Terms & Condition

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”):

1. “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.
2. “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).
3. “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

1. 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”).
2. 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.
3. 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”).
4. 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/
5. 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.
6. 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.
7. 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.
8. 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.
9. 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

1. 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.
2. 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.
3. 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.
4. 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

1. 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).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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).
8. 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.
9. 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 email 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.