allyWay Terms of Service

1. Parties, scope and definitions

1.1 These Terms of Service ("Terms") govern the use of allyWay, provided by BlueCloud Software d.o.o., Ulica Ivana Meštrovića 35, Sesvete, 10040 Zagreb, Croatia, OIB 81263662150 ("BlueCloud", "we", "us").

1.2 The service is offered exclusively to businesses (natural or legal persons acting in their trade, business or profession). By accepting these Terms, the customer confirms it does not act as a consumer. Consumers may not use the service.

1.3 Definitions:

• Service: the allyWay software, including the widget, scanner, dashboard, AI features, reports, badges, statement generator, APIs and documentation.
• Customer: the business that registers an account or orders a plan, including its users.
• Customer Website: any website, shop or app on which the customer installs or uses the Service.
• Changes: any modification the Service makes or proposes to a Customer Website, including automatic and AI-generated changes.
• Agency: a customer that uses the Service for websites of its own clients (section 10).

1.4 These Terms apply exclusively. Conflicting terms of the customer do not apply, even if we do not object to them or perform without reservation.

2. What the Service is – and what it is not

2.1 allyWay is a supporting tool that helps improve the accessibility of websites. It finds certain issues automatically, suggests or applies certain technical improvements and offers visitors display and reading options.

2.2 No guarantee of compliance. The Service does not make a website legally compliant, and we do not promise any result. In particular, we do not guarantee that a Customer Website meets WCAG, the European Accessibility Act (EAA), EN 301 549, national implementing laws (e.g. BFSG, the Croatian Accessibility Act), the ADA, Section 508 or any other law, standard or contract.

2.3 Automated checks are limited by nature. Automated tools detect only part of all accessibility barriers. Many requirements can only be assessed by people. The scanner checks the HTML of web pages only – not PDFs, documents, images of text, audio, video, apps or content behind logins, unless stated otherwise. Scan results, scores, reports, badges and statements reflect the state found at the time of the check, may be incomplete or wrong, and are not a legal or expert assessment.

2.4 No legal advice. Nothing in the Service, our website, help center, emails, support or AI answers is legal advice. The customer must obtain its own legal advice on its obligations.

2.5 Scores, badges, accessibility statements and similar outputs are templates and indicators. The customer decides whether to publish them and is solely responsible for their content and accuracy.

3. Customer responsibilities

3.1 The customer remains solely responsible for its websites, their content, design, functions and legal compliance, including accessibility obligations towards authorities, users and third parties.

3.2 The customer must:

• review every Change, especially visible ones, before approving it and check its website regularly after Changes;
• keep current backups of its website and be able to restore them at any time;
• test the Service on its website (e.g. on a staging site) before relying on it, and remove it immediately if it causes problems;
• install the code correctly and keep it installed; we are not responsible for wrong installation, removal, caching, plugins, themes, consent tools or other third-party software;
• keep its access data secret and inform us immediately of any misuse;
• provide accurate information and only add websites it is entitled to change.

3.3 Ongoing duty to check. The customer must check that the widget and all Changes work correctly on its website – at least after installation, after every approval, after every update of its website, theme or plugins, and otherwise at regular intervals. It must make sure that neither the Service nor AI output impairs the appearance, function, content or performance of its website. If it notices a problem, it must revert the affected Change or deactivate the Service immediately and inform us. Damage that a timely check would have avoided is borne by the customer.

3.4 Approvals in the dashboard (e.g. "Fix with AI", "Apply") are the customer's own decisions. Changes the customer approves, rejects, reverts or does not review are the customer's responsibility.

4. AI features and automated changes

4.1 Some functions use artificial intelligence (e.g. image descriptions, link and button names, fix suggestions, guides, answers). AI output can be incomplete, inaccurate, inappropriate or misleading. It is generated automatically and is not checked by us before it is shown or applied.

4.2 The Service may change how a Customer Website is displayed or read in the visitor's browser (e.g. colors, labels, focus styles, attributes, texts for screen readers). Such Changes can interact with the customer's code, themes, plugins, scripts or third-party services and may cause unexpected display, layout or functional errors.

4.3 Approval and reverting. Changes that alter what visitors see (e.g. colors, underlines, focus outlines, visible text) are only applied after the customer approves them in the dashboard. Changes that do not alter the visible design (e.g. names and descriptions read by screen readers) may be applied automatically. The customer can view, deactivate and revert every Change at any time in the dashboard ("Change back"). Not reverting a Change counts as accepting it.

4.4 Changes to the website after a fix. Many Changes depend on the structure of the website at the time they were made. If the customer (or anyone on its behalf) later changes the website, theme, plugins or content, Changes may stop working, work differently or cause errors. We are not liable for accessibility issues or errors caused by such later changes.

4.5 The customer must check AI output and Changes before relying on them, in particular texts that visitors can see or hear. We are not liable for the content of AI output or its consequences beyond section 8.

4.6 We may use third-party AI providers to deliver AI features. Customer content is processed only to provide the Service, as described in the Data Processing Agreement.

5. Availability, changes to the Service, third parties

5.1 We aim for high availability but do not guarantee that the Service is uninterrupted, error-free or available at any particular time. No service level applies unless agreed separately in writing.

5.2 Interruptions may occur in particular due to maintenance, updates, security measures, failures of hosting, network, CDN or AI providers, attacks, or events beyond our reasonable control (force majeure), including cyberattacks and denial-of-service attacks. We will try to announce planned maintenance in advance.

5.3 If the widget or other parts of the Service cannot load, the Customer Website should continue to work without them. We are not responsible for effects caused by the customer's own setup.

5.4 We may develop, change, replace or discontinue features, as long as the core purpose of the Service remains. We will inform customers of material changes in good time.

5.5 We may limit or end parts of the Service if we lose the rights or licences needed to provide them (e.g. from a third-party provider). Fees for the affected part are refunded pro rata.

5.6 The Service relies on third-party services (e.g. hosting, payment, email, AI). Their terms may also apply. We are not responsible for their availability or performance beyond our own obligation to choose them with care.

6. Fees, trial, billing, renewal, cancellation

6.1 Fees follow the plan selected at the time of the order. Prices are net, plus VAT where applicable (reverse charge for EU businesses with a valid VAT ID).

6.2 Payment via Stripe. All payments are processed by our payment provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland). Stripe's terms and privacy policy apply to the payment. We do not store full card details. Invoices are provided electronically in the dashboard and by email. Questions about billing? We're happy to help at billing@allyway.ai.

6.3 Trial: A free trial may be offered for a limited time. If not cancelled before the trial ends, it converts into the paid plan selected. We may end or change trials at any time.

6.4 Subscriptions are paid in advance and renew automatically for the same period unless cancelled before the end of the current period in the dashboard.

6.5 No refunds for partial periods, unused websites, downgrades, or for periods in which the Service was not used, unless required by mandatory law or stated otherwise here.

6.6 If payment fails, Stripe may retry the charge, also with other stored payment methods. We are not responsible for bank fees caused by charge attempts. If payment is still outstanding 10 days after a reminder, we may suspend the Service. Suspension does not end the obligation to pay. Suspended websites are not checked or fixed. Amounts outstanding at the end of the contract become due immediately, plus reasonable collection costs.

6.7 We may change prices with at least 30 days' notice before the next renewal. The customer can cancel before the new price applies.

7. Disclaimer of warranties

7.1 To the extent permitted by law, the Service is provided "as is" and "as available". We give no warranties, express or implied, in particular none of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, legal compliance or a specific result.

7.2 We do not warrant that the Service will detect or fix all accessibility issues, that Changes are correct or suitable for every website, or that use of the Service prevents complaints, warnings, fines, lawsuits or other claims.

7.3 Statutory warranty rights that cannot be excluded between businesses remain unaffected. Where they apply, the customer's remedy is limited, at our choice, to correction of the defect or a pro-rata refund of the fees paid for the affected period.

8. Limitation of liability

Summary in plain words: To the fullest extent the law allows, BlueCloud is not liable for accessibility violations of Customer Websites, for errors, outages or broken functions on Customer Websites, or for any loss of revenue, profit or business – regardless of the legal ground (contract, tort, warranty or any other) and regardless of whether the Service, a Change or AI output was involved. The only exceptions are the cases in 8.1 that the law does not allow us to exclude.

8.1 Unlimited liability applies only where mandatory law does not allow a limitation, in particular for damage caused intentionally or by gross negligence, for injury to life, body or health, and under mandatory product liability law.

8.2 Excluded damages. In all other cases, and to the extent permitted by law, we are not liable for:

• loss of revenue, sales, profit, orders, customers, traffic, rankings or business opportunities;
• fines, penalties, warning letters, legal fees, settlements or other claims by authorities, visitors, competitors, associations or other third parties, in particular for (alleged) accessibility violations;
• errors, outages, layout or display problems, broken functions or lost data on Customer Websites;
• indirect, incidental, consequential, special or punitive damages, and loss of goodwill or reputation;
• damage caused by Changes the customer approved, did not review or did not revert, by AI output, or by third-party software, hosting or services;
• damage the customer could have avoided by backups, testing or timely removal of the Service.

8.3 Slight negligence. For slightly negligent breaches of an essential contractual obligation (one whose fulfilment makes proper performance possible and on which the customer may regularly rely), our liability is limited to typical, foreseeable damage.

8.4 Liability cap. Our total liability from all claims under or in connection with these Terms, in any legal theory, is limited to the fees the customer actually paid for the affected website in the 6 months before the event giving rise to the claim. If this amount is lower than EUR 1,000, the cap is EUR 1,000. Free plans and trials: EUR 100, except as set out in 8.1.

8.5 We are also not liable for damage arising from outdated versions of the widget or code the customer did not update, from combining the Service with third-party software, or from modifications of the Service or its code by anyone other than us.

8.6 These limitations also apply to our employees, representatives, contractors and suppliers.

8.7 The customer must notify us in writing of any damage without undue delay after becoming aware of it, so that we can limit it. Damage that grows because the customer reported it late is not covered.

9. Indemnification

9.1 The customer shall indemnify and hold harmless BlueCloud against all claims by third parties (including authorities, visitors and the customer's own clients) and the reasonable costs of legal defence that arise from:

• the customer's websites, their content or their accessibility;
• the customer's breach of these Terms or of applicable law;
• Changes, AI output, statements or badges the customer approved or published;
• websites the customer added without being entitled to change them.

9.2 The same applies to statements the customer makes about the Service or its results to third parties (e.g. claims of compliance, certification or guaranteed accessibility) that go beyond these Terms, and to breaches of data protection law by the customer.

9.3 We will inform the customer of such claims without delay and allow it to take part in the defence. The customer may not settle a claim in our name without our consent.

10. Agencies, resellers and white label

10.1 Agencies may use the Service for their clients' websites. The agency is our only contractual partner. There is no contract between BlueCloud and the agency's clients.

10.2 The agency must have the right to install the Service on each client website, must pass on obligations at least as strict as these Terms (in particular sections 2, 4, 7 and 8) to its clients, and must not promise its clients more than these Terms provide (e.g. compliance guarantees).

10.3 The agency is responsible for its clients' use of the Service, for support towards its clients and for all approvals made in its account.

10.4 With white label, the agency may show its own name and logo. It must not remove legally required notices and must not present the Service as its own development in a misleading way towards authorities.

10.5 The agency indemnifies us under section 9 also against claims by its clients.

11. Acceptable use, suspension and termination

11.1 The customer must not: use the Service for unlawful purposes; scan or change websites without permission; reverse engineer, copy or resell the Service (except as an agency under section 10); overload, attack or bypass its security; or use it to build a competing product.

11.2 Abuse protection. The following are in particular prohibited and entitle us to block the account immediately:

• creating several accounts or trials, or changing details, to use a free trial or discount more than once;
• sharing one plan across more websites than booked, or moving the code to other domains;
• automated or mass use of free tools (scanner, contrast checker, generators) beyond normal use, scraping, and bypassing rate limits;
• using the scanner on websites the customer has no right to scan, or to put load on third-party websites;
• false information, fraudulent payments, chargebacks without good reason, or use of stolen payment methods;
• attempts to manipulate scores, badges or statements, or to present them in a misleading way.

The customer confirms that neither it nor its owners are listed on EU, UN, UK or US sanctions lists, and that it will not use the Service in breach of sanctions or export rules. We may report suspected criminal use to the authorities.

We may use technical measures against abuse (e.g. rate limits, fraud checks via Stripe, domain checks). Fees already paid are not refunded in cases of abuse; we may claim further damages.

11.3 We may suspend the Service immediately, fully or for single websites, if there is reason to believe it is being misused, if payment is overdue, or if this is necessary to protect the Service, other customers or third parties.

11.4 Either party may cancel at the end of the billing period. Either party may terminate for good cause without notice.

11.5 After termination, the widget stops working and Changes made by the Service are no longer applied. The customer can export its data for 30 days; after that we may delete it, subject to legal retention duties.

12. Intellectual property, badges and statements

12.1 All rights in the Service remain with BlueCloud and its licensors. The customer receives a non-exclusive, non-transferable right to use the Service for the term of the contract and for the websites in its plan.

12.2 The customer keeps all rights in its content. It grants us the rights needed to provide the Service (e.g. to read, analyse and display its pages).

12.3 Badges and generated accessibility statements may only be used while the subscription is active and only in a way that is not misleading. A badge does not state that a website is compliant or certified. We may require removal at any time.

12.4 We may use anonymised and aggregated data to improve the Service. Feedback may be used without restriction or payment.

12.5 We may name the customer as a reference only with its consent.

13. Data protection and confidentiality

13.1 Where we process personal data on behalf of the customer, the Data Processing Agreement (Art. 28 GDPR) applies and forms part of these Terms. It is available at allyway.ai/dpa; the current list of subprocessors is at allyway.ai/subprocessors. Our Privacy Policy explains how we process data as a controller.

13.2 The customer is responsible for informing its website visitors about the use of the Service and, where required, for obtaining consent (e.g. in its privacy policy and consent tool).

13.3 Both parties keep the other's non-public business information confidential and use it only to perform the contract. This does not apply to information that is public, was already known, or must be disclosed by law.

14. Changes to these Terms, governing law, final provisions

14.1 We may change these Terms with at least 30 days' notice by email or in the dashboard. If the customer does not object before the change takes effect, the new Terms apply. If it objects, either party may terminate at the effective date. We will point this out in the notice.

14.2 These Terms are governed by the laws of the Republic of Croatia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

14.3 Exclusive place of jurisdiction is Zagreb, Croatia. We may also sue the customer at its registered seat.

14.4 Disputes first in writing. Before going to court, the party raising a dispute must describe it in writing to the other party. Both parties will try to resolve it in good faith within 30 days. Urgent measures (e.g. injunctions to protect intellectual property) remain possible at any time.

14.5 The customer may not assign the contract without our consent. We may transfer it to an affiliated company or a successor.

14.6 If a provision is invalid, the rest remains valid. The invalid provision is replaced by a valid one that comes closest to its economic purpose.

14.7 Sections that by their nature continue after the contract ends survive termination, in particular sections 2, 4, 7, 8, 9, 12 and 14.

14.8 We record the date and version of the Terms each customer accepts.

14.9 These Terms are written in English. Translations are for convenience; the English version prevails.

14.10 Contact: BlueCloud Software d.o.o., Ulica Ivana Meštrovića 35, Sesvete, 10040 Zagreb, Croatia, OIB 81263662150 · legal@allyway.ai