Terms of Service

1. Acceptance of Terms

By creating an account, clicking "I Agree," or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and that organization.

We reserve the right to update or modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, by sending an email notification. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

2. Eligibility

The Services are intended for use by individuals who are at least 18 years of age and businesses and organizations operating under applicable law. By using the Services, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into these Terms;
• You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country;
• Your use of the Services will comply with all applicable local, national, and international laws and regulations.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to immediately notify us of any unauthorized use of your account at [email protected]. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Organization Accounts

Administrators of organizational accounts may invite users, manage roles and permissions, and control access to data within the organization. Administrators are responsible for ensuring that users within their organization comply with these Terms. Users invited to an organization account must agree to these Terms before accessing the Services.

3.4 One Account Per Person

You may not create multiple personal accounts or share a single account among multiple individuals except through the organization multi-seat functionality provided by the Services.

4. Subscriptions and Payment

4.1 Subscription Plans

Kozite offers various subscription tiers, including a free plan and paid Starter, Pro, and Enterprise plans. Feature availability is determined by your active subscription tier.

4.2 Payment and Billing

Paid subscriptions are billed in advance on a monthly or annual basis as selected during checkout. All payments are processed through our third-party payment processor. By providing payment information, you authorize us to charge the applicable fees to your payment method.

4.3 Free Trials and Auto-Renewal

We may offer free trials for paid plans. At the conclusion of any free trial, you will be automatically charged for the selected plan unless you cancel prior to the trial end date. We will send you a reminder notification before your trial converts to a paid subscription.

All paid subscriptions automatically renew at the end of each billing cycle at the then-current rate until you cancel. You may cancel auto-renewal at any time through your account settings. Cancellation of auto-renewal takes effect at the end of the current billing period.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide partial refunds for unused portions of a billing period, except where required by applicable law.

4.5 Refunds

All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. If you believe you have been charged in error, please contact us within 30 days of the charge at [email protected].

4.6 Price Changes

We reserve the right to modify our pricing at any time. Price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' advance notice of any price change.

4.7 Taxes

Stated prices are exclusive of taxes. You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities, and we may collect those taxes on behalf of those authorities.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to scan, access, or collect data from websites or systems for which you do not have explicit authorization from the owner;
• Use the Services to conduct or facilitate denial-of-service (DoS) attacks, scraping, or any other activity that may harm third-party servers or services;
• Attempt to gain unauthorized access to any portion of the Services, other user accounts, or Kozite's systems or networks;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
• Transmit any content that is unlawful, defamatory, fraudulent, harassing, obscene, or otherwise objectionable;
• Upload, transmit, or distribute malware, viruses, or any code designed to disrupt or damage the Services;
• Use automated tools (bots, scripts, crawlers) to access the Services except as explicitly permitted by our API documentation;
• Resell, sublicense, or otherwise commercialize the Services without our prior written consent;
• Impersonate any person or entity or falsely represent your affiliation with any person or entity;
• Violate any applicable local, national, or international law or regulation.

We reserve the right to suspend or terminate access to the Services for any user or organization that violates this Acceptable Use Policy.

6. Your Content and Data

6.1 Your Ownership

You retain all ownership rights to the data you submit to the Services, including URLs, scan configurations, and issue notes ("Your Content"). We do not claim ownership of Your Content.

6.2 License to Kozite

By using the Services, you grant Kozite a limited, non-exclusive, royalty-free, worldwide license to process, store, display, and analyze Your Content solely for the purpose of providing and improving the Services to you and your organization. This license terminates when you delete Your Content or terminate your account.

6.3 Your Responsibility

You are solely responsible for the legality, accuracy, and appropriateness of Your Content and for ensuring that your use of the Services complies with all applicable laws. You represent that you have all rights necessary to submit Your Content to the Services.

6.4 Data Deletion

Upon termination of your account, we will delete or anonymize Your Content in accordance with our Privacy Policy and data retention schedules. You may also request deletion of specific data within the platform through the interface or by contacting [email protected].

7. Scanning Third-Party Websites

The Services enable you to submit third-party website URLs for automated accessibility scanning. By submitting a URL for scanning, you represent and warrant that:

• You are the owner of that website, or you have obtained all necessary authorizations and permissions from the website owner to perform automated scanning;
• Your scanning activities will comply with the terms of service of any third-party website you scan;
• You will not use the scanning functionality to access, collect, or store sensitive personal data from third-party websites.

You agree to indemnify and hold Kozite harmless from any claims, damages, or liabilities arising from your unauthorized scanning of third-party websites.

8. AI Knowledge Base Feature

Certain subscription tiers provide access to our AI Knowledge Base Chatbot feature, which generates responses using your organization's stored accessibility scan data. By using this feature, you acknowledge and agree that:

• AI-generated responses and guidance suggestions are provided for informational purposes only and do not constitute legal, compliance, or professional advice. They are not a substitute for human audit or legal review;
• AI-generated responses may contain inaccuracies or "hallucinations." You are responsible for independently verifying any code snippets, ARIA attributes, or suggested guidance before implementing them in a production environment;
• You will not use the AI Knowledge Base to process sensitive personal data of individuals, including data that could identify users of the websites you scan;
• We may use anonymized, aggregated usage patterns from this feature to improve the quality and relevance of AI responses, but we will not use your specific scan data or conversation history to train general AI models shared with third parties.

9. Intellectual Property

9.1 Kozite's Intellectual Property

The Services, including all software, algorithms, design, text, graphics, logos, and other materials, are owned by or licensed to Kozite and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property except the limited license to use the Services as expressly set forth herein.

9.2 Feedback

If you provide us with suggestions, ideas, bug reports, or other feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate that Feedback into the Services without restriction or compensation to you.

9.3 Trademark

"Kozite" and related logos are trademarks of the Company. You may not use our trademarks without our prior written permission.

10. Confidentiality

Each party may receive confidential information from the other party in connection with these Terms ("Confidential Information"). Each party agrees to use the other party's Confidential Information solely to fulfill obligations under these Terms and to protect it with the same degree of care used to protect its own confidential information, but no less than reasonable care. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party.

We treat your scan data, organization configurations, and user data as Confidential Information as further described in our Privacy Policy.

11. Embeddable Chat Widget

Subscription tiers may include access to an embeddable chat widget ("Widget") that allows you to provide accessibility information to your own website visitors. If you use the Widget:

• Your Responsibility: You are solely responsible for the websites where you embed the Widget and for all interactions between the Widget and your end-users.
• Transparency: You must provide clear notice to your end-users regarding the presence of the Widget and any data processing associated with it in accordance with applicable privacy laws.
• Restrictions: You may not use the Widget to collect sensitive personal information, financial data, or health records from your end-users.
• Termination: We reserve the right to revoke your Widget access keys if we detect misuse or if your subscription terminates.

12. Third-Party Services

The Services integrate with or may link to third-party services (e.g., Supabase, Stripe, Resend). These third-party services have their own terms of service and privacy policies, and your use of them is subject to those terms. We are not responsible for the practices of any third-party services. We will notify you of material changes to our key third-party integrations where such changes could materially affect your use of the Services.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, KOZITE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (IV) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE.

The Services are designed to assist with identifying potential accessibility violations but do not guarantee your website's full compliance with any accessibility standard, law, or regulation (including WCAG 2.2, the Americans with Disabilities Act, or Section 508). You are responsible for ensuring your own compliance.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOZITE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF KOZITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOZITE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KOZITE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you in full.

15. Indemnification

You agree to indemnify, defend, and hold harmless Kozite and its officers, directors, employees, affiliates, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of any third-party rights, including without limitation any intellectual property or privacy rights; (c) your scanning of websites or embedding of the Widget without proper authorization; or (d) any claim that Your Content caused damage to a third party.

16. Termination

16.1 Termination by You

You may stop using the Services and delete your account at any time through your account settings. If you are on a paid plan, you will retain access until the end of your current billing period.

16.2 Termination by Kozite

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to: (a) your material breach of these Terms; (b) conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or the Services; (c) extended periods of inactivity; or (d) our discontinuation of the Services.

16.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including Sections 6, 8, 9, 10, 13, 14, 15, and 17.

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms and any disputes arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.

17.2 Informal Resolution

We encourage you to contact us first at [email protected] before initiating any formal dispute process. Many issues can be resolved quickly through direct communication.

17.3 Binding Arbitration

For any dispute that cannot be resolved informally, you and Kozite agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

17.4 Class Action Waiver

YOU AND KOZITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, and claims brought in small claims court remain unaffected.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kozite regarding your use of the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms or any rights granted herein without our prior written consent. We may assign these Terms without restriction.
• Notices: Any notices to us under these Terms must be in writing and sent to [email protected]. Notices to you will be sent to the email address associated with your account.
• Force Majeure: Neither party will be liable for any delay or failure to perform to the extent caused by circumstances beyond the party's reasonable control, including natural disasters, government actions, or internet outages.
• No Agency: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Kozite.

19. Contact Us

If you have any questions about these Terms of Service, please contact us: