Terms and conditions
Welcome to AdvancedBytez Solutions Inc (“Service Provider,” “we,” “us,” or “our”). By accessing or using the LERA API service (the “Service”) through our online portal (the “Platform”), you (“User” or “you”) agree to be bound by these Terms and Conditions (the “Agreement”). Service Provider and User are jointly referred to herein as the “Parties” or each the “Party”.
Please read this Agreement carefully. If you do not agree with these terms, you may not access or use the Service.
1. Services
1.1 The Service Provider agrees to provide the Client with access to the LERA API service (the "Service") as described in the API Service Specifications. The Client acknowledges that the purpose of the Service is to continuously monitor the accessibility features of the Client’s and, or, Client’s affiliates’ websites using automated accessibility scanning.
1.2 The LERA API that enables you to use the Service to scan public facing websites for accessibility violations during a 14-day free trial period, which includes 100 free scans on the Enhanced plan.
1.3 After the trial period ends, your account will remain active even if you do not upgrade to a paid plan.
2. Term
2.1 The trial period is of 14 days (“Initial Term”). The paid subscription thereafter is 30 days, which will renew automatically every month (“Renewal Term”) unless either party provides written notice of non-renewal, or you cancel the subscription from the Platform. The Renewal Term, together with the Initial Term, makes up the “Term”.
3. Currency
3.1 Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (United States Dollars).
4. Eligibility
4.1 The Service is available to any business or individual wishing to scan public-facing web pages for automated accessibility violations.
5. Account Registration
5.1 To access the Service, you must create an account on the Platform. You are responsible for ensuring the confidentiality of your login credentials and for all activities that occur under your account.
5.2 You agree to notify us immediately if you become aware of any unauthorized use of your account or other breach of security.
5.3 You may not share your account with others or transfer your account to any third party without our prior written consent.
5.4 You may delete your account at any time by contacting the administrator with a deletion request.
6. Subscription Plans and Fees
6.1 Users may select from several subscription plans, each with different features, limits, and fees, as outlined on the Platform. Fees are subject to change, and any applicable fees are due as specified at the time of subscription.
6.2 Any request for plan customizations may incur additional fees, which will be communicated in advance for your acceptance.
6.3 Payments are processed through our payment partner, Stripe. Stripe may automatically collect taxes based on your geographic location. You agree to comply with Stripe’s terms and conditions for payment processing.
6.4 The User can cancel their subscription by using the Revoke Key feature in the API Key Details page of the platform. They will not be billed for the next billing cycle after they cancel the service. No refunds will be provided for partial billing cycles upon termination.
7. Billing and Payment
7.1 Payments are due at the start of each billing cycle as specified in your selected subscription plan. If payment is not received by the due date, Stripe will attempt to charge the saved payment method up to four times within the following three weeks (the “Grace Period”). During this Grace Period, you will retain access to the Service. If, after the Grace Period, the payment method remains non-functional, your subscription will be canceled, though your account will remain active.
8. Fair Usage and Rate Limits
8.1 Your access to the API is subject to fair usage policies and rate limits, as described in the Platform’s documentation. Excessive use that exceeds these limits may result in temporary or permanent suspension of access to the Service.
8.2 We may update fair usage policies or rate limits from time to time to ensure stable and fair access to all Users.
9. Termination
9.1 Either party may terminate this Agreement for cause immediately upon written notice to the other party if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days of receiving written notice specifying the breach. Upon termination of this Agreement for any reason, the Client shall promptly cease using the API service, and the Service Provider shall cease providing the service. Any outstanding fees or payments shall become due and payable immediately. The provisions related to confidentiality, data security, and any obligations that, by their nature, should survive termination, shall survive the termination of this Agreement.
10. Ownership of Intellectual Property
10.1 All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement by the Service Provider, will be the sole property of the Service Provider.
10.2 You may not copy, modify, distribute, or reverse-engineer any part of the Service.
10.3 The use of data derived from the Intellectual Property, as noted herein, by the Client will not be restricted in any manner.
11. Data Protection and Security
11.1 We are committed to protecting your data in accordance with our Privacy Policy and applicable data protection laws.
11.2 We only retain login credentials (username and password) for account authentication purposes.
11.3 The Service Provider commits to transmitting the data back to the Client without storing it on the Service Provider's platform.
12. Disclaimer of Warranties
12.1 The Service is provided "as is" and "as available." We disclaim any warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
13. Limitation of Liability
13.1 The Service Provider is not liable to the Client or their Affiliates for any direct or indirect damages, including but not limited to financial losses, data loss, or business interruption, arising from the Client or their Affiliates' use of the Service. The Service Provider is also not liable for any integrated or related third-party services the Client may use in conjunction with the Services of this Agreement.
14.1 Indemnification
14.1 Service Provider shall defend, indemnify, and hold harmless you and their representatives and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from any third-party claim that use of the Service as expressly permitted herein violates any third-party Intellectual Property Rights.
14.2 The User shall defend, indemnify, and hold harmless the Service Provider and its representatives and employees from and against all costs, damages, losses, and expenses, including reasonable attorneys’ fees and other legal expenses, arising from any third-party claims that:
14.3 The User and their Affiliates’ use of the Service, in violation of the terms of this Agreement, infringes any third-party rights, including without limitation, infringement or violation of any third-party Intellectual Property Rights or privacy rights;
14.4 The User and their Affiliates do not hold all necessary authorizations, approvals, and permissions necessary for lawful use of the Service, including to conduct Tests, within the scope defined in this Agreement; or
14.5 The User’s use of the Service is in breach of the acceptable use of the Service as set out in this Agreement.
14.6 For the purposes of this Agreement, "Affiliates" shall refer to the clients, customers, or entities directly engaged with the User in a business relationship for the use of the Service.
15. Force Majeure
15.1 Neither party shall be liable for any delay or failure in performing its obligations under this Agreement if such delay or failure is due to events beyond the reasonable control of either party, including, but not limited to, acts of God, natural disasters, fire, flood, explosion, war, terrorism, government actions, labor strikes, civil unrest, epidemic, pandemic, or failure of public utilities or common carriers (each, a "Force Majeure Event"). The affected party shall promptly notify the other party in writing of any Force Majeure Event, including an estimate of its expected duration and the probable impact on the performance of its obligations. Both parties shall make reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable. If the Force Majeure Event continues for a period exceeding thirty (30) days, either party may terminate this Agreement upon written notice to the other party.
16. Notices
16.1 All notices, requests, demands, and other communications under this Agreement to any party relating to this Agreement shall be in writing and shall be deemed to be given, delivered or received immediately when delivered via electronic mail (email) to the following address:
16.2 If delivered by email, upon the date of delivery to the email address provided, or
If sent by registered or certified mail, upon the date of receipt as indicated by the postal service.
16.3 Notices to AdvancedBytez shall be sent to:
Email:
info@advancedbytez.com
Address:
AdvancedBytez Solutions Inc.
2300 Yonge St, Suite 1600
Toronto, Ontario M4P 1E4
Canada
17. Governing Law
17.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.