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Terms of Use

  • Version 1.4

These terms of use (“Terms of Use”) govern the use of the WordPress plugin EZZE WCAG Pro, including its optional cloud-based features.

They supplement the purchase, checkout, billing, renewal, and license-related terms that may be presented or linked through Freemius. In the event of a conflict between mandatory Freemius checkout / sale terms and these Terms of Use, the applicable Freemius terms shall prevail for the respective checkout or sale transaction.

To the extent Provider processes personal data on behalf of Customer in connection with optional cloud features, the Data Processing Addendum available at https://ezze-wcag-pro.com/data-processing-addendum/ is incorporated by reference into and forms an integral part of these Terms of Use for the relevant cloud features.

1. Provider

Patrick Helms
Neue Heimat 20
15848 Beeskow
Germany
Email: support@ezze-wcag-pro.com
Support: https://ezze-wcag-pro.com/support/
Website: https://ezze-wcag-pro.com

2. Scope and acceptance

These Terms of Use apply to the use of EZZE WCAG Pro and related functionality, including:

  • local plugin functionality,
  • optional cloud features,
  • AI-assisted features,
  • accessibility-related analyses and testing features,
  • usage, license, and quota logic to the extent product-specific.

They apply in addition to:

  • the EULA / checkout / sales terms displayed or linked through Freemius,
  • the Privacy Policy,
  • the incorporated DPA for optional cloud features.

For local use of the plugin, these Terms of Use may apply upon installation, activation, or use of the product. For optional cloud features, they are accepted no later than through the corresponding opt-in / activation flow within the plugin.

To the extent a DPA is required for certain cloud features, that DPA is incorporated by reference and accepted together with these Terms of Use.

3. Contracting party and use on behalf of others

The contracting party is the natural or legal person that purchases, activates, uses, or on whose behalf the product is used.

Anyone activating or using EZZE WCAG Pro for an organization, client, or other third party represents and warrants that they are authorized to do so.

4. Product scope

EZZE WCAG Pro is a WordPress plugin intended to support accessibility / WCAG-related testing, analysis, and assistance functions.

Depending on plan, license status, and technical availability, the product may include, among other things:

  • accessibility testing based on external analysis services,
  • AI-generated alternative text,
  • AI-generated explanations, translations, and remediation guidance,
  • AI Insights,
  • AI-based image accessibility review,
  • quota-based or usage-based cloud features.

Certain functions require an active internet connection, a valid license, an active plan, or available third-party services.

5. License and permitted use

Unless expressly stated otherwise, Customer receives a limited, non-exclusive, non-transferable, revocable right to use EZZE WCAG Pro within the scope of the purchased or activated plan.

In particular, Customer may not:

  • circumvent technical protection, licensing, or quota mechanisms,
  • use the product in a fraudulent, abusive, unlawful, or non-compliant manner,
  • use the product or cloud features to overload, manipulate, or disrupt infrastructure,
  • perform automated bulk requests outside the intended contractual use,
  • use the product in a manner that infringes third-party rights.

Any rights granted under mandatory law or applicable open-source license terms remain unaffected.

In addition, the following applies to the plugin code:

The plugin code of EZZE WCAG Pro is distributed under the GNU General Public License, version 2 or any later version (GPLv2 or later). These Terms of Use apply only on a supplementary basis and only to services, content, and features not already governed conclusively by the GPL, in particular optional cloud features, beta access, support services, accounts, limits, and other online services made available by Provider.

Nothing in these Terms of Use limits any rights granted to users under the GPL with respect to the plugin code, including rights to use, run, study, modify, or redistribute GPL-licensed code in accordance with the applicable license terms.

6. Cloud features and third-party services

Certain EZZE WCAG Pro functions are provided in whole or in part through the Provider’s proxy / cloud infrastructure and third-party services.

These may include, in particular:

  • hosting and server infrastructure,
  • OpenAI,
  • Google PageSpeed Insights and other accessibility testing / analysis services,
  • Freemius for license-, plan-, account-, and billing-related processes.

Provider may use, replace, update, or technically modify such services, or replace them with functionally comparable services, provided that the essential nature of the service is not unreasonably impaired.

A current overview of subprocessors and relevant service providers may be provided at:
https://ezze-wcag-pro.com/subprocessors/

7. Customer responsibility for content, URLs, and images

Customer is solely responsible for ensuring that it is authorized to use, submit, and process any content used with the product.

This applies in particular to:

  • tested URLs,
  • page content,
  • image URLs,
  • image content,
  • metadata,
  • text, audit context, and any other information submitted to cloud or AI features.

Customer represents and warrants that such use does not infringe third-party rights and that an appropriate legal basis exists for the relevant processing.

In particular, when using AI alt text functionality and AI-based image review, Customer confirms that it is authorized to use the submitted image-related data and uses the feature at its own responsibility.

8. AI features and generated content

AI-generated outputs, including alternative text, explanations, translations, remediation guidance, recommendations, or image-related assessments, are generated automatically and may be incomplete, inaccurate, ambiguous, or unsuitable.

Provider does not guarantee any specific outcome, legal advice, full WCAG compliance, or error-free content evaluation.

Customer remains responsible for reviewing AI-generated outputs before publication, implementation, or further use.

9. Accessibility testing and results

Accessibility test / analysis results are provided for technical support and guidance only. They do not constitute binding legal advice, regulatory certification, or a formal compliance determination.

Provider does not warrant that:

  • test results are complete,
  • all accessibility barriers will be detected,
  • suggested measures are sufficient or legally required in each case,
  • use of the product will automatically make a website compliant with WCAG, BITV, or any other legal standard.

10. Availability, changes, and further development

Provider seeks to maintain reasonable availability of cloud features, but does not guarantee uninterrupted or error-free availability at all times.

Provider may modify, replace, further develop, restrict, or discontinue functions, models, APIs, third-party services, quotas, plans, or service characteristics only where there is an objective and legitimate reason and Customer is not unreasonably disadvantaged contrary to applicable law.

Legitimate reasons may include, in particular:

  • technical developments or security improvements,
  • legal or regulatory requirements,
  • changes to or discontinuation of third-party services, models, or APIs,
  • abuse prevention, security, or compliance requirements,
  • operational necessity to maintain a functioning service.

Material adverse changes that are not merely minor or required for compelling reasons will, where reasonably possible, be communicated to Customer in advance. Mandatory statutory rights, including consumer rights, remain unaffected.

11. Support

Support is provided only within the scope of the applicable offered or purchased service level.

Provider is not obligated to:

  • provide custom development services,
  • provide legal or compliance consulting,
  • implement custom feature requests,
  • provide support within a specific response time unless expressly agreed.

12. Abuse, suspension, and termination

Provider may suspend, restrict, or terminate access to parts of the product or the entire product only where there is an objectively justified and proportionate reason, including in cases of:

  • a material or repeated breach of these Terms of Use,
  • abuse or circumvention of licensing, plan, or quota mechanisms,
  • threats to infrastructure security or stability,
  • unlawful use,
  • sufficiently substantiated suspicion of infringement of third-party rights.

Where feasible and reasonable, Customer will be informed in advance and given an opportunity to respond or remedy the issue before a permanent measure is taken. Immediate suspension without prior notice remains permissible where required for security, abuse prevention, legal compliance, or to prevent imminent harm.

13. Privacy and integrated data processing terms

Further information on data processing is available in the Privacy Policy at:
https://ezze-wcag-pro.com/privacy-policy/

To the extent Provider processes personal data on behalf of Customer in connection with optional cloud features, the Data Processing Addendum made available at
https://ezze-wcag-pro.com/data-processing-addendum/
is incorporated by reference into and forms an integral part of these Terms of Use for the relevant cloud features.

In the event of a conflict between the general provisions of these Terms of Use and the data-processing-specific provisions of the DPA, the DPA shall prevail with respect to the relevant processing activities.

14. Intellectual property

The product, documentation, product names, components not distributed under open-source licenses, designs, texts, structures, and other protectable elements remain the property of Provider or the respective rights holders, as applicable.

Customer receives only the rights expressly granted under these Terms of Use and applicable law.

15. Warranty disclaimer and liability

To the maximum extent permitted by law, EZZE WCAG Pro is provided “as is” and “as available”.

Provider does not warrant that the product is fit for a particular purpose, compatible with every third-party environment, or available without interruption. Mandatory statutory rights, including mandatory consumer rights, remain unaffected.

Provider has unlimited liability for intent, gross negligence, and where liability is mandatory by law, including for injury to life, body, or health.

In cases of simple negligence involving breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for simple negligence is excluded to the extent permitted by law.

To the extent permitted by law, liability for indirect damages, consequential damages, loss of profit, data loss, business interruption, or purely financial loss is excluded or limited to foreseeable damage typical for the contract.

Customer remains solely responsible for the review, approval, and legal assessment of content generated or processed through the product. Mandatory statutory claims of Customer relating to defects, infringement, or consumer protection law remain unaffected.

To the extent purchases, renewals, subscriptions, payments, taxes, checkout, or license-related processes are handled through Freemius, the applicable Freemius documents and checkout terms apply in addition.

These Terms of Use govern the product-specific use of EZZE WCAG Pro and do not replace the legal checkout or sales documents provided through Freemius.

17. Changes to these Terms of Use

Provider may update these Terms of Use for legitimate reasons, including:

  • changes to the product,
  • changes to legal requirements,
  • changes to third-party services or infrastructure,
  • security or compliance requirements.

Changes will be communicated to Customer in an appropriate manner before they take effect. Changes that materially disadvantage Customer will become effective only where this is legally permissible and Customer is granted an appropriate right to object or terminate. Mere publication on the website is not sufficient for materially adverse changes vis-à-vis consumers.

18. Governing law

These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection law provides otherwise.

19. Severability

If any provision of these Terms of Use is found invalid or unenforceable in whole or in part, the remainder shall remain unaffected.

20. Contact

Patrick Helms
support@ezze-wcag-pro.com
https://ezze-wcag-pro.com/support/

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