Terms and Services

Welcome to DocumentA11Y.com, an on-demand accessibility conversion service provided by DocumentA11Y.

The following terms and conditions govern your access to and use of the DocumentA11Y.com website, including any content, functionality and services offered on or through www. DocumentA11Y.com.

Please read the Terms carefully before you start using the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

To access our services, it is required that you are at least 18 years old. Registering on our website or engaging in any activities on the site indicates that you are of legal age. By using our site, you confirm that you meet the eligibility criteria and can enter into a legally binding agreement with our company. If you do not meet the eligibility requirements, you are not permitted to use our site.

Use of the Site and Services is also subject to the terms of Our Privacy Policy, available at https://documenta11y.com/privacy-policy/, and You should review the Privacy Policy prior to using the Services.

Our Customer Support team is available by email at support@documenta11y.com for any questions regarding the Site or Terms.

Overview (Main terms, in a nutshell)

• Users can register on the Site at no cost by providing a valid email address.
  
  
• The Site allows Users to upload documents to make them accessible via the “upload a PDF” option, but these documents must adhere to the Company’s specifications.
  
  
• After uploading a document, the Site generates an Order with the estimated date of delivery and the final cost of making the document accessible.
  
  
• Users must confirm the Order to accept the Site’s terms and conditions.
  
  
• Once the Company completes the services, it will inform Users via email about the status of their Order, and they can then download the file from the Site.
  
  
• File retention period is for 30 days
  
  
• If the period elapses, the file will be deleted, and the Company will not consider requests to retrieve the file.
  
  
• The Company has a specific process for providing its Services.
  
  
• The process involves making the document accessible according to the Web Content Accessibility Guideline 2.1, ADA, Section 508 and PDF/UA standards
  
  
• The Company writes alternate text for images, Icons, Charts and Maps  in the document.
  
  
• The accessible document is tested with a screen reader tester to ensure it meets accessibility standards and guidelines.
  
  
• The Company changes the document’s name and adds “accessible” as a prefix to the filename.
  
  
• The contents of the document are not altered or changed in any way.
  
  
• Upon receiving the accessible document, Users should check for accuracy and may request modifications as per the terms and conditions set out by the Company.
  
  

Payments & Credits

• Users have the option to make payments using PayPal, Debit Card, or Credit Card.
  
  
• Users who need Services for more than 500 pages can contact support@documenta11y.com for volume pricing.
  
  
• If a conversion fails or is done improperly, the Users will receive a Credit equal to the number of pages affected.
  
  
• To prevent fraud and provide better security, the Site does not collect credit information. Instead, Our third party payment vendors collect such information and are subject to their own privacy policies. More details can be found in the Site’s Privacy Policy.

Request Modifications

• The Site offers a ‘request for modification’ option to work with Users and meet required accessibility standards and guidelines.
  
  
• Users can request a modification within 3 working days of the delivery date by contacting support@documenta11y.com.
  
  
• The Company will only consider modification requests related to alternate text for images or tag structure of the document.
  
  
• The Company will perform only one round of iterative changes at no additional charge.
  
  
• All modification requests will be delivered minimum 2 working days based on the complexity  from the date of acceptance by the Company.
  
  

Estimated Date of Delivery

In case a document cannot be delivered on the agreed date due to unexpected issues with the document, the Company will inform the User about the new delivery date.

Document Copyright & Ownership

The Company does not authenticate the ownership, or the intellectual property (including copyright) included in the document.

Intellectual Property

As between Users and Us, we own and will continue to own the Site and Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Users a non-sublicensable, non-transferable, non-exclusive, limited license to use the Site solely for the purpose of converting documents as described above subject to compliance with these Terms. All of Our rights not expressly granted by this license are hereby retained.

All materials displayed or performed on the Site and when using the Services (including, but not limited to, data, text, graphics, articles, photos, images, illustrations, and so forth, collectively, “Site Content” herein) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Site Content you access, and you agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Site Content without Our prior written consent, or in a way that violates Our or someone else’s rights. 

You understand We and Our licensors own the Site and Services including, without limitation, all software used in providing the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), creative derivative works based on, or otherwise exploit any of the Services.  

If You provide Us with any suggestions, comments, ideas, improvements, or other feedback or materials related to the Site or Services (collectively, “Feedback”), You hereby grant Us a nonexclusive, royalty-free, irrevocable, perpetual right to use, display, disclose, publish, perform, reproduce, modify, license, transfer, distribute, and otherwise exploit such Feedback in any manner, including incorporation of such Feedback in updated versions of our Site and Services or other product offerings or materials not licensed hereunder. Users are not entitled to any compensation, attribution, or credit for, nor gain any right, title, or interest in or to, any materials as a result of such Feedback. In addition, We may analyze and share derivative insights from the data or information shared by Users on the Site, subject to the terms of our Privacy Policy.

Clarification from User

The Company strives to comply with accessibility requirements to the best of its ability. If any clarification is needed from the User, the Company may request it.

The estimated delivery date of the Services may change depending on the time required to obtain a response from the User and the User will be informed of the new delivery date.

Availability, Errors, and Inaccuracies

The Company updates its products and services on the Services regularly, but there may be inaccuracies or delays in updating information. We cannot guarantee the accuracy or completeness of any information, including prices, availability, and services.

We reserve the right to change or correct information without notice. Due to high internet traffic or system problems, you may have trouble accessing the Site or communicating with us. The Company does not guarantee continuous or uninterrupted access to the Site.

Contests, Sweepstakes and Promotions

If there are any contests, sweepstakes or other promotions offered through the Services, they may have their own set of rules that are different from these Terms. If you want to take part in any of these promotions, please review the specific rules as well as our Privacy Policy. If the rules for a promotion contradict with these Terms, the rules for the promotion will take precedence for that promotion.

Consent to Communications

The User provides explicit consent to receive commercial electronic messages, including emails and text messages, related to the Company’s Services and the use of the Site from the Company and its agents. The User may choose to withdraw their consent at any time by sending an email to support@documenta11y.com.

Links to Third-Party Sites

To provide convenience, the Services may have links to third-party websites, payment vendors or other services that are not owned or controlled by the Company. The Company is not responsible for the content, privacy policies, or practices of any third-party websites or services or any link contained therein. Any damage, costs, expenses, or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services are not the responsibility of the Company. 

The Company is not associated or affiliated with any trade or service marks, logos, or any intellectual property right appearing on such third-party websites. You use the links to third-party websites or services and access to such hyperlinked websites entirely at your own risk.

We recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you may visit through the Site. The links are provided solely for your convenience. The Company reserves the right to provide such links as we deem fit, but we shall not be responsible or affiliated in any manner whatsoever with any trade or service marks, logos or any intellectual property right appearing on such third-party websites.

User Conduct

To use the Services, you must follow the rules outlined in the ‘User Conduct’ section below:

• You must not upload, publish, transmit, or share any information that does not belong to you, is harmful, harassing, defamatory, obscene, pornographic, violates copyright or other proprietary rights, violates any laws, impersonates someone else, contains viruses or other harmful computer code, or is insulting to any nation.
  
  
• You must not modify, adapt, or attempt to gain unlawful access to the Services, or create any third-party services or websites that falsely represent the Company.
  
  
• Verbal, physical, or written abuse of any customer, employee, member, or officer of the Company may result in immediate termination of your account and legal action.
  
  
• You must not gain unauthorized access to our Site or Services, or our computer systems or networks connected to our Site, through hacking or any other means.
  
  
• You must not do anything that is not expressly permitted by the Terms.
  
  
• You are responsible for keeping your password and account information safe. You will be solely responsible for any activity or action that occurs under your account. If you suspect unauthorized access to your account, you should notify the Company immediately in writing. The Company will make efforts to block the unauthorized account activity but will not be liable for any loss or damage caused by the unauthorized use of your account on the Site.
  
  

The Company reserves the right to remove any content that violates these rules and to take legal action against users who violate them.

Warranty and Disclaimer

Using our Site and Services is entirely at your own risk, and we provide the Site and Services on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranties of any kind or nature, including but not limited to implied warranties of merchantability, fitness for a particular use or purpose, non-infringement, or course of performance. We, along with our subsidiaries, affiliates, and licensors, cannot guarantee that:

• The Site or Services will function without interruption, be secure, or available at any specific time or location.
  
  
• Any errors or defects will be corrected.
  
  
• The Site or Services will be free from viruses or other harmful components.
  
  
• The results you obtain from using the Site or Services will meet your requirements.
  
  

We expressly do not warrant or guaranty that documents processed will comply in all respects with WCAG or other accessibility standards.

Limitation of Liability

You are solely responsible for uploading and downloading content on our Site, and the Company will not be held liable for any damage caused to your computer system or loss of data that results from such activities. It is your responsibility to ensure that your device has appropriate security safeguards, such as anti-virus and security checks, to protect your data.

IN NO EVENT WILL THE COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SERVICE PROVIDERS’ (COLLECTIVELY, THE “COMPANY EXTENDED FAMILY”) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE SITE OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.

IN NO EVENT SHALL ANY MEMBER OF THE COMPANY EXTENDED FAMILY HAVE ANY LIABILITY TO THE ANY USER, YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A REMEDY WAS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Users are responsible for all login credentials, including usernames and passwords, for their accounts. We will not be responsible for any damages, losses or liability to you, Users, or anyone else, if such information is not kept confidential by the User, or if such information is correctly provided by an unauthorized third-party logging into and accessing the Site or Services.

The limitations under this Section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this Section allocate the risks under these Terms between the parties, and the parties have relied on these limitations in determining whether to enter into these Terms and the pricing for the Site and Services.

Indemnity

You promise to protect, defend, and indemnify the Company, its officers, directors, employees, and agents from any claims made by third parties related to

1. your use of the Site or Services, including any content you upload or download, and/or
   
   
2. any violation of the Terms or other policies provided by the Company.

Force Majeure

The Company shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to causes beyond the control of the Company. Such causes may include, but are not limited to, electronic or mechanical equipment failures, telephone/internet interconnection problems, defects, weather conditions, strikes, pandemic, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other similar causes.

The Company shall have no responsibility to provide you access to the Services and/or the Site while such unforeseen delays or interruptions continue.

Governing Law

To interpret and enforce these Terms, the laws of the Commonwealth of Virginia shall be applicable without considering its conflict of law provisions. By using our Site or Services, you agree and consent to the exclusive jurisdiction of the state or federal courts in and for Fairfax County, Virginia and the U.S. Federal Courts for the Eastern District of Virginia.

Our failure to enforce any right or provision of these Terms does not mean that we waive our rights. If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions will still be effective.

These Terms represent the entire agreement between us and you regarding our Services and replace any prior agreements we may have had with you, the User.

Right of Access

To maintain control over access to the Site, the Company may deny or limit access for specific users or internet addresses, without providing a reason.

You agree not to use any software, device, or method to disrupt the Site’s functionality or attempt to do so. You also agree not to copy any content from the Site using robots, spiders, or other automated or manual means without obtaining prior written permission from us.

Changes

We have the right to change these Terms at any time and will do so at our own discretion. If any changes we make are significant, we will aim to give you reasonable prior notice before the new terms become effective. It is up to us to decide what constitutes a significant change.

Any revised version of the Customer Terms will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you continue to use our Services after the revised Terms take effect, you are agreeing to be bound by them. If you don’t agree to the new terms, please stop using the Site and Services.