Terms of service

1. Who provides the service

Kaveia is provided by CETUSPRO SP. Z O.O., ul. Adama Matuszczaka 14, 35-083 Rzeszów, Poland, KRS 0000877163, NIP 8133850782, REGON 387860607, e-mail kontakt@kaveia.com. Below we are the Provider and you are the Client.

Kaveia is the name of the service. The party to the contract is CetusPro sp. z o.o.

2. Who this service is for

Kaveia is offered only to businesses and other entities contracting in connection with their business or professional activity, and to public sector bodies. We do not contract with consumers. By creating an account the Client confirms that it is contracting in connection with its activity.

3. What the service is, and what it is not

Kaveia scans websites for digital accessibility against the WCAG criteria and the EN 301 549 standard, and presents the result as a report in Polish and English.

The Client acknowledges that:

1. The audit is largely automated. Automation cannot check every accessibility criterion. The report marks some criteria as requiring human judgment, and that marking is part of the result, not a gap in it.
2. The report is not a conformance ruling, a certificate, or an accessibility statement within the meaning of digital accessibility law. It does not replace a human audit.
3. No detected issues does not mean the site conforms to WCAG. It means the tests that ran found no issues.
4. The result describes the state of the page at the time of the scan.

The Provider does not warrant that acting on the report will produce conformance with any law. Responsibility for the conformance of a site rests with its owner.

4. AI assisted judgment

Some criteria are judged with the help of a language model. Such results are labelled in the report and include the model reasoning. A model judgment can be wrong and requires human verification before it is relied on externally. The AI pass can be switched off per scan.

With the AI pass enabled, fragments of the scanned page are sent to the model provider outside the European Economic Area. The privacy policy describes this in detail.

5. Accounts and formation of the contract

Accounts are created by the Provider or by an administrator of the Client organization. Self registration is not currently available. The contract is concluded when the account is first signed into.

The password issued at account creation is temporary and must be changed at first sign in. The Client is responsible for keeping passwords confidential and for the actions of anyone it grants account access to.

6. Technical requirements

Internet access, a current web browser with JavaScript and cookies enabled, and a working e-mail address.

7. Acceptable use

The Client undertakes not to supply unlawful content.

By submitting an address for scanning, the Client confirms that it owns the target site or has permission from an authorized person to scan it. This is a condition of using the service, not a formality. The Provider does not verify the authority of the Client over the addresses it submits.

The following are prohibited:

1. scanning sites the Client is not authorized to scan,
2. using the service to bypass security measures, overload or disrupt a target site,
3. attempting to access data of other Clients,
4. automated submission of scans at a scale beyond normal use of the service.

The Provider may suspend account access where these rules are breached, and may terminate the contract for a serious or repeated breach.

8. Client responsibility for the scans it requests

If a third party brings a claim against the Provider in connection with the scanning of a site the Client was not authorized to scan, or with any other breach by the Client of section 7, the Client shall compensate the resulting damage and hold the Provider harmless, including reasonable legal costs.

The Provider shall notify the Client of such a claim without delay, allow the Client to take part in handling it, and shall not admit the claim or settle it without the consent of the Client, unless required by law or by a decision of a competent authority.

9. Intellectual property

1. All rights to the Kaveia service, including the software, the interface, the documentation and the name, belong to the Provider. This contract transfers none of them to the Client.
2. For the term of the contract the Client receives a non-exclusive, non-transferable right, without the right to sublicense, to use the service in its own activity. The Client may not copy, decompile or modify the software beyond what mandatory copyright law permits.
3. Performing an audit requires reproducing the content of the scanned site, including taking screenshots. The Client grants the Provider a royalty free licence to reproduce, store and present in the report the content of the scanned sites, to the extent and for the time needed to perform the service and to retain the result in line with the privacy policy. The licence expires when the data is deleted.
4. The audit report belongs to the Client. The Client may use it without restriction, including passing it to third parties, to its own clients and to public authorities.
5. The Provider may use anonymized and aggregated statistics about the operation of the service, in a form that identifies neither the Client nor the scanned sites, to develop the service.

10. Confidentiality

1. Each party keeps confidential the non-public information of the other party obtained in connection with this contract. On the Provider side this covers in particular audit results and the defects found.
2. The obligation does not cover publicly available information, information already known to a party without breach of confidence, or information whose disclosure is required by law or by a decision of a competent authority. A Client that is a public body discloses information to the extent required by public information access law.
3. The obligation lasts for the term of the contract and three years after it ends.

11. Availability

The service is provided on an as available basis. At this stage the Provider does not warrant any particular level of availability or scan completion time. The Provider may carry out maintenance and may change the scope and operation of the service.

The number of concurrent scans and the number of pages in a site audit may be limited. Current limits are shown in the application.

12. Data

Personal data handling is described in the privacy policy. In particular, audit results and screenshots are kept for 90 days, and after an organization is deleted we retain the account event record and a technical cache of AI judgments containing fragments of publicly published content from scanned pages.

Where we process personal data for which the Client is the controller, we enter into a data processing agreement with the Client.

13. Liability

The Provider is liable without limitation for damage caused intentionally. Otherwise the liability of the Provider is limited to the fees paid by the Client for the three months preceding the event, and is excluded where the service is provided free of charge.

The Provider is not liable for lost profits or indirect damage.

These limitations do not apply where limiting or excluding liability is not permitted by mandatory law.

14. Complaints

Complaints may be sent to kontakt@kaveia.com and should state the name of the Client, a description of the problem and the date it occurred. We respond within 14 days of receipt.

15. Changes to these terms

We will announce changes in the application or by e-mail at least 14 days before they take effect. A Client that does not accept a change may terminate before it takes effect.

16. Termination

The Client may stop using the service at any time. The Provider may terminate on 30 days notice, and with immediate effect in the cases described in section 7.

After termination, data is deleted in accordance with the privacy policy.

17. Final provisions

1. Neither party is liable for failure to perform caused by force majeure, meaning an external event it could not prevent. The affected party notifies the other without delay.
2. The Provider may use subcontractors to perform part of the service and remains liable for their acts as for its own. Subcontractors processing personal data are listed in the privacy policy.
3. The Client may not transfer its rights and obligations under this contract without the consent of the Provider. The Provider may transfer them to a legal successor on 30 days notice to the Client.
4. Notices are served by e-mail: to the Client at the address attached to its account, to the Provider at the address in section 1. A notice is deemed served on the next working day after it is sent.
5. If any provision of these terms proves invalid or ineffective, the remaining provisions stay in force, and the invalid provision is replaced by the one closest to its commercial purpose.
6. These terms, the privacy policy and any data processing agreement signed with the Client form the whole of the arrangements between the parties regarding use of the service.

18. Governing law

Polish law applies. Disputes are resolved by the court having jurisdiction over the registered office of the Provider.

These terms are made available free of charge before the contract is concluded, in a form that allows them to be downloaded, reproduced and stored.