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Terms of Use for Mobile Accessibility Testing

Effective Date: June 2025

Last Updated: June 2025

Welcome to the Mobile Accessibility Testing application (the "App"), provided by Siteimprove A/S and its affiliates ("Siteimprove," "we," “us,” or "our"). These Terms of Use ("Terms") govern your access to and use of the App and form a binding agreement between you and Siteimprove.

By downloading, installing, accessing, or using the App, you agree to these Terms. If you do not agree to these Terms, do not access or use the App.

1. Eligibility and Access Requirements

The App is available exclusively to active, registered customers of Siteimprove. To use the App, you must have a valid Siteimprove account and log in with your Siteimprove credentials to access any features.

Your access to and use of the App is also governed by the subscription agreement between your employer and Siteimprove. Unauthorized use of the App is strictly prohibited. Access may be suspended or revoked if your Siteimprove account becomes inactive, suspended, or terminated, or if your employer's subscription is suspended or terminated under the MSA.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a mobile device that you own or control and that, if using on an Android device, complies with the usage rules of the Google Play Store.

You may use the App solely to scan mobile applications you or your employer owns or that you are authorized to test through your employment, for the purpose of analyzing accessibility issues as part of your Siteimprove subscription.

3. Restrictions on Use; Device and Operating System Compatibility

a. Users may not share, distribute, or otherwise make available the iOS application file to any third party. All users must download or install the application directly from the Siteimprove's official website or authorized distribution platform. Unauthorized distribution is strictly prohibited and may result in termination of access.

b. You agree not to: (i) use the App for any unlawful, unauthorized, or unethical purposes; (ii) scan or analyze any third-party mobile applications without express permission or ownership; (iii) reverse engineer, decompile, or disassemble any part of the App; (iv) attempt to gain unauthorized access to any part of our systems or the Siteimprove platform; (v) circumvent any security measures or usage restrictions implemented within the App, (vi) resell, sublicense, or distribute the App or any data generated by the App. Siteimprove may at any time request proof from You of your right to use the App on third-party mobile applications.

c. The App is designed to operate on devices running Android version 9 or higher and iOS version 9 or higher. Siteimprove does not guarantee functionality, performance, or support for the App on any device running an operating system version lower than the specified minimum. Users are solely responsible for ensuring that their devices meet the required system specifications. Siteimprove shall not be liable for any issues, malfunctions, or limitations resulting from the use of unsupported operating system versions.

4. Account and Security

To access the App's functionality, you must authenticate using your Siteimprove account credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity conducted through your account. You must notify us immediately if you suspect any unauthorized access to your account or breach of security.

5. Data Collection and Privacy

When using the App, Siteimprove may collect personal data such as login credentials and contact information (including usernames and email addresses) for essential internal purposes, including customer identification, security, and service optimization. We do not collect personal data from scanned apps. However, we may collect non-personal data, such as scanned application metadata, to enhance the App's functionality and deliver insights within your Siteimprove Platform dashboard.

All personal data processed in connection with your use of the App is handled in accordance with Siteimprove’s Privacy Policy, available at https://www.siteimprove.com/privacy/privacy-policy/. You have the right to request access to, correction, modification, or deletion of your personal data by contacting privacy@siteimprove.com.

6. Ownership and Intellectual Property

Siteimprove owns and shall remain the sole owner of all intellectual property vested in the App, including its content, code, interfaces, design, and functionality. This ownership right includes any inventions, patents, utility model rights, copyrights, design rights, mask works, trademark rights, or knowhow, whether registered or not. Except for the license granted in Section 2, these Terms do not grant you any rights, title, or interest in or to the App or its content.

7. Modifications and Updates

We may modify or update the App at any time, including adding or removing features. We may also update these Terms from time to time. Changes will be effective immediately upon posting within the App or on our website. Your continued use of the App after changes indicates your acceptance of the revised Terms.

8. Termination

We reserve the right to suspend or terminate your access to the App at our sole discretion, without notice, if:

  • a. You violate any provision of these Terms;
  • b. Your Siteimprove account is suspended, expired, or terminated; or
  • c. We discontinue the App or its support.

Upon termination, all rights granted to you under these Terms will immediately cease.

9. Third-Party Services

The App may include links or integration with third-party tools or platforms. We are not responsible for the availability, content, or performance of such third-party services and disclaim all liability in connection therewith.

10. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties related to accuracy, reliability, or results from the use of the App; and Warranties that the App will be secure, error-free, or available at all times.

11. Limitation of Liability

  • a. To the maximum extent permitted by applicable law, Siteimprove, its affiliates, officers, directors, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the App, including but not limited to loss of data, business interruption, or damages to device hardware.
  • b. Our total liability to you for any claim related to the App shall not exceed the less of: (a) amount paid by you (if any) for the App or its services in the preceding 12 months; or (b) $10,000 USD.

12. Indemnification

You agree to defend, indemnify, and hold harmless Siteimprove and its affiliates, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from (a) Your use or misuse of the App; (b) Your violation of these Terms; or (c) Your violation of any third-party rights, including intellectual property or privacy rights.

13. Governing Law and Dispute Resolution

For users located in the United States, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

For all other users, this Agreement shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Denmark.

14. General Provisions

  • a. Entire Agreement: These Terms, the active agreement for the subscription of Siteimprove Services between your employer and Siteimprove, and the Privacy Policy, constitute the entire agreement between you and us regarding the App.
  • b. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • c. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
  • d. Assignment: You may not assign these Terms without our prior written consent. We may freely assign or transfer these Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at legal@siteimprove.com.