquiries that we may consider necessary to
validate your designated financial information, to ensure prompt payment, including to receive updated
payment details from your credit card company (e.g., updated expiry date or card number).
08 To ensure that you will not experience any interruption or loss of
services, your Subscription Plan is automatically renewed by default, therefore, unless you cancel your
Subscription Plan prior to the expiration of the Subscription Period, it will automatically renew upon
the end of the then-applicable Subscription Period.
09 If you cancel your subscription within 14 days of the date of your
Subscription (“Refund Period”) by providing us with a written notice, we will refund to you the pro-rata
portion of the Subscription Fees pre-paid by you in respect of the period following the effective date
of cancellation (“Refund”). You acknowledge and agree that we may deduct a cancellation fee from the
Refund, in accordance with applicable law, from the payment method you provided upon purchasing the
Subscription. In order to cancel your subscription, you must us, and include your full name, the domain
name for which the termination is sought, and a copy of the transaction receipt. After the Refund
Period, the Subscription Fees are non-refundable and non-cancellable. To the extent permitted by law, if
we find that a notice of cancellation was given in bad faith, we reserve the right to reject your refund
request. Subject to the foregoing, upon cancellation hereunder all outstanding payment obligations shall
immediately become due for your used Subscription Period.
