USERWAY’S MONETARY PLEDGE TO YOU:

UserWay backs its AI-Powered Accessibility Widget and Managed Accessibility™ (the “Solutions”) with a monetary Pledge to cover up to $1,000,000 toward customer damages (“Loss”) as follows:

  • up to US $10,000 in Loss, associated with the subscription toUserWay’s AI-Powered Accessibility Widget Annual Subscription; or with a subscription  to the UserWay’s AI-Powered Accessibility Widget on a monthly basis for at least 12 months prior.
  • up to US $1,000,000 in Loss associated with the subscription to UserWay’s Managed Accessibility™, and

in either case, that our customer (“you”) becomes liable to pay to others as Damages from a Claim that resulted in a final, non-appealable order or judgment on the merits against you for a violation (“Violation”) by your continually active website (the “Website”) of any of the following Web Content Accessibility Guidelines (WCAG) standards: (i) WCAG 2.0 level AA or (ii) WCAG 2.1 level AA (together, the “Standards”).

This Pledge is subject to and provided upon the following terms, conditions and limitations:

  1. Scope: The Pledge is made solely to you as the subscriber to UserWay’s Solutions. The AI-Powered Accessibility Widget must be installed and operated correctly on your Website prior to the earliest date in the claim, as directed and without customization, corruption or other modification. Updates and patches to the AI-Powered Accessibility Widget and the Website must be applied in a timely manner and as instructed by the company. This Pledge shall not apply to violations other than Violations of the Standards that are known to be remediated by UserWay’s AI-Powered Accessibility Widget. This Pledge only applies to U.S. customers that are named as defendants in a Claim.
  2. Claim: “Claim” means any U.S. federal or state civil lawsuits based upon a Violation by your Website of any Standards, but “Claim” does not mean, and this Pledge shall not respond to, any investigation, an industry-wide assessment or a routine regulatory inquiry. This Pledge only applies to U.S. customers that are named as defendants in U.S. federal or state civil lawsuits, and it does not apply to: (i) class or mass action lawsuits, or (ii) lawsuits brought by or on behalf of the U.S. Department of Justice or any other enforcement authority.
  3. Notice: No later than 10 days after your first receipt of a complaint filed in a Claim, you must notify UserWay of the Claim by emailing a copy of the complaint to lsp@support.userway.org.
  4. Loss: “Loss” is limited to your actual damages. “Loss” and “Damages” shall not include fines, penalties, punitive or exemplary damages, remedial costs, or any amounts that are not insurable under applicable law. For clarification, this Pledge does not cover your attorneys’ fees and costs incurred in your defense or countersuit. Limits:
  • a. $1,000,000 is the maximum aggregate limit of the UserWay Pledge for all Loss for all customers from all Claims.
  • b. $1,000,000 is also the maximum aggregate limit of the UserWay Pledge for all Loss for each customer from all Claims arising from any failure of UserWay’s Managed Accessibility™.
  • c. $10,000 is the maximum aggregate limit of the UserWay Pledge for all Losses for each customer from all Claims arising from UserWay’s AI-Powered Accessibility Widget.
  1. Counsel and Experts: You agree, as a condition of this Pledge,
  • a. to engage competent Counsel that: (i) has adequate knowledge of the digital accessibility laws in question; (ii) responds in a timely manner to the Claim; (iii) defends the Claim; and (iv) cooperates with UserWay and its insurers if requested to, including providing any information that they may reasonably request.
  • b. to authorize UserWay or other competent digital accessibility service provider(s) who have adequate skills and knowledge of the digital accessibility standards cited, to: (i) remediate any violations which the Solutions cannot remediate–such as recorded videos, linked PDFs etc.–as UserWay shall reasonably instruct them; and (ii) perform such remediations soon after receiving the Claim, in order to render the claims invalid and moot.
  1. General Conditions: This Pledge is your sole and exclusive remedy, subject to all of the terms and conditions above, for digital accessibility lawsuits filed against you. UserWay’s obligations and liability to you with respect to all digital accessibility lawsuits is limited to all of the terms and conditions set forth in this Pledge. This Pledge is subject to and shall incorporate the conditions and limitations of any valid and applicable professional indemnity/professional liability insurance issued to or for the benefit of UserWay.
  2. Governing Law: These Terms and the validity and nature of the Pledge shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The competent courts in Delaware, shall have sole and exclusive jurisdiction over any dispute arising from or in connection with these Terms and Conditions.

Last updated

August 11, 2023