Last updated on June 4, 2026
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General Provisions
These Terms of Service (these "Terms") are a legally binding agreement between Adaptive Atelier Ltd. and/or its affiliates (as applicable; the "Company") and its Visitors and Customers.
A "Visitor" is a Person who merely browses the Company Website and/or submits their personal data via the Company Website's online chat, feedback forms or using any other method.
A "Customer" is a Person who uses a Service (whether paid or unpaid), other than if such Person has access or uses a Service pursuant to an engagement between such Person and a Reselling Partner (as such term is defined in the Company's Partner Program). Every Customer is also a Visitor.
A "Person" refers to natural persons, incorporated or non-incorporated entities.
A "Service" means each of the products and services offered by the Company (or any portion thereof), including:
(a) the Company's automated accessibility audit tool ("AdaptiveTest", formerly known as "aCe");
(b) the Company's automated web accessibility solution (together with any additional services purchased with such solution, "AdaptiveWiz", formerly known as the "Adaptive Atelier Solution");
(c) the Company's platform for testing, monitoring, and remediation of accessibility for websites and web applications ("AdaptiveTest");
(d) any services offered, or information available, on the Company's website available at www.Adaptive Atelier.com, including any subdomains thereof (the "Company Website");
(e) accessServices (as such term is defined below);
(f) Litigation Support; and (g) any other software, features, products, content, and services, including any updates, upgrades, improvements or changes thereto, that the Company may provide to Visitors and/or Customers at any time, whether on the Company Website or otherwise.
Access to Services
- 2.1. By accessing or using a Service, each Visitor or Customer (as applicable) acknowledges that they have read, understood, and agree to be bound by these Terms, whether or not they have clicked a box indicating acceptance of these Terms (if applicable) or provided any other forms of consent or approval.
- 2.2. When accessing or using a Service or any part thereof, the Company may access, collect, and share certain Personal Information (as defined in the Company's Privacy Notice; the "Privacy Notice") from, and/or about the Customer or anyone accessing such Service on its behalf ("Customer Data"), as described in the Privacy Notice. To better understand the Company's practices with respect to Customer Data, Customers should review the Privacy Notice, which is incorporated herein by reference.
To the extent the Company is deemed a processor of any Personal Information through any Service, the provisions of the Data Protection Addendum (the "DPA") shall apply to such processing.
A Person agreeing to these Terms consents to:
(a) the Company's access, collection, use, and disclosure of Visitor and/or Customer Data and/or End User information (as applicable) as set forth in the Company's Privacy Notice, and
(b) where applicable, the processing by the Company of personal information pursuant to the provisions of the DPA; in each case, for providing, maintaining, improving and updating the Services. The provisions of the Privacy Notice and the DPA are incorporated into these Terms by reference. - 2.3. A Person agreeing to these Terms represents and warrants that:
(a) it has full corporate power and authority to agree to these Terms and perform its obligations hereunder;
(b) these Terms will constitute a valid and legally binding obligation of such Person, enforceable against it in accordance with the terms hereof; and
(c) the consent and performance by such party of the provisions of these Terms do not and will not constitute a breach of, or otherwise conflict with, any of its respective corporate documents (if such Person is not a natural person) or any other agreement, instrument or commitment to which it is subject or by which it is bound. If the Person agreeing to these Terms is doing so on behalf of an entity (incorporated or non-incorporated), such Person represents that they have the authority to bind such entity by these Terms. - 2.4. Customers will have the ability to join their employees and subcontractors ("Customer Personnel") to their User Account (as such term is defined below).
A Customer is fully liable for any action of its Customer Personnel, and any violation of a provision of these Terms by Customer Personnel (had such Customer Personnel been directly bound by these Terms) shall be deemed a violation of the Customer of such provision of these Terms. - 2.5. The Services are intended for use by natural persons of the legal age required to form legally binding contracts under applicable law (but in no event are they intended for use by natural persons under 18).
Any Visitor and Customer who is a natural person represents and warrants that they are at least 18 years old. A natural person younger than 18 must not access or use any Service.