These Terms of Use (hereinafter "ToU") govern access to and use of the Includdy platform and the Includdy browser extension (hereinafter collectively the "Service"), published by Includdy.
By accessing or using the Service, the User acknowledges having read these Terms of Use and accepts them without reservation. If the User does not accept the Terms of Use, they must cease all use of the Service.
1. Definitions
- "Includdy" or "the Publisher": Includdy, a SASU with capital of €1,000, registered with the Nice Business Register under number 928 429 554, with its registered office located at 1 avenue Général Weygand, 06000 Nice, France.
- "User" or "Client": any natural or legal person accessing the Service and having an account.
- "Platform": the web application accessible at https://includdy.com, allowing project management, accessibility report consultation, and team collaboration.
- "Extension": the Chrome DevTools browser extension published by Includdy, allowing accessibility analysis of web pages.
- "Account": the User's personal space, created upon registration and providing access to the Service's features.
2. Purpose
These Terms of Use define the conditions of access to and use of the Service. The Service allows professionals to:
- Diagnose the digital accessibility of their websites in accordance with EAA, WCAG, and RGAA frameworks;
- Receive recommendations and correction suggestions assisted by artificial intelligence;
- Collaborate as a team on accessibility audit projects;
- Export analysis results.
The commercial terms applicable to subscription are defined in the Terms of Sale (hereinafter "Terms of Sale").
3. Access to the Service and Registration
3.1 Access Conditions
Access to the Service is reserved for professionals (legal entities or natural persons acting in the context of their professional activity).
A free demonstration version may be offered, providing access to limited diagnosis without account creation. To benefit from all features, the User must subscribe to a plan in accordance with the Terms of Sale.
3.2 Account Creation
Registration requires providing accurate and up-to-date information. The User agrees to maintain the confidentiality of their login credentials and to inform Includdy without delay of any unauthorized use of their Account.
The User is solely responsible for activity conducted from their Account.
3.3 Teams and Invitations
A User with an administrator or owner role may invite other members to join their project. The inviting User is responsible for assigning roles and access rights within their team.
4. Service Description
4.1 Includdy Platform
The Platform allows:
- Creating and managing accessibility audit projects;
- Consulting EAA, WCAG, and RGAA compliance analysis reports;
- Obtaining code correction suggestions assisted by artificial intelligence;
- Managing team members and their roles;
- Exporting analysis results.
4.2 Browser Extension
The Extension allows analyzing the accessibility compliance of web pages directly from the browser by inspecting HTML structure, CSS styles, images, colors, contrast, interactive elements, and accessible names.
Analysis is performed locally in the User's browser. Only analysis results are transmitted to Includdy's servers when the User chooses to save a report.
4.3 Availability
Includdy strives to ensure the Service is available 24 hours a day, 7 days a week, but does not guarantee uninterrupted availability. The Service may be temporarily suspended for maintenance, updates, or in case of force majeure, without liability for compensation.
5. User Obligations
The User agrees to:
- Use the Service in accordance with its intended purpose and these Terms of Use;
- Not use the Service for unlawful purposes or contrary to public order;
- Not attempt to access Includdy's systems, servers, or networks without authorization;
- Not reproduce, copy, sell, resell, or exploit all or part of the Service without prior written authorization;
- Not use robots, automated scripts, or other means to access the Service in an abusive manner;
- Respect the intellectual property rights of Includdy and third parties;
- Inform Includdy of any security flaw or unauthorized use discovered.
The User remains solely responsible for implementing the recommendations provided by the Service. Includdy cannot be held responsible for the consequences of not implementing the suggested corrections.
6. Intellectual Property
All elements comprising the Service (software, algorithms, interfaces, texts, graphics, logos, databases, etc.) are protected by intellectual property law and remain the exclusive property of Includdy.
The User has a personal, non-exclusive, non-transferable right to use the Service for the duration of their subscription and within the limits provided by these Terms of Use and Terms of Sale.
Any unauthorized reproduction, representation, modification, distribution, or exploitation, in whole or in part, of the Service's elements is strictly prohibited and constitutes infringement punishable under intellectual property law.
7. Personal Data
Personal data collected in the context of Service use is processed in accordance with the Privacy Policy and the General Data Protection Regulation (GDPR).
The User has the right to access, rectify, delete, limit, port, and object to their personal data, which they may exercise by writing to [email protected].
8. Liability
8.1 Publisher's Liability
Includdy implements the necessary means to ensure the quality and reliability of the Service. However, the Service is provided "as is".
Includdy cannot be held responsible for:
- Temporary interruptions of the Service for maintenance or updates;
- Damages resulting from the use or inability to use the Service;
- The accuracy or completeness of accessibility analysis results, which constitute decision-making aid and not a legal compliance audit;
- Damages resulting from not implementing the provided recommendations.
Includdy's liability is limited to direct and foreseeable damages and shall not exceed the amount of sums actually paid by the User in the twelve (12) months preceding the event causing the damage.
8.2 User's Liability
The User is responsible for their use of the Service and its consequences. They indemnify Includdy against any third-party claim related to their use of the Service.
9. Suspension and Termination
Includdy reserves the right to suspend or terminate access to the Service for any User in case of:
- Breach of these Terms of Use;
- Abusive or fraudulent use of the Service;
- Non-payment of amounts due for the subscription.
In case of suspension or termination due to User breach, no refund shall be due.
The conditions for termination at the User's initiative are specified in the Terms of Sale.
10. Modification of Terms of Use
Includdy reserves the right to modify these Terms of Use at any time. Users will be notified of any modification by notification on the Platform or by email. Continued use of the Service after notification constitutes acceptance of the modified Terms of Use.
11. Applicable Law and Jurisdiction
These Terms of Use are governed by French law.
In case of dispute relating to the interpretation or performance of these Terms of Use, the parties will endeavor to find an amicable solution. Failing that, the dispute shall be brought before the competent courts of Nice.
12. Contact
For any questions relating to these Terms of Use:
- Email: [email protected]
- Address: Includdy, 1 avenue Général Weygand, 06000 Nice, France
This translation is provided for convenience only. In case of any discrepancy, the French version prevails.