Wawsome - Terms of Service

Welcome to Wawsome! These Terms of Service ("Terms") govern your access to and use of Wawsome's website, services, and accessibility tools (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

Please also review our Privacy Policy to understand how we collect, use, and share your information.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood, and agreed to these Terms, as well as our Privacy Policy. These Terms constitute a binding agreement between you and Wawsome. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Changes to the Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by posting them on our website or through other reasonable communication methods. The updated Terms will be effective upon posting, and your continued use of the Services after such changes constitutes your acceptance of the new Terms.

3. Eligibility

The Services are intended for users who are at least 18 years old. By using the Services, you represent that you are at least 18 years of age. If you are under the age of 18, you may not use the Services.

4. Services Overview

Wawsome makes commercial efforts to ensure that its products help your website achieve compliance with WCAG 2.1 Level AA standards (“WCAG Standard”). By integrating Wawsome’s AI-Widget into your website, your site will become significantly more accessible according to the WCAG Standard, requiring minimal involvement from your website's administrators, developers, or end-users.

For websites utilizing our Scanner, following the violation reports and remediation instructions provided by Wawsome will lead to a substantial improvement in accessibility, as defined by the WCAG Standard. Please note, this only applies to HTML content, and does not extend to non-HTML content like PDFs, audio, or video files. Additionally, Wawsome’s products do not function within iframes, and any content within iframes may not be covered by the accessibility features provided.

Our services, including the accessibility widget and all related functionalities, require JavaScript to be enabled in the client’s web browser in order to operate. The widget relies entirely on JavaScript to perform core functions such as user interaction handling, accessibility adjustments, and content modifications. Without JavaScript enabled, our services will not function, and the user will not be able to access or use any of the accessibility features provided. By using our services, you acknowledge and accept that enabling JavaScript is a fundamental requirement for service functionality.

5. Intellectual Property

All intellectual property rights in the Services, including but not limited to trademarks, service marks, logos, designs, and other content (collectively, “Content”), are owned by Wawsome or its licensors. You may not reproduce, distribute, modify, or create derivative works from any Content without express written permission from Wawsome.

License to Use the Services: Subject to your compliance with these Terms, Wawsome grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Restrictions: You may not copy, modify, distribute, sell, lease, or transfer any part of the Services or any Content provided by Wawsome.

6. User Responsibilities

You agree to use the Services in compliance with all applicable laws and regulations. You are responsible for ensuring that any data you provide does not violate any applicable laws or these Terms. You understand that we may use the content you provide to deliver and maintain the Services, train our AI models, and comply with applicable law.

By registering for the Services, you agree to be added to our mailing list to receive transactional emails, updates, newsletters, and promotional or advertising content.

7. Subscription and Payment Terms

Some of Wawsome’s Services may be offered on a subscription basis. By subscribing to a paid plan, you agree to pay all fees associated with the Services. Subscription fees are billed in advance, and recurring payments will be processed automatically until you cancel your subscription.

Payment Information: You must provide accurate payment information. Wawsome uses third-party payment processors, and by using the Services, you agree to comply with their terms.

Cancellation and Refunds: You may cancel your subscription at any time, but cancellation will not result in a refund for any unused portion of the term. Refunds are provided at Wawsome’s discretion, subject to applicable law.

8. Technical Support

We offer technical support during regular business hours through email, chat, and video conferencing. These support services are available subject to timely payment of any applicable support fees and are provided on a reasonable commercial efforts basis, depending on the severity of the technical issue reported to us.

9. Data Usage and AI

You acknowledge that some of Wawsome’s products are powered by AI, and data from your website may be utilized to train machine learning and AI models. This includes data used for improving algorithmic performance, model training, and related enhancements. You are responsible for ensuring that the use of such data does not violate any third-party requirements or applicable laws.

10. Disclaimer of Warranties

Wawsome provides the Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Wawsome does not guarantee that:

• The Services will meet your specific requirements or expectations.
• The Services will be uninterrupted, secure, or error-free.
• Any defects in the Services will be corrected.

11. Limitation of Liability

To the maximum extent permitted by law, Wawsome, its affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or damages for business interruption, arising from or related to your use or inability to use the Services.

Maximum Liability: Wawsome’s total liability for any claims under these Terms, whether in contract, tort, or otherwise, will not exceed the amount paid by you to Wawsome for the Services during the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Wawsome, its affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

13. Intellectual Property Rights in Ideas

Any ideas, feedback, suggestions, or requests for improvements that you provide to Wawsome ("Ideas") become the exclusive property of Wawsome. By submitting these Ideas, you irrevocably transfer all intellectual property rights to Wawsome at no cost. Wawsome may freely use, develop, or commercialize these Ideas without any obligation to compensate or acknowledge you. If you wish to retain intellectual property rights to your Ideas, do not submit them to Wawsome without our written agreement.

14. Insider Trading Restrictions

You acknowledge that you are not allowed to trade Wawsome securities if you possess confidential, non-public information about Wawsome. It is illegal to use non-public information for personal gain or to provide "tips" to others who may act on such information for investment purposes.

15. Compliance with Trade Sanctions

By using our services, you confirm that you are not located in a country subject to comprehensive EU or U.S. sanctions or embargoes, and that you are in compliance with all relevant U.S. and EU trade restrictions.

16. Termination of Services

Wawsome reserves the right to terminate or suspend your access to the Services at any time, with or without cause or notice. Upon termination, you will lose access to the Services, and any licenses granted under these Terms will be revoked.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

Dispute Resolution: Any disputes arising out of or related to these Terms shall be resolved through arbitration under the rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania. The place of arbitration shall be Bucharest, Romania, and the arbitration shall be conducted in Romanian.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you may enter into with Wawsome, constitute the entire agreement between you and Wawsome with respect to the use of the Services.

19. Contact Information

If you have any questions about these Terms, please contact us at contact@wawsome.com

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