The following Terms of Use govern access to and use of A11y-AI (hereinafter also referred to as the "Service"). This Service is owned and operated by denkwerk GmbH (hereinafter also referred to as "denkwerk" or "we" in the respective declension), whereby we work with the AI of OpenAI for the Service.
A11y-AI is offered subject to your acceptance of the then-current version of the Terms of Use contained herein and all other posted operating rules, policies and procedures (collectively, the "Agreements").
By accessing A11y-AI and using the Service, you agree to be bound by the Agreements. If you do not agree to the Agreements, please do not use A11y-AI. It is also important to note that denkwerk is not responsible for the output of the reports generated, i.e., denkwerk is not liable for the completeness of the information / statements in the generated reports.
A11y-AI offers users the option of entering a URL of any website via the "Type any website" input field in order to then receive an AI-generated report on the accessibility of this website. This report is available in two versions: An informative variant with pure facts or an animated, personal variant that is linked to a persona that has a predefined restriction and analyzes the accessibility analysis of the entered website on this basis. The reports created (also known as "audits") may be copied and reused by the user. However, only three reports can be generated per day by one and the same user (report restriction).
denkwerk and OpenAI OpCo, LLC, the creator of the report ("OpenAI"), are different companies. There is no relationship between denkwerk and OpenAI, except that denkwerk is a licensee and user of the OpenAI API for the purpose of providing A11y-AI. OpenAI is therefore not responsible for A11y-AI and does not provide support for A11y-AI. These agreements do not apply to the use of the OpenAI service, rather such use is subject to the OpenAI Terms of Use available on the https://openai.com website.
Please read our privacy policy.
You are fully responsible for all activities that occur under your A11y-AI account and for all other actions taken by you or other users in connection with that account. You are required to notify A11y-AI immediately of any unauthorized use and any unauthorized user of your A11y-AI account or any other breach of security. denkwerk will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We are the owner of all intellectual property rights in the A11y-AI website. We grant you a limited, non-exclusive, ultimately revocable license to use A11y-AI and the reports generated there. These rights of use do not include the right for you to reproduce or otherwise use the trademarks, service marks, trade names, logos, domain names or other features of the A11y-AI brand, whether for commercial or non- commercial purposes.
We reserve the right to modify this Agreement at any time and for any reason. Any changes we make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page. Your continued use of or access to A11y-AI following the changes to the Agreement constitutes your acceptance of those changes.
denkwerk may terminate the Agreements and immediately suspend your access to the A11y-AI Service.
denkwerk does not assume any warranty for A11y-AI, its contents and/or the completeness of the reports generated there. Also, denkwerk hereby disclaims all warranties of any kind, whether express, implied, statutory or otherwise.
You represent and warrant that your use of A11y-AI will be in strict accordance with this Agreement. In particular, you represent and warrant that:
You agree to indemnify and hold denkwerk harmless from all claims and expenses, including attorneys' fees, arising out of your use of A11y-AI, including but not limited to your violation of this Agreement.
The Agreement shall be governed by German law. All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Germany.
This Agreement constitutes the entire agreement between denkwerk and you with respect to the provision of the A11y-AI. The agreement is between you and us. It is not intended to confer any rights on any other person, including the right to enforce any of its terms. Failure or delay by us to enforce the Agreement or any of its provisions shall not constitute a waiver of our right to do so. We may assign our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement. Each of the terms and conditions of the Agreement shall apply separately. If any court or competent authority decides that any of the provisions are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect and will be construed as nearly as possible to reflect the intentions of the parties as originally expressed in the Agreement.
The foregoing Terms of Use shall also apply mutatis mutandis in the event that A11y-AI uses the Website in connection with OpenAI. However, some exceptions apply (details can be found at https://openai.com/policies/terms-of-use). Essentially, this means that OpenAI reserves the right to use your input (prompts) and the resulting output. OpenAI therefore grants you a non-exclusive, but commercially usable right to use the outputs, unlimited in time and space.
If you have any questions, comments or requests regarding this agreement or if you notice an incorrect, offensive or unusable report, please send an e-mail to a11y-ai@denkwerk.com or write to us at:
denkwerk GmbH,
Vogelsanger Straße 66,
50823 Cologne
or at hello@denkwerk.com