Terms of service

(1) The provider of the website accessibility-check.ai and all services offered through it is SSL Fruitly AI GmbH & Co. KG, Inkustraße 1–7/Stiege 2/Haus C/1. OG/Top 2109, 3400 Klosterneuburg, Austria (the “Provider”). Contact: info@accessibility-check.ai. Further details in the legal notice.

(2) These terms apply to all services provided through accessibility-check.ai, in particular the website check, the PDF check, the Accessibility Act check, the color contrast checker, the accessibility statement generator, the AI-powered alt text generator, monitoring, the assistance widget and the user account (together the “Services”).

(3) The offering is primarily aimed at companies, organizations and public bodies. Where consumers use the Services, mandatory statutory consumer protection provisions remain unaffected by these terms.

(4) Deviating terms of users do not apply unless the Provider expressly agrees to them in writing.

(1) The Services are automated, technical analysis and assistance tools. They test websites and PDF documents by machine against a subset of the automatically testable criteria of recognized standards (in particular WCAG, EN 301 549, PDF/UA) and generate reports, metrics (“score”), assessments and text templates from that.

(2) By their nature, automated audits can only cover a portion of the respective requirements. Numerous criteria (such as the content quality of alternative text, the logic of reading orders or the understandability of content) can only be evaluated by a manual review by humans. The reports point this out.

(3) Unless expressly marked otherwise, the Services are free of charge. There is no entitlement to use, availability or continuation of the Services. The Provider may change, extend or discontinue functionality, audit depth, limits and design at any time.

(1) The Provider renders no legal advice and no legal services. All outputs of the Services, in particular audit reports, scores, applicability assessments (for example regarding the European Accessibility Act or the German BFSG), recommendations and generated texts, are non-binding technical initial assessments without legal examination of the individual case.

(2) The Services do not confirm, attest or certify conformity with legal requirements (such as the European Accessibility Act, BFSG, BGG, BITV 2.0) or technical standards (such as WCAG, EN 301 549, PDF/UA). Even a report without identified problems does not mean that an offering is accessible or legally compliant.

(3) Accessibility statements and other text templates produced by the generator are non-binding samples based on user input and automated audit results. Whether, where and in what form such texts are published is decided solely by the user; the user is responsible for the published content.

(3a) This applies in particular to AI-generated content such as image descriptions (alt text): it is produced by a machine language model and may render image content incorrectly, incompletely or without knowledge of the page context. Such output is a suggestion the user must review and, where necessary, adapt before use; the Provider does not warrant its accuracy or suitability.

(4) The Provider expressly recommends having legal questions (in particular the applicability of laws, exemptions, deadlines and the drafting of published statements) reviewed by a lawyer and commissioning a manual audit by professionals for conformity evidence.

(1) Some functions (such as retrieving full reports) require a free account. Sign-in is passwordless via one-time codes sent to the provided email address.

(2) The user must protect access to their email inbox and must not pass one-time codes to third parties. Actions performed through the account are attributed to the account holder to the extent the holder is responsible for them.

(3) The user can have their account deleted at any time, informally, by email to info@accessibility-check.ai.

(1) In addition to the free plan, the provider offers paid plans (currently Small and Agency) as subscriptions with monthly or yearly billing. The prices shown in the order process apply; all prices are exclusive of VAT.

(2) Payments are processed by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Payment data is collected and processed directly by Stripe, not by the provider.

(3) The subscription renews automatically for the chosen billing period unless cancelled beforehand. Cancellation is possible at any time in the dashboard, effective at the end of the current billing period; the full scope of services remains available until then. Fees already paid for the current period are not refunded pro rata.

(4) An upgrade to a higher plan takes effect immediately; fees already paid are credited pro rata. A change to a lower plan takes effect at the end of the current billing period.

(5) Where services are described as “unlimited”, they are subject to fair use: they are intended for normal own business use; abusive or automated mass usage may be limited by generous daily caps. The free plan and compute-intensive functions (such as AI image descriptions) carry fixed allowances per month or per day; the applicable allowances are displayed in the application.

(6) If a due payment fails, Stripe retries the payment and the user is informed. If payment is not made, the account is downgraded to the free plan. Statutory rights remain unaffected.

(7) Consumers have a 14-day right of withdrawal. With the purchase, the customer expressly requests that the provider begins performance before the withdrawal period expires. In case of withdrawal, compensation is owed for services rendered until then; the right of withdrawal expires upon complete performance within the period. The corresponding consent and acknowledgement are expressly requested in the order process.

(1) The user warrants that they

• only have websites tested that they own or are authorized to have tested,
• only upload PDF documents and images they are authorized to process, that contain no malware and no unlawful content, and whose processing does not violate third-party rights,
• do not misuse the Services, in particular not to overload third-party systems, to circumvent access protection or to bypass technical limits (such as rate limits),
• make no unlawful entries and no entries violating third-party rights in any inputs (for example in the statement generator).

(2) The Provider may exclude users who violate these obligations from use without prior notice and may suspend or delete accounts.

(1) The Provider strives for good availability of the Services but owes no specific availability, response time or audit duration. Maintenance, further development, capacity limits and disruptions can lead to interruptions.

(2) Reports and accounts can be deleted after reasonable advance notice, and without notice in cases of misuse. Users are responsible for backing up reports they need (for example as PDF downloads).

(1) The user may use generated reports and texts for their own purposes (including business purposes, such as internal documentation or sharing with their own service providers). It is not permitted to present the Services or their outputs to third parties as one's own auditing or certification offering.

(2) All rights to the software, trademarks, texts and designs of the Services remain with the Provider. For the assistance widget, the user receives a simple, revocable, non-transferable right of use for the registered domain.

(1) The free Services are provided without warranty for correctness, completeness, currency or fitness for a particular purpose. This applies in particular to audit results, scores, severity classifications, applicability assessments, fix instructions, PDF exports and generated text templates.

(2) For free services, the Provider is liable for defects only if it fraudulently concealed a defect.

(1) The Provider is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, and under mandatory statutory provisions (such as product liability law).

(2) Otherwise, the Provider's liability, on whatever legal grounds, is excluded; in cases of slight negligence, the Provider is in particular not liable for financial losses, indirect damages, consequential damages, lost profit or data loss. Towards consumers, this exclusion does not apply to the extent mandatory law conflicts with it.

(3) In particular, within the scope of paragraphs 1 and 2, the Provider is not liable for

• decisions the user or third parties make or refrain from making on the basis of reports, scores, assessments or templates,
• warning letters, fines, official measures or other disadvantages incurred by the user despite or because of using the Services, including those due to barriers an automated audit did not detect,
• the publication of generated statements or other templates by the user,
• the content, availability and behavior of the tested websites and documents, and for consequences of the audit process on systems the user was not authorized to have tested,
• the effect of the assistance widget; the widget provides comfort features and does not make a website compliant with legal requirements.

(4) The above limitations also apply in favor of the Provider's legal representatives, employees and vicarious agents.

The user indemnifies the Provider against all third-party claims based on the user having websites tested without authorization, uploading documents without authorization or otherwise using the Services in breach of duty, including the reasonable costs of legal defense. This does not apply to the extent the user is not responsible for the breach.

Information on the processing of personal data is contained in the privacy policy.

The Provider may change these terms with effect for the future, in particular in the event of changes to functionality or the legal situation. Registered users will be notified of changes in an appropriate form; if the user continues to use the Services after the changes take effect, this is deemed consent. The notification will point this out.

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. For consumers, the protection of mandatory provisions of the state of their habitual residence remains unaffected.

(2) If the user is an entrepreneur, the exclusive place of jurisdiction is the competent court at the Provider's seat.

(3) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.