Terms and Conditions
Last Updated: January 2025
1. Provider and Scope
1.1 Provider
SSL Fruity AI GmbH & Co KG
Inkustraße 1–7/Stiege 2/Haus C/1. OG/Top 2109
3400 Klosterneuburg
Austria
Management: Ferdinand Ledermüller
Company Registration Number: 661608d
Legal Form: Limited Partnership (Kommanditgesellschaft)
Contact:
Germany: +49 160 155 0555
Austria: +43 650 37 50 530
Email: info@fruitly.net
1.2 Scope of Application
These Terms and Conditions apply to all services offered through the website accessibility-check.net (hereinafter "Platform"). By using our Platform, you accept these Terms and Conditions in full.
2. Service Description and Scope
2.1 Type of Service
We provide an automated testing platform that examines websites for potential accessibility issues. These services include:
- Automated analysis of websites for accessibility
- Generation of reports on identified issues
- Provision of a plugin to improve user experience
- Dashboard for managing and monitoring scans
2.2 Express Disclaimer of Liability
IMPORTANT: Our tools serve exclusively as aids for identifying potential accessibility issues. We expressly clarify:
- No Legal Compliance: Our tools do NOT guarantee compliance with legal requirements such as WCAG, ADA, Section 508, EAA, or other accessibility laws.
- No Substitute for Expert Review: Automated tests can only detect a portion of possible issues. Manual review by accessibility experts is required.
- Tool Character: We merely provide technical tools. The responsibility for the accessibility and legal compliance of your website lies solely with you.
- No Guarantee: We provide no warranty that using our tools will make your website accessible or legally compliant.
3. User Responsibility
3.1 Personal Responsibility
You as the user are fully responsible for:
- Compliance with all applicable accessibility laws
- Implementation of recommendations stated in our reports
- Review of all changes suggested by our tools
- Manual verification of automated test results
- Obtaining professional legal advice when needed
- Engaging accessibility experts for manual testing
3.2 Terms of Use
You agree to:
- Use the Platform only for lawful purposes
- Not engage in abusive use
- Keep access credentials confidential
- Provide truthful information during registration
4. Limitations of Liability
4.1 Exclusion of Liability for Content
We are not liable for:
- False positive or false negative test results
- Incomplete or inaccurate reports
- Legal consequences due to non-compliant websites
- Damage caused by implementing our recommendations
- Malfunctions of your website after using our tools
- Loss of business opportunities or revenue
- Fines or legal sanctions due to lack of accessibility
4.2 Limitation of Liability for Damages
To the extent legally permissible, our liability is limited to intent and gross negligence. We are particularly not liable for:
- Indirect damages or consequential damages
- Lost profits
- Data loss
- Business interruptions
- Reputational damage
4.3 Technical Availability
We strive for high availability of our services but do not guarantee it. We are not liable for:
- Service interruptions
- Maintenance work
- Technical failures
- Force majeure events
5. Data Protection and Data Processing
5.1 Data Hosting
All data is exclusively processed and stored on our own servers in Vienna, Austria. We do not use third-party cloud services for storing your data.
5.2 AI Processing
Our AI systems are operated entirely on our own servers in Vienna. No data is shared with third-party providers or external AI services.
5.3 No Data Sharing
We do not share your data with third parties, except:
- When legally required
- With your express consent
For more information, please see our Privacy Policy.
6. Pricing and Payment
6.1 Free Plan
The free plan remains permanently free and can be used at any time without cancellation.
6.2 Paid Plans
Paid plans are billed monthly or annually in advance. All prices include applicable value-added tax.
6.3 Cancellation
Paid subscriptions can be cancelled at any time at the end of the billing period. No refund is provided for periods already paid, except for statutory withdrawal rights.
7. Intellectual Property
All rights to the Platform, tools, reports, and generated content belong to SSL Fruity AI GmbH & Co KG. You receive only a non-exclusive, non-transferable right to use for the duration of your usage.
8. Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. Changes will be communicated to you via email or upon your next login. Your continued use after notification of changes constitutes acceptance.
9. Final Provisions
9.1 Applicable Law
These Terms and Conditions and all legal relationships between you and us are exclusively governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 Place of Jurisdiction
The exclusive place of jurisdiction for all disputes is, to the extent legally permissible, Klosterneuburg, Austria.
9.3 Severability Clause
Should individual provisions of these Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions.
10. Contact
If you have questions about these Terms and Conditions, please contact us at:
Email: info@fruitly.net
Phone: +43 650 37 50 530 (Austria) or +49 160 155 0555 (Germany)