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1. Preamble

Web DNA GmbH (hereinafter "Provider") offers a cloud-based SaaS solution at navable.io that enables websites to be designed and analyzed for accessibility (hereinafter "Software"). These Terms and Conditions (T&Cs) govern the contractual relationship between the Provider and its business customers (each a "Contracting Party"). Deviating terms and conditions of the contracting party are only valid if the Provider has expressly agreed to them in writing.

2. Definitions and Order of Precedence

  1. Definitions
    • Software: The widget including the associated dashboard, the Audit Tool (automated testing), and the Accessibility Statement AI Generator, operated on the Provider's servers.
    • Contract Form: Document that records the selected services and prices during the booking process.
    • Services: The entirety of software, dashboard, support, updates, and supplementary services.
  2. Document Order of Precedence

    In case of conflicts, the signed contract form takes precedence, followed by the dashboard description, then the SLA, and finally these T&Cs.

3. Scope of Services

  1. Provision

    The Provider grants a non-exclusive, non-transferable right to use the software and the new services (Audit Tool and AI Generator) for the contractually agreed domains.

  2. Functions
    • Widget customization.
    • Configuration and reports in the dashboard.
    • Automated audits with the Audit Tool.
    • AI-powered generation of accessibility statements with the AI Generator.

    Complete legal compliance (e.g., BFSG or WCAG 2.1) is not guaranteed.

  3. Widget – Scope and Disclaimer

    The navable Widget is designed to improve website accessibility. However, it is not a complete solution for achieving accessibility. The Contracting Party expressly acknowledges:

    • The Widget may automatically detect and fix some accessibility issues where possible, but this is not guaranteed and may be excluded in individual cases.
    • The Widget does not replace the need for a website design that is accessible from the ground up.
    • The Widget cannot detect or fix all accessibility problems.
    • New barriers may arise under certain circumstances.
    • Compatibility with all assistive technologies cannot be guaranteed.
    • Regular manual reviews and optimizations of the website are still required.
    • The Contracting Party remains fully responsible for independently designing its website to be accessible in accordance with applicable laws and standards (in particular BFSG, WCAG 2.1/2.2, EN 301 549).

    The Provider assumes no liability for the complete accessibility of the Contracting Party's website or for damages arising from a lack of accessibility.

  4. Audit Tool – Scope and Disclaimer

    The Audit Tool automatically detects and reports some potential accessibility issues. The Contracting Party expressly acknowledges:

    • Automated testing only detects part of the barriers. Many complex accessibility issues requiring human judgment or testing with assistive technology remain undetected.
    • Results from the Audit Tool are intended as guidance and a starting point for improvements, not as proof of legal compliance.
    • The Audit Tool does not replace manual testing or a final expert assessment.
    • The Contracting Party remains responsible for compliance with all accessibility laws and standards.

    A certificate or complete compliance cannot be guaranteed by the Audit Tool. The Provider is not liable for undetected barriers or their consequences.

  5. AI Generator – Scope and Disclaimer

    The AI Generator (Accessibility Statement with AI) provides suggestions and texts that must be reviewed and customized by the Contracting Party.

    • The AI-generated texts are templates and do not replace legal advice.
    • The Contracting Party is obliged to check the texts for accuracy and legal compliance before publication.
    • The Provider does not guarantee that the generated content complies with the applicable legal requirements for accessibility statements.
    • The Contracting Party alone bears responsibility for the final statement and its legal currency.
  6. Additional Services

    Individual services (e.g., manual audits, PDF optimization, special customizations) must be remunerated separately.

  7. Limitations of Accessibility Improvements

    The Widget and the software can improve accessibility but do not represent a complete solution. The Provider cannot guarantee to automatically detect or fix all accessibility issues.

    The Contracting Party remains obliged to design its website in accordance with all relevant standards (in particular BFSG, WCAG 2.1/2.2, EN 301 549) to be accessible. Manual review and optimization are still necessary.

4. Conclusion of Contract and Term

  1. Start of Contract

    Upon successful registration and selection of a plan in the dashboard.

  2. Term
    • Minimum term: one year (with annual billing) or one month (with monthly billing).
    • Renewal: for the same term, unless terminated in writing three months (annual) or one month (monthly) before expiry.

5. Prices and Payments

  1. Price Information

    The current net prices (plus VAT) are listed in the dashboard.

  2. Payment Method

    Remuneration is due in advance for the respective billing period.

  3. Price Changes

    Announced six weeks before they take effect. In case of price adjustments, the customer has a special right of termination up to two weeks after notification.

    The Provider may introduce new, substantial functionality (“Major Features”) that may be tied to price adjustments of specific subscriptions/plans. Such adjustments apply only to the affected subscriptions/plans; unchanged subscriptions/plans remain unaffected. The above notice periods and special termination right apply.

  4. Set-off & Retention

    Permitted only with undisputed or legally established counterclaims.

6. Duties to Cooperate

  1. Technical Requirements

    The contracting party is responsible for the necessary infrastructure (hosting, CMS version, browser compatibility) and integrates the integration code independently.

  2. Access Data

    Must be kept confidential. Unauthorized use must be reported to the Provider immediately.

  3. Testing & Monitoring

    Updates should be tested before productive use; in case of disruptions, appropriate backup and diagnostic measures must be taken.

7. Availability and Support

  1. Availability

    At least 99% on an annual average. Maintenance windows will be announced; short-term outages (e.g., network failure, patches) are not considered a breach.

  2. Support

    Response times and support channels are defined in the SLA. Inquiries can be made via the dashboard or by email.

8. Updates and Special Right of Termination

  1. Ongoing Maintenance

    The Provider ensures that the software remains functional and may apply updates/upgrades. Changes that extend the scope of services may be charged separately.

  2. Special Right of Termination

    Applies if a change to the software significantly impairs the agreed purposes of use. Termination must be exercised in writing or by email within one month of notification.

9. Liability and Warranty

  1. Warranty

    Warranty claims expire one year after service provision, except in cases of intent, gross negligence, and personal injury.

  2. Provider’s Liability
    • Unlimited in cases of intent, gross negligence, and for personal injury.
    • For simple negligence, only in case of breach of essential contractual obligations and limited to the typical, foreseeable damage.
    • Maximum liability per damage case: annual fee or at least €10,000; for multiple cases in a calendar year, a maximum of double that amount or €20,000.
    • Compensation for data loss: up to the amount of proper restoration costs.
  3. Liability Limitations

    Further claims, especially for loss of profit or indirect damages, are excluded. The regulations also apply to vicarious agents and representatives.

10. Confidentiality, Data Protection, Addendum on AI Services

  1. Confidentiality

    Confidential information may only be used to fulfill the contract and may not be disclosed to third parties. Exceptions apply to publicly known or independently obtained information.

  2. Data Protection

    Both parties comply with applicable data protection regulations (especially GDPR). If necessary, a separate agreement will be concluded.

  3. Data Processing – AI Generator
    • The AI models are operated on infrastructure within the EU (Sweden).
    • Personal data is processed in accordance with GDPR and EU requirements and is not transferred outside the EU/EFTA.
    • The Provider is the data processor; the Contracting Party remains the data controller under data protection law.
    • Personal data is only used for the respective output request, not for training purposes.
    • The Contracting Party must ensure that no "special categories of personal data" (Art. 9 GDPR) are transmitted unless appropriate legal bases and protective measures exist.
    • The Provider implements technical and organizational measures in accordance with Art. 32 GDPR.
  4. Severability Clause

    Invalid provisions do not affect the validity of the remaining provisions.

  5. Choice of Law & Jurisdiction

    German law applies; the UN Convention on Contracts for the International Sale of Goods is excluded. Place of jurisdiction is Berlin.