Terms of Service - DOCK WCAG

1. General Provisions

1.1. This Terms and Conditions (hereinafter referred to as the “Terms”) precisely defines the conditions and rules under which the use of the Solution for digital accessibility (hereinafter referred to as the “Solution” or “Widget”), offered by Dock sp. z o.o. (hereinafter referred to as the “Company” or “Service Provider”), with its registered office at ul. Rakoczego 9/73, 80-288 Gdańsk, identified by NIP: 9571173402, and registered in the entrepreneurs’ register maintained by the District Court in Gdańsk, VII Commercial Division of the National Court Register under number KRS: 0001105135.

1.2. The Solution is a specialized tool designed to support and facilitate the provision of digital accessibility for websites, compliant with internationally recognized Web Content Accessibility Guidelines (WCAG) versions 2.1 and 2.2 at AA level, ensuring its adequacy with legal and technical requirements.

1.3. The initiation of use of the Solution implies the unconditional and complete acceptance of the provisions of these Terms, which are continuously available on the Company’s website at wcag.dock.codes, enabling the User to review its content at any time.

1.4. In matters not covered by these Terms, the applicable provisions of Polish law shall apply, including in particular the provisions of the Civil Code, the Act on the Provision of Services by Electronic Means, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), along with all other applicable legal acts.

1.5. The possibility of contacting the Service Provider is ensured via email: hello@dock.codes for general inquiries or wcag@dock.codes for matters related to technical support, facilitating efficient communication.

1.6. These Terms enter into force on 01.12.2024 and remain in effect indefinitely, subject to the possibility of amendments as provided in the final provisions.

2. Definitions

2.1. User – refers to any natural person, legal entity, or organizational unit without legal personality that accesses and uses the Solution based on these Terms, committing to comply with its conditions.

2.2. Solution/Widget – refers to specialized software provided by the Company, designed to enable the adaptation of websites to stringent digital accessibility requirements, including through the implementation of features supporting individuals with various functional limitations, such as motor, visual, dyslexia, epilepsy, or ADHD impairments.

2.3. User’s Website – indicates a specific website where the User installs and implements the Solution, forming the basis for its active use.

2.4. SLA (Service Level Agreement) – constitutes a separate agreement defining the guaranteed level of service, particularly the minimum availability of the Solution at 98% throughout the calendar year, measured objectively and documented.

2.5. Outage – is defined as a state of unavailability of the Solution resulting solely from causes attributable to the Service Provider, preventing the User from fully utilizing its functionality, excluding external factors.

3. Solution Features

3.1. The Solution provides a comprehensive set of features aimed at improving the digital accessibility of websites, including the following elements:

Profile for Individuals with Motor Impairments: This function involves the complete disabling of animations on the page, minimizing potential interaction difficulties.
Profile for Visually Impaired or Blind Individuals: Activation of an advanced text-to-speech function, providing auditory support for navigation.
Profile for Individuals with Color Blindness: Increased color saturation to facilitate the differentiation of visual elements.
Profile for Individuals with Visual Impairments: Comprehensive disabling of animations, text size enlargement, increased color saturation, and cursor enlargement, collectively enhancing readability and usability.
Profile for Individuals with Dyslexia: Disabling animations, changing the font to one specifically designed for dyslexics, along with increased color saturation, facilitating the reading process.
Profile for Individuals with Epilepsy: Disabling animations and reducing color saturation, minimizing the risk of triggering attacks.
Profile for Individuals with ADHD: Disabling animations, reducing color saturation, and displaying a concentration aid line during reading.
Profile for Learners: Disabling animations combined with text size enlargement, supporting the educational process.
Additional Features: The ability to gradually increase font size, highlight links and buttons, increase spacing between characters and lines, invert colors, enhance contrast, adjust color saturation, enlarge the cursor, hide multimedia, display a concentration aid line, and change the font to a dyslexia-specific style.
Generation of Alternative Text (alt text): The Solution utilizes advanced artificial intelligence (AI) technology to automatically generate alternative text for images on the User’s website, supporting compliance with WCAG 1.1.1 requirements. This feature is available in Starter, Pro, and Business packages. The User is responsible for verifying and adjusting the generated descriptions to ensure their accuracy and relevance to the website content.

3.2. The Solution provides automatic generation of a template accessibility statement, fully compliant with the requirements specified in WCAG standards and including space for entering exclusions not detectable by the widget as per the directive, facilitating the User’s compliance with legal obligations.

3.3. The Solution operates on a subscription model, offering various packages (Free, Starter, Pro, Business) with precisely defined display limits and the number of pages assigned to the User’s account:

Free: Limited to 5,000 displays per month, with a maximum of 1 page assignable.
Starter: Limited to 50,000 displays per month, with a maximum of 3 pages assignable.
Pro: Limited to 500,000 displays per month, with a maximum of 10 pages assignable.
Business: No display limit per month, with a maximum of 100 pages assignable.

3.4. The premium version (covering Starter, Pro, and Business packages) offers priority technical support and significantly increases page limits, enhancing the efficiency of using the Solution. The Widget is fully configurable, allowing customization of the color palette, default position on the page, and enabling/disabling specific options. It is also possible to create a custom HTML widget and integrate it via selector configuration.

3.5. Once the display limit is exhausted in a given month, the Solution becomes inactive until the end of the billing period or until a higher package is purchased. The Solution supports multiple languages, including: Bosnian, Czech, German, English, Spanish, French, Italian, Kashubian, Lithuanian, Dutch, Norwegian, Polish, Portuguese, Romanian, Slovak, Finnish, Greek, Bulgarian, Kazakh, Russian, Ukrainian, Arabic, and Hindi, enabling adaptation to websites in various language versions.

3.6. The Solution is designed based on WCAG 2.1 and 2.2 guidelines at AA level, supporting digital accessibility practices. However, the widget does not guarantee full compliance with WCAG, ADA (Americans with Disabilities Act), EAA (European Accessibility Act), or other regulations—full compliance requires appropriate website source code, content, and an audit by the User. The Service Provider is not liable for legal violations resulting from the User’s website noncompliance.

4. Conditions of Use of the Solution

4.1. The Solution may be installed on websites only in accordance with the detailed technical documentation provided by the Service Provider, ensuring its proper functioning and compliance with standards. For systems such as WordPress, Joomla, ModX, and PrestaShop, installation is facilitated through extensions, while detailed documentation is available for other systems. The Solution operates exclusively in a SaaS (Software as a Service) model, without the option for a local version, ensuring continuous updates and WCAG compliance.

4.2. The User undertakes to strictly adhere to the following principles:

Using the Solution in a manner consistent with its intended purpose, applicable laws, and widely accepted internet ethics principles.
Performing correct installation and configuration of the Solution in full compliance with the provided technical documentation.
Systematically monitoring the usage of the display limit within the selected subscription package.

4.3. The User bears sole responsibility for adapting their website to stringent digital accessibility requirements when the Solution’s installation is performed independently, without the Service Provider’s involvement. The Widget supports website adaptation to WCAG requirements but does not guarantee full compliance—appropriate source code and content are also required. Changes to the website content are not necessary, but some issues (e.g., structure) may require manual adjustments; if needed, the Service Provider offers additional paid developer support.

4.4. Using the Solution requires unconditional acceptance of these Terms, which may be confirmed through the account registration process, clicking the “I Accept the Service Terms” option, or the actual commencement of using the Solution, constituting a binding declaration of intent.

4.5. The Solution is intended exclusively for users who have reached the age of majority under the law or have obtained explicit consent from a parent or legal guardian in the case of minors, in accordance with applicable legal provisions.

4.6. Using the Solution in the free version does not require the provision of payment details, such as a credit card.

4.7. Technical Requirements: The Solution is fully compatible and supports the following web browsers: Google Chrome 128, Safari 17.5, Microsoft Edge 127, Mozilla Firefox 129, Samsung Internet 24.0, Opera 111, Brave 1.65, UC Browser 13.5, Vivaldi 6.7, Yandex Browser 24.6, QQ Browser 11.0, Tor Browser 13.0.15, Maxthon 7.0, Coc Coc 108, Internet Explorer 11, ensuring optimal performance in commonly used environments.

5. License

5.1. The Service Provider grants the User a non-exclusive, non-transferable, and non-sublicensable license to use the Solution on one or more websites, strictly in accordance with the parameters of the selected subscription package, forming the legal basis for use. The number of pages depends on the plan: free – 1 page; paid – up to the package limit. The display limit applies to the entire account.

5.2. This license does not transfer any ownership rights to the Solution to the User, and all intellectual property rights, including copyrights and related rights, remain the sole property of the Service Provider, without the possibility of infringement.

5.3. The User is strictly obliged to refrain from the following actions:

Copying, modifying, reproducing, adapting, or creating derivative works based on the Solution.
Conducting reverse engineering, decoding, or attempting to obtain the Solution’s source code.
Using the Service Provider’s trademarks, logos, or other intellectual property elements without the prior written consent of the Service Provider.

6. Rights and Obligations of the User

6.1. The User is entitled to:

Use the Solution within the scope strictly defined by the provisions of these Terms and the parameters of the selected subscription package.
Reporting any errors or non-compliance with WCAG requirements, along with a detailed description of the issue and precise identification of the website component, in accordance with the User’s selected package.

6.2. The User is strictly obliged to:

Ensure proper integration of the Solution with their website, in accordance with best technical practices.
Promptly reporting any technical issues to the email address wcag@dock.codes to enable a swift response.
Complying with all applicable laws, including those concerning personal data protection, under penalty of liability.
Not sharing account access data with third parties (prohibition on account sharing). The User bears full responsibility for all actions performed through their account, including violations of the Terms or legal provisions resulting from account sharing. In the event of detected account sharing, the Service Provider reserves the right to suspend or block the User’s account without refunding payments.

6.3. The User bears sole and full responsibility for any violations resulting from the improper use of the Solution or installation not in accordance with the provided documentation, which may lead to legal consequences.

6.4. Prohibition on Illegal Use: The User is strictly obliged to refrain from using the Solution to distribute spam, content infringing third-party rights, materials of an illegal, offensive, discriminatory nature, or those contrary to applicable laws, including Polish and EU law. In the event of a breach of this obligation, the Service Provider reserves the right to immediately suspend or terminate the agreement with the User without the obligation to refund paid fees, as well as to take legal action to protect its interests and those of third parties.

7. Rights and Obligations of the Service Provider

7.1. The Service Provider undertakes to:

Ensure the availability of the Solution at a minimum of 98% throughout the calendar year (SLA), which is measured and guaranteed.
Systematically monitor the functionality of the Solution and provide immediate responses to User reports to maintain high service quality.
Conduct necessary updates to the Solution to improve its functionality or ensure compliance with new WCAG standards.

7.2. The Service Provider shall not be liable for:

Unavailability of the Solution due to the operation of external servers, networks, or the User’s infrastructure, which is beyond the Service Provider’s control.
Errors resulting from improper integration of the Solution by the User, contrary to the documentation recommendations.
Acts of force majeure (e.g., global outages, DDoS attacks, natural disasters) that prevent service delivery.
Scheduled maintenance downtime, for which the User has been notified with at least 24 hours’ notice.
Inaccuracy of automatically generated alternative text (alt text) if it results from errors in input data provided by the User or other factors beyond the Service Provider’s control.

7.3. Upon receiving an Outage report, the Service Provider commits to taking corrective actions in the shortest possible time, with the duration of the Outage calculated from the moment of reporting until its effective resolution.

7.4. In the event of exceeding the established SLA level, the User is entitled to submit a request for a proportional refund of costs in the form of a discount for the next billing period, serving as compensation for inconvenience.

7.5. Updates and Technical Support: The Service Provider commits to regularly providing updates to the Solution to ensure its compliance with current standards, including WCAG, and to improve its functionality. The User will be notified of planned updates with at least 48 hours’ notice, unless the update is required for urgent reasons (e.g., resolving critical bugs or security breaches). Technical support includes assistance with installation, configuration, and troubleshooting, provided during working hours (9:00–17:00 CEST, business days) via the channels specified in section 7.2. Technical issue reports should be submitted in writing to wcag@dock.codes, including a detailed problem description, enabling the Service Provider to take effective action within a reasonable timeframe, not exceeding 5 business days from the report, unless the situation requires priority intervention.

7.6. The Service Provider shall not be liable for the non-performance or improper performance of obligations under these Terms in the event of force majeure, such as natural disasters, wars, riots, power outages, failures of telecommunications infrastructure independent of the Service Provider, or other extraordinary events preventing service delivery. In such circumstances, the Service Provider will promptly notify the User of the situation and anticipated effects, taking actions to minimize inconvenience within its capabilities.

8. Personal Data Protection and Confidentiality

8.1. Scope of Data Processing by the Solution:

Widget: The Solution in the form of a widget does not process personal data of website users, except for data necessary for traffic analysis and service performance monitoring. Only network IP addresses and browser agents are collected, used exclusively for analytical purposes. These data are stored for a period not exceeding 60 minutes from the time of collection and are not used to identify individual users.
Service Provider’s Store: In the process of purchasing the Solution through the Service Provider’s store, the User may be requested to provide company data, such as company name and contact details, which are recorded on the client’s account for order fulfillment and subscription management. The processing of these data falls under the sole responsibility of the Service Provider as the data controller, in accordance with the Privacy Policy available at wcag.dock.codes, and the data are stored for the period necessary to fulfill the agreement and in compliance with applicable legal provisions.

8.2. The Service Provider acts as the data controller solely with respect to data provided by the User during registration, configuration of the Solution, or purchase through the Service Provider’s store, in accordance with the Privacy Policy available at [insert address].

8.3. The User bears full responsibility for ensuring compliance of their website, including any store, with personal data protection regulations, including Regulation (EU) 2016/679 (GDPR), and for appropriately securing processed personal data.

8.4. The Service Provider does not store or publish the User’s website source code, except for data necessary for training artificial intelligence (AI) models to improve the Solution’s functionality, while adhering to the confidentiality principles outlined in these Terms.

8.5. The User and the Service Provider undertake to maintain the confidentiality of all commercial, technical, operational, administrative, business, corporate, financial, and personal information (including that concerning representatives and contact persons) acquired in connection with the use of the Solution (“Confidential Information”). Confidential Information includes, in particular, cooperation terms, mutual settlements, and any data obtained during negotiations, conclusion, or performance of these Terms. The Parties commit to using Confidential Information solely for the proper use of the Solution and not disclosing it to third parties during the period of use of the Solution and for 5 years thereafter. The Parties may disclose Confidential Information to their employees or collaborators if necessary to perform their duties, provided such individuals are bound by confidentiality obligations. In case of doubt regarding the nature of the information, a Party must seek clarification from the other Party in writing.

8.6. The data controller for the User’s personal data is Dock sp. z o.o. Data are processed for the purposes of fulfilling these Terms (Article 6(1)(b) GDPR), pursuing the Service Provider’s legitimate interests (e.g., direct marketing of services) (Article 6(1)(f) GDPR), and complying with legal obligations (Article 6(1)(c) GDPR). Data will be stored for 5 years from the end of using the Solution, unless a longer period is required by law. The User has the right to access their data, rectify it, request its erasure (if processing is not required by law), restrict processing, object to processing, and request data portability. The User may lodge a complaint with the President of the Personal Data Protection Office. Data may be shared with entities within the Service Provider’s capital group or subcontractors (e.g., accounting firms, law firms). Data may be transferred to third countries (e.g., Google, Facebook) based on mechanisms such as Privacy Shield or with the User’s consent. Providing data is voluntary but necessary to use the Solution. For data protection matters, contact: finance@dock.codes.

8.7. The Parties declare that each acts as a separate controller of personal data provided for the conclusion and performance of these Terms, including data of representatives and contact persons. The Service Provider fulfills the information obligation under Articles 13 and 14 of the GDPR through the Privacy Policy. In the event that the User is granted access to the Service Provider’s systems containing personal data (e.g., server, database), the User becomes a processor or sub-processor of such data and undertakes to process them in accordance with GDPR and any data processing agreement. The Service Provider entrusts the processing of personal data only to the extent necessary to perform these Terms.

9. Payments

9.1. Fees for using the Solution are strictly defined in the current pricing list available at wcag.dock.codes, where all prices are expressed in euros (EUR) and do not include taxes (e.g., VAT), which the User is obliged to pay in accordance with applicable tax laws.

9.2. Subscription Model and Automatic Renewal:

Payments are made on a subscription basis, with the option of automatic renewal for the next billing period, which is default disabled upon activation of a paid plan.
The subscription is automatically renewed for the next billing period, consistent with the selected plan (e.g., Business or Pro), upon expiration of the previous period, provided the User enables this option in their account settings before the end of the current period.
The User has the right to disable the automatic renewal option and effect a successful cancellation of the subscription. Cancellation requires adjusting settings in the user panel or submitting a written request to wcag@dock.codes, including account details and identity confirmation. Confirmation of cancellation will be sent by the Service Provider to the provided email address.

9.3. In the event of a failed payment attempt, the Service Provider reserves the right to make further attempts to charge the credit card or alternative payment method to settle any outstanding amounts.

9.4. Any delays in making payments may result in the imposition of default interest at the maximum rate permitted by applicable Polish law, serving as a penalty for breaching payment deadlines.

10. Refund Policy

10.1. The User is entitled to cancel their subscription within 14 days from its commencement by submitting a relevant request to wcag@dock.codes, including their first name, last name, domain name, and proof of payment, enabling the processing of the request.

10.2. After the 14-day period, refunds are not possible, except in cases where the Service Provider fails to meet obligations under the SLA, which forms the basis for claims.

11. Intellectual Property

11.1. All intellectual property rights to the Solution, including the source code, trademarks, logos, and technical documentation, remain the sole property of the Service Provider, without the possibility of transfer to the User.

11.2. Data provided by the User for the training of AI models of the Solution may be used by the Service Provider solely to improve the Solution’s functionality, without the right to publication or other use beyond this scope.

11.3. Any ideas, suggestions, or feedback provided by the User in connection with the Solution may be utilized by the Service Provider to enhance services, without the obligation to provide additional compensation.

12. Termination of Agreement and End of Use

12.1. The Service Provider reserves the right to terminate the agreement with the User in the event of a breach of these Terms, serving as a sanction for improper conduct.

12.2. The User may terminate the use of the Solution by successfully cancelling their subscription in accordance with section 9.2, resulting in the expiration of access rights.

13. Liability

13.1. The Service Provider does not guarantee that the use of the Solution will ensure full and absolute compliance of the User’s website with WCAG requirements, which depends on various external factors.

13.2. The User bears sole responsibility for any claims arising from the improper use of the Solution or changes made to the website after its implementation, which may lead to legal consequences.

13.3. The total liability of the Service Provider for damages resulting from the use of the Solution is limited to the amount of fees paid by the User in the 6 months immediately preceding the event causing the damage.

13.4. Limitation of Liability for Legal Compliance: The Service Provider does not guarantee that the use of the Solution will protect the User from claims or penalties arising from violations of digital accessibility regulations (e.g., WCAG, ADA, EAA). The User bears full responsibility for auditing and adapting their website, and the Service Provider is not liable for damages resulting from such violations, including financial penalties or legal costs.

14. User’s Right to Withdraw from the Agreement

14.1. A User who is a consumer within the meaning of Article 22¹ of the Civil Code, i.e., a natural person performing a legal act not directly related to their business or professional activity, has the right to withdraw from a distance agreement within 14 days from the date of its conclusion, without stating a reason or incurring costs, except for costs specified by law.

14.2. The withdrawal statement should be sent to wcag@dock.codes or by mail to the Service Provider’s registered office, including the User’s details and the date of the agreement. A withdrawal form is available at [insert address].

14.3. In the event of a successful withdrawal, the agreement is terminated, and the Service Provider will refund the payment made within 14 days from receipt of the statement, using the same payment method as used by the User, unless the User agrees to an alternative refund method.

15. Complaint Procedure

15.1. The User is entitled to submit complaints regarding the quality or availability of the Solution, which should be reported in writing to wcag@dock.codes within 30 days of the event forming the basis of the complaint. The report must include a detailed description of the issue, the occurrence date, and the User’s contact details, enabling a thorough review of the matter.

15.2. The Service Provider undertakes to review complaints within 14 business days from receipt, with the proviso that in the case of complex matters, this period may be extended to 30 days, with the User being notified. The response to the complaint will be sent to the email address provided in the report.

15.3. If a complaint is deemed justified, the Service Provider will take corrective actions, such as restoring the Solution’s availability, providing a discount, or other measures agreed with the User, with the decision resting solely with the Service Provider.

15.4. Refusal to acknowledge a complaint or failure to respond within the specified period entitles the User to pursue further legal action, in accordance with section 14.2.

16. Final Provisions

16.1. The Service Provider reserves the right to amend these Terms at any time. Any changes will be published on [insert address] and take effect 14 days from the publication date, ensuring the User has time to review them.

16.2. Any disputes arising from the use of the Solution will be initially resolved amicably, and in the absence of an agreement, by the common court competent for the Service Provider’s registered office, in accordance with applicable law.

16.3. These Terms were published and entered into force on 01.12.2024, with the possibility of future updates in accordance with the provisions.