Terms and Conditions CFS – Consulting, Franchise & Sales GmbH (Europe)

Terms and Conditions Capito, Inc. (USA)

Terms and Conditions for the capito services of CFS - Consulting, Franchise & Sales GmbH (Europe)

CFS – Consulting, Franchise & Sales GmbH is called CFS for short.

 

The terms and conditions for capito services from CFS are written in easy-to-understand language so that more people can understand and read them more easily.

1. What are capito services?

capito services and products make our environment accessible.

capito services provide, for example:

  • Information that is easy to read and understand.
  • Digital solutions that promote accessibility.
  • Information on how to make services, homes and facilities accessible.

The services offered by capito include, for example:

  • Translations of difficult texts into easy-to-understand language. We call this Easy Reading.
  • Checking whether services, homes, facilities and websites are accessible.
  • Advice and training, including online courses and e-learning courses.
  • The capito app.
  • The capito webshop. You can find more information under point 6.
  • Accessible videos.
  • Checks if websites are accessible and meet the following requirements:
    • the guidelines for accessible web content (Web Content Accessibility Guidelines)
    • the Barrier-free Information Technology Ordinance in Germany
  • Accessible PDF files.
  • capito.ai. You can find more information under point 7.

CFS works with other providers for the capito services. For example, with payment providers or franchise partners and translation partners. The capito offer then states that a direct contract is concluded between you and these providers.

CFS is not liable for the selection and services of the other providers. In such a case, the additional contractual conditions of these providers also apply. CFS may always carry out capito services with the help of other providers.

2. What do these terms and conditions say?

These terms and conditions contain all the rules for purchasing or commissioning capito offers from CFS. Other rules only apply if they are written down. If you write your own terms and conditions, they do not apply. Unless CFS has agreed in writing that they do.

 

You must read these terms and conditions before you buy a capito product from CFS or place an order for a capito service. When you buy or order something, you confirm that you have read and understood these terms and conditions.

3. How do you buy or order a capito service?

You ask CFS for a written contract offer.
You can also look at the capito services on the CFS website.

The contract offer contains the following information:

  • What services does capito offer you exactly?
  • How much do these services cost you? The prices are stated without VAT.
  • If it is a fixed-term subscription contract, the total costs are shown.
  • If it is an open-ended subscription contract, you will find the monthly or annual costs.
  • What VAT do you have to pay? The payment page shows the percentage of VAT you have to pay. This varies from country to country.
  • How can you pay for the capito offers?
  • There are several options. For online offers, you can usually pay by credit card, direct debit, instant bank transfer, PayPal or invoice. Sometimes it is possible to pay for the capito product with vouchers in full or in part. These can also be vouchers from our sales partners.
  • If it is a subscription contract: How can you cancel the contract?
    • If you pay each month in advance and then cancel, your contract ends on the last day of the month for which you have already paid.
    • If you pay in advance every year and then cancel, your contract ends on the last day of the year for which you have already paid.
    • You can cancel the contract at any time for particularly important reasons.
  • Sometimes the contract offer also states how long it is valid for.
  •  

If you agree with the contract offer, you place an order with CFS.

You must place the order in German or English. You have the following options:

  • Order by letter or e-mail:
    To do this, you send a letter or e-mail to CFS. You can also simply sign the offer and send it back.
  • Order on a website for capito offers from CFS:
    To do this, you fill in the fields on the website and follow the instructions.
    You can view and correct your order again in the shopping cart. You submit your binding order by clicking on the “Order for a fee” button. You will then receive an automatic email confirming that CFS has technically received your order. These terms and conditions are also attached to the email as a PDF file. However, the contract is only valid when CFS confirms or fulfills it.
    As a consumer, you have special rights for online contracts. In the capito webshop, the regulations under point 6 also apply. For capito.ai, the regulations under point 7 also apply.

If the contract offer contains different proposals, you must clearly indicate which proposal you are placing the order for. CFS will send you a confirmation and work out a schedule with you.

You can also order other services during the collaboration, this is called “upgrading” or “upselling”. If these are additional services, the basic service remains the same as agreed. This means that you cannot delete or change anything in the agreed service. However, we will add the new order and recalculate the price.
If we agreed on time periods, you may be able to cancel parts of services or additional services after the end of these periods. This is called “degrading”.

If you pay for our services, the following applies: We may change our services at any time if this does not make the services worse for you. If the changes make the services much worse for you, you can terminate the contract.
If you do not pay for our services, the following applies: We may change, improve or discontinue our services in any case. You are not entitled to a replacement.

4. What happens if you don't like the offer?

If you do not agree with the offer, you do not place an order. CFS will then not work for you.

 

Please note: The offer sometimes contains ideas and suggestions for your project. These ideas and suggestions belong to CFS. If you do not place an order, you may not use the ideas and suggestions from the offer.

5. When do you have to pay?

CFS will send you an invoice at the time specified in the contract. You agree that CFS will send you the invoice by email. The invoice will state when you have to pay: before you receive the service, after you have received the service, monthly or annually. If you have already paid, for example with an online payment on the website, this will be stated on the invoice. Then you don’t have to pay again.
You pay the price agreed in the contract. You also pay the VAT that is stated on the invoice.

 

However, CFS can also request partial payments. In this case, you will have to pay part of it earlier.

 

Until you pay the invoice, the delivered goods belong to CFS. If you do not pay on time, CFS is entitled to statutory default interest. This means that you will have to pay more to CFS because you pay late.
CFS will also send you reminders. If you do not pay after 2 reminders, CFS will stop working for you or block your access.

 

Even if you are not satisfied with the work, you must pay the entire invoice. If you are not satisfied, the regulations under point 11 apply.

6. How can you use the capito webshop?

You can find some capito products in the webshop. Products is a broad term. This also includes services such as online courses. Special conditions may apply. You can find more information under point 15.

The capito products in the webshop are made by different companies. All these companies belong to the capito network and offer capito products. If you buy directly from these companies and therefore only conclude the contract with these companies, this is clearly stated in the webshop. CFS is not liable for the selection and performance of these companies.
The webshop is only available in German. The e-learning platform is also available in English.

You can buy capito products directly in the webshop. To do this, fill in the information fields on the website and follow the instructions.
You can view and correct your order in the shopping cart. You submit your binding order by clicking on the “Order for a fee” button. You will then receive an automatic e-mail confirming that CFS has technically received your order. These terms and conditions are also attached to the e-mail as a PDF file. But the contract is only valid when CFS confirms or fulfills it.

The products will be sent to you by post or e-mail. If it is necessary and has no major disadvantages for you, we can also send the products in several partial deliveries. You will receive an invoice together with the products. As soon as you have paid the invoice, the products are yours.

CFS delivers within 0 to 10 working days after you have ordered in the webshop. Or we can agree on a different delivery time with you. We deliver to the delivery address or email address you have provided.

If one of our partners does not honor the contract with us and does not deliver to us, we will not be able to deliver to you. We will inform you immediately that we cannot deliver the ordered product.

***
Cancellation policy:
Your special rights as a consumer in online contracts:
Consumers are natural persons. They are not legal entities, e.g. not an association. Consumers buy from us privately or conclude a transaction with us privately. Private means: not for their commercial or self-employed work, this means not for their profession.

The law defines which people are consumers. In Germany in the German Civil Code under section 13 and in Austria in the Consumer Protection Act. You can find a definition of a consumer on this website: https://www.help.gv.at/Portal.Node/hlpd/public/content/99/Seite.991472.html.

Consumers have a right of withdrawal for online purchases. This is stated in the “Fern- und Auswärtsgeschäfte-Gesetz” (“Long distance and Off-Premises Sales Act”). We inform you about this right of withdrawal here, as required by law. We provide a withdrawal form below. You can use this withdrawal form, but you do not have to.

Consumers enter into a contract when they buy something in a webshop. You have the right to withdraw from this contract, if you want to cancel the purchase. You have 14 days to do so. The time counts from the day the consumer receives the product. Or another person designated by the consumer. Consumers do not have to give a reason for the withdrawal.

If you cancel your order, we will have to refund your money. This means:
We will pay you back the money for the products and the delivery. We will pay you back the money for a normal delivery, even if you have chosen a faster and more expensive delivery.
We will refund the money within 14 days. The time counts from the day we receive your withdrawal. We can also only refund the money once we have received the products back from you.
We always pay you back in the same way as you paid us.
The refund is free of charge.

You must send or return the products to us immediately. You have 14 days to do this. You must send the products by the 14th day at the latest.

The products must not be broken or damaged. Only then will we refund the full price. If the products are damaged, we will only refund part of the price. How much we refund depends on how badly the product is damaged.
You may unpack the products and check whether they are in order. This does not count as damage.

The right of withdrawal does not apply in the following cases:

  1. For products that are made especially for you. This means: If it is not a standard product, but a custom-made product.
  2. For digital products on a “physical data carrier”. This could be a CD-ROM or a USB stick, for example. The right of withdrawal does not apply here if you have opened the original packaging.
  3. For digital products for downloading or online use with a web browser, if you start downloading before the end of the withdrawal period. The withdrawal period is 14 days.

Digital products can be, for example:

  1. Software programs
  2. Music and video downloads
  3. apps
  4. Online games
  5. e-books
  6. access to databases

Special rules apply to these digital products. The rules can be found in the Distance and Off-Premises Transactions Act under Section 18, Paragraph 1, Clause 11.

  1. We inform you that these special rules apply in the capito webshop, for capito e-learning courses, for capito.ai and for the capito app
  2. We have informed you that your right of withdrawal does not apply if you download or use the online product right away. It only applies if you wait 14 days.
  3. We will inform you about these special rules here. We will send you these terms and conditions as a link when you buy a digital capito product for download. When you download the capito app, you will also see the terms and conditions.

Check the box to agree to these specific rules.

This was the withdrawal policy.

***
Here is the withdrawal form. You can use it if you want to cancel your purchase, but you don’t have to.

Address:

CFS GmbH

Heinrichstrasse 145

8010 Graz

office@capito.eu

I hereby cancel the purchase of this product or these products:

………………………………………………….

………………………………………………….

(Enter the product or products here)

I have ordered the product or products on this day:

……………………………………………….

I received the product or products on this day:

……………………………………………..

(Here you enter the day, month and year on which you ordered and received the product or products).

My name: ……………………………………………….

My address: ……………………………………………………………………………………

………………………………………………………………………………………………………..

My signature: ……………………………………….

(If you write the withdrawal declaration on paper, you sign here. If you send the withdrawal declaration by email, you do not have to sign).

Date: ……………………………………………………

***

7. How can you use capito.ai?

In order to use capito.ai, you need

  • a device that can use a browser. For example, a tablet or a computer.
  • a browser, for example Google Chrome, Mozilla Firefox or Microsoft Edge.
  • For the Microsoft Word add-in, you need a Microsoft Word license and installation.
  • an internet connection.

You can reach capito.ai at digital.capito.eu. The use of our development and test environments is not permitted. This means that all Internet addresses that do not have this name may not be used.

You can use part of capito.ai free of charge. In this case, you cannot make any claims if something does not work. We are only liable for personal injury or if we are legally obliged to do so.

If you pay for capito.ai, you will receive the service that we agree on when you place your order. In this case, the liability provisions apply, which you can read under points 10, 11 and 12.

If you are a consumer and buy capito.ai online, the order and withdrawal rules in section 6 apply. You can use capito.ai immediately. To do this, you must agree that you will not get any money back if you use your right of withdrawal. This is stated in point 6 of these terms and conditions.

You can buy capito.ai in 2 ways:

  1. You can take out a monthly or annual subscription. With a subscription, you receive a character credit in each billing period. A billing period is either 1 month or 1 year. Once you have used up your character credit, you can no longer do an analysis or simplification. If you have not used up your character credit in a billing period, it expires. This means that you cannot transfer the character credit from one billing period to the next. There are 3 packages with different amounts of character credit.
  2. You buy a prepaid package. With a prepaid package, you receive character credit. The character credit is valid until it is used up.

One possible service from capito.ai is an API. This is an abbreviation for Application Programming Interface. This means that the core functions of capito.ai can be provided in such a way that they can be integrated into other programs of another company.

Only companies can use this service, not consumers. If you use this service, you guarantee that you are an entrepreneur within the meaning of the law. Therefore, no provisions that only apply to consumers apply to you. Especially the right of withdrawal, which is described under point 6.

The following applies to the API service:

  • You alone are responsible for the following points:
    • that the API is built into your system.
    • that your application is installed, operational and maintained.
  • that all applicable laws, regulations and other requirements are complied with.
  • You must fulfill all technical requirements set out in the service description and documentation. You must ensure that all content is transmitted to the API in a valid data format and encoding.
  • Unless CFS expressly agrees otherwise, the following applies: The users of your application must know that you are using the capito.ai API. This applies to all content that your application processes and that you do not change manually. To show this, you can either use the capito [image] logo or the capito brand name and the capito website address in a clearly visible manner. But you must never directly or indirectly mention that capito is responsible for the content or that you are acting on behalf of capito. CFS can require you to stop using the capito logo and the capito brand name at any time.
  • You use the API for your application. You may be distributing your application on a platform from another provider. For example in an app store. In this case, you are solely responsible for ensuring that you comply with all requirements and terms of use of this platform. You indemnify and hold CFS harmless, which means that you assume full liability for any damage. Regardless of who is at fault for the damage.
  • You may have to give other companies the access data so that they can use the API as stated in the contract. You must then ensure that no one misuses the access data and that only authorized persons receive the access data. Nobody is allowed to save the access data in plain text in configuration files. No one may transmit the access data via unprotected public network connections. You alone are responsible for this.
  • You are obliged to comply with all security precautions and restrictions of the API. There are mechanisms in the API that protect the API and verify the identity of users. You may not change, remove, disable, deactivate or circumvent these mechanisms in any other way. You may only use the API methods for the intended, specified purposes.
    CFS might provide a new version of the API. You must incorporate the new version into your application. You must do this within a reasonable period of time. How long the period is depends on various things: how much you need to change, how long such developments usually take, what legitimate interests you have. For example, how much staff and time you have. CFS takes all of this into account.

The following applies to capito.ai services in general: CFS has the capito criteria and a lot of experience with easy-to-read translations and target group-oriented language. The analyses, processing and suggestions for improvement in capito.ai are based on this. But capito.ai can also make mistakes, for example:

  • In simplifications or simplification suggestions, the content, sentence structure or word meanings are not correct.
  • Words should be marked according to the capito criteria, but they are not marked.
  • Words are okay according to the capito criteria, but they are marked.

CFS makes every effort to correct errors and improve the system.

As an additional function, you can book easy-to-read translators from the capito partner network to correct your text. The terms of service and payment that you agree upon when ordering apply. You cannot choose which capito partners correct your text.

If the agreement with capito.ai is terminated, you will still have access for 14 days. You can then save your data that is in the capito online program for text analysis.

Price adjustments for subscriptions:

  1. Price adjustments: We reserve the right to make future price adjustments for subscription services. These price adjustments may be based on various factors including, but not limited to, increased costs of operation, inflation, changes in market conditions and other relevant economic conditions.
  2. Notice of price adjustments: In the event of a proposed price adjustment, we will take reasonable steps to notify you of the proposed changes in a timely manner. The announcement will usually be made by email or other appropriate communication channels provided by you during the subscription process.
  3. Consent and termination options: If you continue to use the subscription service after you received the notice means that you agree to the proposed price adjustments. If you do not agree to the changes, you have the right to cancel your subscription within 30 days after you received the notice, without any additional fees or obligations.
  4. Exceptions: In some cases, existing subscribers may be exempt from price adjustments. This may apply, for example, to subscribers who have already signed long-term contracts or who receive certain special conditions or discounts. Such exceptions will be clearly stated in the announcement of price adjustments.

We want to make price adjustments fair and transparent. We understand that price increases are an important decision for subscribers and will ensure that you have all the relevant information to make an informed decision.

8. What about the capito quality seals?

Accessible capito products can be labeled with a capito quality seal. For this, the capito quality standard must be followed. The capito quality standard is explained in detail on the capito website.


If your finished product meets the capito quality standard, you get a certificate from CFS or a certified capito partner. The certificate states which quality seal you can use for the product. The certificate also states which product it is valid for.
You may only use the capito quality seal if you have a valid certificate for it. If you use a capito quality seal without a valid certificate, CFS will do something about it.

9. What guarantees are there for capito quality seals?

For all capito products with a quality seal CFS guarantees:

  • The product complies with the capito quality standard for accessible information.
  • Or the product complies with the criteria catalog from the “Ready for Accessibility” analysis database.
  • The product has been checked for comprehensibility by test persons from the target group.
  • Or the product has been checked for accessibility by trained specialists using the “Ready for Accessibility” analysis database.
  • Or the product complies with international standards for accessible digital solutions.

10. What guarantess do not exist?

CFS does not check whether the content of the texts you provide for translation is correct. This means: CFS does not guarantee that the translated information is correct. CFS also gives no guarantee that the content, sentence structure and word meanings in the simplification suggestions and texts from capito.ai are correct. CFS is not responsible that the texts can be used as they are intended to be used. The client remains responsible for this.

CFS cannot guarantee that the clients will reach more people through the services.

CFS also does not guarantee that all buildings and facilities inspected are always accessible. This is the responsibility of the client.

When CFS advises someone or carries out an analysis, this always relates to the current situation. CFS does not issue formal expert’s reports and is not responsible if something is changed afterwards.

CFS works very carefully. Information in capito products might still contain errors. CFS is not responsible for ensuring that the information is correct. Information sheets and other products are by no means complete specialist information. They are indications of which measures can be good for accessibility in which situations.

In the case of online services, CFS cannot guarantee that all systems are always accessible. CFS works carefully. If CFS systems still fail, cannot be used or have an error, we are not responsible. This is also stated under point 12. If CFS has to switch off its systems, for example for maintenance, CFS will inform you in good time

11. What can you do if you are not satisfied?

If you are not happy with the product or service, please write a letter or an e-mail to CFS. Explain what is not working or what you are not happy with. You have a maximum of 4 weeks to do this so that CFS can help quickly. CFS will then get back to you immediately. You discuss what CFS can improve. CFS can make two improvements. If you are still not satisfied after the first improvement attempt or the capito product is still not working, you can contact us again. CFS will improve your product a second time.

 

If you are a consumer, you also have a warranty right. This is stated in Section 922 of the German Civil Code and the following sections. This means that CFS must deliver what you have paid for.

 

CFS might be working with another company to provide the service. CFS might have a claim that this company is liable and provides a warranty. In this case, CFS will transfer the claim to you. This means that you mainly hold the other company responsible if you are not satisfied..

 

If you are an entrepreneur, there is no warranty.

If you are still dissatisfied, you can contact an arbitration board or a court. You can find more information under point 16.

12. What happens in the event of damage?

CFS is not to blame for every damage. CFS is only at fault for damage

 

  • if CFS caused the damage intentionally or did not put any effort in the work.
  • if a person has been harmed.
  • if a law states that CFS is liable.


Then CFS must also pay for the damage. However, CFS does not have to pay more money than you would have had to pay for the job. Even if CFS has made a big mistake.

 

CFS is not liable,

  • if you use the products or services for a different purpose.
  • if you use the products or services in a different way than you agreed on with CFS or than is reasonable.
  • If the offer processes data, texts or information, you must back up the data yourself. CFS is not responsible if data is lost.

 

Only you are responsible for your access data to the CFS services. If someone misuses your access data and causes damage as a result, only you are responsible. You must inform CFS immediately if you think that someone could misuse your access data. You must not do anything that puts CFS or CFS systems at risk. For example, use harmful computer programs.

 

You agree with CFS how many users may use your CFS service. If more users use it, you have to pay more. Regardless of whether this is your fault or not.

If you are an entrepreneur and are entitled to compensation, the following applies: as soon as it is known that there is damage and who caused the damage, you have 6 months. Within these 6 months, you can file a claim with a court. This may be a maximum of 3 years after the damage occurred. After that, you will lose your claim.

13. What about data protection?

CFS complies with the legal regulations for data protection. CFS only processes your data if you agree to this. This means that you have given your consent, for example if you have submitted a declaration of consent. Or if you have concluded a contractual agreement with CFS and CFS needs your data so that CFS can fulfill its obligations. You can read exactly how CFS uses your data in the CFS privacy policy. It also tells you all about your rights. You can find the CFS Privacy Statement here.

14. What about copyrights and lawful use?

When a person does something new or comes up with something new, this person is the creator. These new things can be, for example

  • Photos, graphics and images
  • Articles, presentations, texts and layouts
  • Concepts, checklists, methods, ideas and inventions
  • Ideas on how to build an app and what it can offer
  • Software and online databases, such as capito.ai

If CFS makes such a new thing for you or offers it to you, then CFS is the author. You may use the product and use it in the way you have agreed with CFS. This means in principle, unless CFS expressly agrees otherwise with you: You have the right of use, but only for yourself. You cannot pass on the right of use to others. And you may not use parts of the product or the entire product for other purposes. For example, you may not do the following:

  • Copy graphics from the product and insert them into another product.
  • Resell texts from capito to others if you do not have a franchise agreement with us.
  • Pass on online access to others.
  • Use CFS products or services for a different purpose than you have agreed with CFS. For example, for
    • Reverse engineering, where the product is analyzed and disassembled and individual elements of it are used for your own purposes. This is expressly prohibited!
    • Crawling tools and web scraping, search, find and save CFS content automatically.metasearch engines that forward search queries to multiple search engines.
    • unauthorized combinations with other technologies.
    • building a similar service with capito.ai that is a competitor to capito.ai. Unless you have a contract that allows you to use the CFS API for capito.ai.

In any case, you may produce simplified texts with capito.ai. But you may not call these texts capito texts if you do not have a franchise agreement with CFS or a quality partner agreement with a franchise partner of CFS.

If you provide CFS with information, texts or other material, you guarantee that you have all the necessary rights to do so. You also guarantee that CFS does not infringe the rights of others when CFS uses your material. If a right has been infringed and someone makes a claim against CFS, you will indemnify CFS. This means that you assume full liability for any damage. Regardless of whether you are at fault or not.

The following applies to capito.ai in particular: In the case of translations, you grant CFS the right to use the data so that CFS can provide its services: the content that you send to CFS, the processed content and the training data. This is a non-exclusive right. This means that not only CFS has this right.

You also give CFS the right to process the content and data so that CFS can further develop its services. This must be an unlimited and transferable right. This means that CFS can pass the right on to others.

CFS gives you a non-exclusive, unlimited and transferable right to the translations. This means that you can pass the right on to others and use the translations without restrictions. You may also edit the translations and mark them as you wish. This also applies to rights of use in the future.

You guarantee that you will only use the CFS services in a way that is permitted by your rights and is considered right by society. You do not look for a way to pay less than you actually have to pay. You hold CFS harmless. This means: You assume full liability for any damage. Regardless of whether you are at fault or not. CFS may check whether you comply with this. This is called comprehensive audit rights.

15. What special provisions apply to events and courses?

Registration and confirmation

You can register for our events online on our websites. The rules under point 6 also apply. CFS processes your registrations in the order they are submitted online. CFS will then send you a registration confirmation.

The registration is valid for the registered person and is non-transferable. If you wish to transfer the registration to another person, CFS can allow this. However, CFS does not have to allow this.

 

Cancellation rules

As a consumer, you have the right of withdrawal. You can read about this under point 6.

If you want to cancel your registration for a course or event, you must send a written declaration of cancellation. Send the cancellation declaration to this email address: office@capito.ai.

Or to this address:
CFS GmbH
Heinrichstrasse 145
8010 Graz

If you cancel, you will have to pay a cancellation fee. To calculate the cancellation fee, it is important when CFS receives the cancellation notice:

  • The cancellation notice arrives more than 21 days before the start of the course or event: CFS will charge a 50 euro cancellation fee.
  • Cancellation notice arrives between 15 and 20 days before the start of the course or event: CFS will charge half of the course or event costs.
  • Cancellation notice arrives between 4 and 14 days before the start of the course or event: CFS will charge three quarters of the course costs or event costs.
  • If the cancellation notice arrives less than 4 days before the start of the course or event or if you do not send a cancellation notice at all: CFS will charge the full course or event costs.

It does not matter why you send a cancellation notice or why you do not come to the event or course.

 

Program change or cancellation of an event or course

CFS plans courses and events for a certain number of participants. There is a lower limit. If there are not enough participants that register, CFS can cancel the course or event at short notice.
If CFS cancels a course or event, you will be refunded the participation fee. This also applies in the event of force majeure. Force majeure means that CFS is not to blame if a course or event cannot take place.

If speakers are unable to attend, CFS can change the program. CFS can also look for replacement speakers.

 

Documents for events and courses

Documents relating to events and courses are protected by copyright. This means that participants are allowed to use them, but may not copy or reproduce them.
If you want to publicly distribute or edit documents relating to events and courses, you must ask CFS. This applies to the complete documents and also to parts of them.

16. Which law and which court apply?

If there is a dispute, you can contact an arbitration board. The arbitration board tries to resolve the dispute without the help of a court. There is, for example, the Austrian Conciliation Board for Consumer Transactions and the Internet Ombudsman’s Office.

 

You can also obtain information from the Information Office of the European Union.

 

Consumers and CFS can use this option. However, CFS is not obliged to do so. This option therefore only applies if you and CFS agree in a specific dispute that you and CFS will jointly use the dispute resolution service.

 

If you and CFS cannot reach an agreement, you or CFS can go to court. The court will then decide who is right.

 

If you are an entrepreneur: The court for working with CFS is in Graz. Austrian laws apply, but not the UN Convention on Contracts for the International Sale of Goods or the rules of private international law.

17. Since when are these terms and conditions valid?

These terms and conditions have been valid since July 20, 2021.

 

The terms and conditions are subject to change. Your contract is always subject to the terms and conditions that were valid when you concluded the contract with CFS.
Keep checking the terms and conditions. This way you will know if there are any changes if you conclude new contracts.

 

It can happen that CFS changes the terms and conditions for current contracts. CFS will then inform you in good time. If you are paying for your contract and the changes are bad for you, you can cancel the contract. You will receive more detailed information about this when CFS makes changes.

Terms and Conditions for the capito services of Capito, Inc. (USA)

The following terms and conditions are applicable to all sales of products and services made by Capito, Inc., a Delaware corporation with registered office located at 251 Little Falls Drive, Wilmington, DE 19808 (“Capito”).

1. What are Capito offers?

With Capito offers you get, for example:

  • Information that is easy to read and understand.
  • Digital solutions that promote accessibility.
  • Information on how to make services, homes and facilities accessible.

The services offered by Capito include, for example:

  • Translations of difficult texts into easy-to-understand language.
  • Checking whether services, homes, facilities and websites are accessible.
  • Advice and training, including online courses and e-learning courses.
  • The Capito App.
  • The Capito webshop. You can find more information under section 6.
  • Accessible videos.
  • Checks that websites are accessible and meet the guidelines for accessible web content (Web Content Accessibility Guidelines)
  • Accessible PDF files.
  • Capito.ai. You can find more information under section 7.

Capito can also work with other providers for the services, for example, with payment providers or franchise partners, and translation partners. The Capito offer will then state that a direct contract is concluded between you and these providers.

 

Capito is not liable for the selection and services of the other providers. In such a case, the additional contractual conditions of these providers also apply. Capito may always carry out Capito offers with the help of other providers.

2. What do these terms and conditions say?

These terms and conditions contain all the rules for purchasing or ordering Capito offers from Capito. Other rules only apply if they are written down. If you write your own terms and conditions, they do not apply unless Capito has agreed otherwise with you separately and in writing.

 

You must read these terms and conditions before you purchase a product from Capito or place an order for a service from Capito. When you purchase or order something, you confirm that you have read and understood these terms and conditions.

3. How do you buy or order a service?

You ask Capito for a written contract offer. Capito reserves the right to reject any order for any reason, or no reason at all, in its sole discretion.

 

You can also view the services on the Capito website.

 

The contract offer contains the following information:

  • What services does Capito offer exactly?
  • How much do these services cost you? The prices are stated without sales tax.
  • If it is a fixed-term subscription contract, the total costs are shown.
  • If it is an open-ended subscription contract, you will find the monthly or annual costs.
  • What sales tax do you have to pay? The payment page shows the percentage of sales tax you have to pay. This varies from state to state.
  • How can you pay for the Capito offers?

 

There are several options. For online offers, you can usually pay by credit card, direct debit, instant bank transfer, PayPal or invoice. Sometimes it is possible to pay for the Capito offer in full or in part with vouchers. These can also be vouchers from Capito‘s sales partners.

  • If it is a subscription contract: how can you terminate the contract?

 

If you pay each month in advance and then terminate, your contract ends on the last day of the month for which you have already paid.

 

If you pay in advance every year and then terminate, your contract ends on the last day of the year for which you have already paid.

  • You can terminate the contract at any time for particularly important reasons.
  • Sometimes the contract offer also states how long it is valid for.

 

If you agree with the contract offer, you place an order with Capito. You must place the order in English. You have the following options:

  • Order by letter or e-mail:
    To do this, you send a letter or e-mail to Capito. You can also simply sign the offer and send it back.
  • Order on a Capito website:
    To do this, you fill in the fields on the website and follow the instructions.
    You can view and correct your order again in the shopping cart. You submit your binding order by clicking on the “Order now” button. You will then receive an automatic e-mail confirming that Capito has technically received your order. These terms and conditions are also attached to the e-mail as a PDF file. However, the contract is only valid when Capito confirms or fulfills it.

 

If the contract offer contains several proposals, you must clearly indicate which proposal you are placing the order for. Capito will send you a confirmation and work out a schedule for your order with you.

 

You can also order other services during the collaboration, this is called “upgrading” or “upselling”. If these are additional services, the basic service remains the same as agreed. This means that you cannot delete or change anything in the agreed service. However, the new order will be added to the order and the price recalculated.

 

If Capito has agreed on time periods, you may be able to terminate parts of services or additional services after the end of these periods. This is called “degrading”.

 

If you pay for the services, the following applies: Capito may change its services at any time if this does not make the services worse for you. If the changes make the services much worse for you, you can terminate the contract.

 

If you do not pay for the services, the following applies: Capito may change, improve or discontinue its services in any case. You are not entitled to a replacement.

4. What happens if you don't like the offer?

If you do not agree with the offer, you do not place an order. There will then be no contract between you and Capito.

 

Please note: The offer sometimes contains ideas and suggestions for your project. These ideas and suggestions belong to Capito. If you do not place an order, you may not use the ideas and suggestions from the offer issued by Capito.

5. When do you have to pay?

Capito will send you an invoice at the time specified in the contract. You hereby agree that Capito will send you the invoice by e-mail. The invoice will state when you have to pay: before you receive the product or service, after you have received the product or service, monthly or annually.

If you have already paid, for example with an online payment on the website, this will be stated on the invoice. Then you don’t have to pay again.

 

You pay the price agreed in the contract. You also pay the sales tax that is stated on the invoice.

 

However, Capito can also request partial payments. In this case, you will have to pay part of it earlier.

 

If you do not pay on time, interest will be due at the rate of eight percent (8%), or the maximum permitted by law, on the unpaid portion of the invoice sum for each period of thirty (30) calendar days or part thereof from the due date. Capito will have the right to refuse to deliver the product or services if you are past due on any of your debts to Capito.

 

Capito will also send you reminders. If you do not pay after two (2) reminders, Capito will stop working for you or block your access.

 

You will pay all of Capito’s costs of collection of any amounts past due, including, but not limited to, attorneys’ fees, court costs, witness fees, travel and lodging.

 

Even if you are not satisfied with the work, you must pay the entire invoice. If you are not satisfied, the regulations under section 11 apply.

6. How can you use the capito webshop?

You can find some products and services (also including online courses) in the webshop. Special conditions may apply for online courses: you can find more information under section 15.

 

The products and services in the webshop are made by various companies. All these companies are part of the Capito network and offer Capito products and services. It is clearly stated in the webshop that if you buy directly from these companies, you therefore only conclude the contract with these companies. Capito is not liable for the selection and performance of these companies.

 

The webshop is only available in German (English to come soon). The e-learning platform is also available in English.

 

You can buy products and services directly in the webshop. To do this, fill in the fields on the website and follow the instructions.

 

You can view and correct your order again in the shopping cart. You submit your binding order by clicking on the “Order now” button. You will then receive an automatic e-mail confirming that Capito has technically received your order. These terms and conditions are also attached to the e-mail as a PDF file. However, the contract is only valid when Capito confirms or fulfills it.

 

The products will be sent to you by post or e-mail. If it is necessary and has no major disadvantages for you, Capito can also send the products in several partial deliveries. You will receive an invoice together with the products.

 

Capito delivers within zero (0) to ten (10) working days after you have ordered in the webshop. Capito can agree on a different delivery time with you. Capito delivers to the delivery address or email address you have provided.

 

If one of Capito’s partners does not honor the contract with Capito and does not deliver, Capito will not be able to deliver to you. Capito will inform you immediately that it cannot deliver the ordered product.

 

In any event, any specific delivery date designated in writing will be interpreted as estimated and in no event will dates be construed as falling within the meaning of “time is of the essence”. Capito will not be responsible for any delays in filling orders, nor will it be liable for any loss or damages resulting from such delays regardless of whether such delays are due to force majeure or otherwise.

7. How can you use capito.ai?

To use capito.ai, you need:

  • a device with which you can use a browser. For example, a tablet or a computer.
  • a browser, for example, Google Chrome, Mozilla Firefox or Microsoft Edge.
  • for the Microsoft Word add-in, you need a Microsoft Word license and installation.
  • an internet connection.

You can reach capito.ai at https://digital.capito.ai. The use of our development and test environments is not permitted. This means that all internet addresses that do not have this name may not be used.

You can use part of capito.ai free of charge. In this case, you cannot make any claims if something does not work. Capito is only liable for personal injury or if Capito is legally obliged to do so.

If you pay for capito.ai, you will receive the service that Capito agrees on when you place your order. In this case, the liability provisions apply, which you can read under sections 10, 11 and 12.

You can buy capito.ai in two (2) ways:

  1. You can take out a monthly or annual subscription. With a subscription, you receive a character credit for each billing period. A billing period is either one (1) month or one (1) year. Once you have used up your character credit, you can no longer perform an analysis or simplification. If you have not used up your character credit in a billing period, it expires. This means that you cannot transfer the character credit from one billing period to the next. There are three (3) packages with different amounts of character credit.
  2. You buy a prepaid package. With a prepaid package, you receive character credit. The character credit is valid until it is used up.

One possible service from capito.ai is an API (Application Programming Interface). This means that the core functions of capito.ai can be integrated into the programs of another company.

Only companies can use this service, not consumers. If you use this service, you guarantee that you are using it as a professional.

The following applies to the API service:

  • You alone are responsible for the following:
  • the API is built into your system.
  • your application is installed, operational and maintained.
  • all applicable laws, regulations and other requirements are complied with.
  • You must fulfill all technical requirements set out in the service description and documentation. You must ensure that all content is transmitted to the API in a valid data format and encoding.
  • Unless Capito expressly agrees otherwise, the following applies: the users of your application must know that you are using the capito.ai API. This applies to all content that your application processes and that you do not change manually. To show this, you can either use the Capito logo or the Capito brand name and the Capito website address in a clearly visible manner. But you must never directly or indirectly mention that Capito is responsible for the content or that you are acting on behalf of Capito. Capito may require you to stop using the Capito logo and the Capito brand name at any time. In any event, all intellectual property rights to, ownership of, and interest in all products, goods, trademarks, trade names, logos, distinctive marks, designs, and other materials created and/or made available by Capito hereunder or within the framework of the relationship between you and Capito are vested exclusively in Capito. You will not reproduce, modify, transfer, grant, assign, license or use the Capito intellectual property, except in accordance with these terms and conditions.
  • You use the API for your application. You may be distributing your application on a platform from another provider. For example, in an app store. In this case, you are solely responsible for ensuring that you comply with all requirements and terms of use of this platform. You indemnify and hold Capito harmless, which means that you assume full liability for any damage, regardless of who is at fault for the damage.
  • You may have to give other companies access to data so that they can use the API as stated in the contract. You must then ensure that no one misuses the access and that only authorized persons receive access. Nobody is allowed to save the access data in plain text in configuration files. No one may transmit the access data via unprotected public network connections. You alone are responsible for this.
  • You are obliged to comply with all security precautions and restrictions of the API. There are mechanisms in the API that protect the API and verify the identity of users. You may not change, remove, disable, deactivate or circumvent these mechanisms in any other way. You may only use the API methods for the intended, specified purposes.
  • Capito may provide a new version of the API. You must incorporate the new version into your application. You must do this within a reasonable period of time. The duration will depend on various things: how much you need to change, how long such developments usually take, and what legitimate interests you have. For example, how much staff and time you have. Capito takes all of this into account.

The following applies to capito.ai services in general: Capito has the Capito criteria and a lot of experience with easy-to-read translations and target group-oriented language. The analyses, processing and suggestions for improvement in capito.ai are based on this.

capito.ai can also make mistakes, for example:

  • In simplifications or simplification suggestions, the content, sentence structure or word meanings are not correct.
  • Words should be marked according to the Capito criteria, but they are not marked.
  • Words are okay according to the Capito criteria, but they are marked.

Capito makes every effort to correct errors and improve the system.

As an additional function, you can book easy-to-read translators from the Capito partner network to correct your text. The terms of service and payment that you agree upon when ordering apply. You cannot choose which Capito partners correct your text.

If the agreement with capito.ai is terminated, you will still have access for fourteen (14) calendar days. You can then save your data that is in the Capito online program for text analysis.

Price adjustments for subscriptions:

  1. Price adjustments: Capito reserves the right to make future price adjustments for subscription services. These price adjustments may be based on various factors including, but not limited to, increased costs of operation, inflation, changes in market conditions and other relevant economic conditions.
  2. Announcement of price adjustments: in the event of a proposed price adjustment, Capito will take reasonable steps to notify you of the proposed changes in a timely manner. The announcement will usually be made by email or other appropriate communication channels provided by you during the subscription process.
  3. Consent and termination options: your continued use of the subscription service following receipt of the notice constitutes your agreement to the proposed price adjustments. If you do not agree to the changes, you have the right to terminate your subscription within thirty (30) calendar days of receipt of the notice, without any additional fees or obligations.
  4. Exceptions: in some cases, existing subscribers may be exempt from price adjustments. This may apply, for example, to subscribers who have already signed long-term contracts or who receive certain special conditions or discounts. Such exceptions will be clearly stated in the announcement of price adjustments.

Capito wants to make price adjustments fair and transparent. Capito understands that price increases are an important decision for subscribers and will ensure that you have all the relevant information to make an informed decision.

8. What about the capito quality seals?

Accessible products can be labeled with a Capito quality seal. For this, the Capito quality standard must be adhered to. The Capito quality standard is explained in detail on the Capito website.

 

If your finished product meets the Capito quality standard, you will receive a certificate from Capito or a certified Capito partner. The certificate states which quality seal you may use for the product. The certificate also states which product it is valid for.

 

You may only use the Capito quality seal if you have a valid certificate for it. If you use a Capito quality seal without a valid certificate, Capito will do something about it.

9. What guarantees are there for capito quality seals?

For all products with a quality seal Capito guarantees:

  • The product complies with the Capito quality standard for accessible information.
  • Or the product complies with the criteria catalog from the “Ready for Accessibility” accessibility analysis database.
  • The product has been checked for comprehensibility by test persons from the target group.
  • Or the product has been checked for accessibility by trained specialists using the “Ready for Accessibility” accessibility analysis database.
  • Or the product complies with international standards for accessible digital solutions.

10. What guarantees do not exist?

Capito does not check whether there is anything incorrect in the texts you provide for translation. This means: Capito does not guarantee that the translated information is correct. Capito also gives no guarantee that the content, sentence structure and word meanings in the simplification suggestions and texts from capito.ai are correct. Capito is not responsible for whether the texts can be used as they are intended to be used. You remain responsible for this.

Capito cannot guarantee that you will reach more people through the services.

Capito also does not guarantee that all buildings and facilities inspected are always accessible. This is your responsibility.

When Capito advises you or carries out an analysis, this always relates to the current situation. Capito does not issue formal expert reports and is not responsible if something is changed afterwards.

Capito works very carefully. Nevertheless, all information in the products may contain errors. Capito is not responsible for ensuring that the information is correct. Information sheets and other products are by no means complete specialist information. They are indications of which measures can be good for accessibility in which situations.

In the case of online services, Capito cannot guarantee that all systems are always accessible. Capito works carefully and diligently. If Capito systems nevertheless fail, cannot be used or have an error, Capito is not responsible. This is also stated under section 12. If Capito has to switch off its systems, for example for maintenance, Capito will inform you in good time and will never be held liable for any damages.

11. What can you do if you are not satisfied?

You write Capito a letter or an e-mail. In it, you explain what is not working or what you are not satisfied with. You have a maximum of four (4) weeks from the purchase of the products or services to do this so that Capito can help quickly. Capito will then get back to you immediately. You discuss with Capito what Capito can do better. Capito may make two (2) improvements. If you are still not satisfied after the first (1st) improvement attempt or the product or service is still not working, you can contact Capito again. Capito will improve your product or service a second time.

 

Capito may be working with another company to provide the service. Capito may have a claim that this company is liable and provides a warranty. In this case, Capito will transfer the claim to you. This means that you are primarily responsible for the other company if you are not satisfied.

 

Capito provides no warranty.

 

If you are still dissatisfied, you can contact an arbitration board or a court. You can find more information under section 16.

12. What if there is damage?

Capito is not to blame for every damage. Capito is only at fault for damage:

  • if Capito caused the damage intentionally or did not make any effort at all during the work.
  • if a person has been harmed.
  • if the law states that Capito is liable.

 

Then Capito must also pay for the damage. However, Capito does not have to pay more money than you would have had to pay for the purchased product or service. Even if Capito has made a big mistake.

 

Capito is not liable:

  • if you use the Capito offer for a different purpose.
  • if you use the Capito offer in a different way than you agreed with Capito or than is reasonable.

 

If the Capito offer processes data, texts or information, you must back up the data yourself. Capito is not responsible if data is lost.

 

Only you are responsible for your access data to the Capito offers. If someone misuses your access data and causes damage as a result, only you are responsible. You must inform Capito immediately if you think that someone could misuse your access data. You must not do anything that puts Capito or Capito systems at risk, for example: use harmful computer programs.

 

You agree with Capito how many users use your Capito service. If more users use it, you have to pay more. Regardless of whether this is your fault or not.

 

As soon as it is known that the damage exists and who caused the damage, you have six (6) months to seek for compensation. Within these six (6) months, you can file a claim with a court. This may be a maximum of three (3) years after the damage occurred. After that, you will lose your claim.

13. What about copyrights and lawful use?

When a person does something new or comes up with something new, this person is the creator. These new things can be, for example:

  • Photos, graphics and images
  • Articles, presentations, texts and layouts
  • Concepts, checklists, methods, ideas and inventions
  • Ideas on how to build an app and what it can offer
  • Software and online databases, such as capito.ai

If Capito makes such a new thing for you or offers it to you, then Capito is the author. You may use the product and use it in the way you have agreed with Capito. This means in principle, unless Capito expressly agrees otherwise with you: you have the right of use, but only for yourself. You cannot pass on the right of use to others. And you may not use parts of the product or the entire product for other purposes. For example, you may not do the following:

  • Copy graphics from the product and insert them into another product.
  • Resell texts from Capito to others if you do not have a franchise agreement with us.
  • Pass on online access to others.
  • Use the Capito offers for a different purpose than you have agreed with Capito. For example, for
  • reverse engineering, where the product is analyzed and disassembled and individual elements of it are used for your own purposes. This is expressly prohibited!
  • Crawling tools and web scraping, search, find and save content by Capito automatically.
  • metasearch engines that forward search queries to multiple search engines.
  • unauthorized combinations with other technologies.
  • building a similar service with capito.ai that is a competitor to capito.ai. Unless you have a contract that allows you to use the Capito API for capito.ai.

In any case, you may produce simplified texts with capito.ai. But you may not call these texts Capito texts if you do not have a franchise agreement with Capito or a quality partner agreement with a franchise partner of Capito.

If you provide Capito with information, texts or other material, you guarantee that you have all the necessary rights to do so. You also guarantee that Capito does not infringe the rights of others when Capito uses your material. If a right has been infringed and someone makes a claim against Capito, you will indemnify Capito. This means that you assume full liability for any damage, regardless of whether you are at fault or not.

The following applies to capito.ai in particular: In the case of translations, you grant Capito the right to use the following data so that Capito can provide its services: the content that you send to Capito, the processed content and the training data. This is a non-exclusive right. This means that not only Capito has this right.

You also give Capito the right to process the content and data so that Capito can further develop its services. This must be an unlimited and transferable right. This means that Capito can pass the right on to others.

Capito gives you a non-exclusive, unlimited and transferable right to the translations. This means that you can pass the right on to others and use the translations without restrictions. You may also edit the translations and mark them as you wish. This also applies to rights of use in the future.

You guarantee that you will only use the Capito services in a way that is permitted by your rights and is considered right in society. You do not look for a way to pay less than you have to pay. You hold Capito harmless. This means: you assume full liability for any damage, regardless of whether you are at fault or not. Capito may check whether you comply with this. This is called comprehensive audit rights.

14. What special provisions apply to events and courses?

Registration and confirmation of registration

 

You can register for our events online on our websites. The rules under section 6 also apply. Capito processes your registrations in the order in which they are submitted online. Capito will then send you a confirmation of registration.

 

The registration is valid for the registered person and is non-transferable. If you wish to transfer the registration to another person, Capito can allow this. However, Capito does not have to allow this.

 

Termination rules

If you want to terminate your registration for a course or event, you must send a written declaration of termination. Send the termination declaration to this e-mail address:

 

office@capito.ai

Or to this address:

Capito, Inc.

1247 Wisconsin Avenue NW Suite 201

Washington, DC 20007

USA

 

If you terminate a registration, you will have to pay a termination fee. For the calculation of the termination fee, it is important when Capito receives the termination notice:

  • The cancellation notice arrives more than 21 days before the start of the course or event: CFS will charge a 50 Dollar cancellation fee.
  • Cancellation notice arrives between 15 and 20 days before the start of the course or event: CFS will charge half of the course or event costs.
  • Cancellation notice arrives between 4 and 14 days before the start of the course or event: CFS will charge three quarters of the course costs or event costs.
  • If the cancellation notice arrives less than 4 days before the start of the course or event or if you do not send a cancellation notice at all: CFS will charge the full course or event costs.

 

It does not matter why you send a cancellation notice or why you do not come to the event or course.

 

Program change or cancellation of an event or course

Capito plans courses and events for a certain number of participants. There is a lower limit. If too few participants register, Capito can cancel the course or event at short notice.

 

If Capito cancels a course or event, you will be refunded the participation fee. This also applies in the event of force majeure. Force majeure means that Capito is not to blame if a course or event cannot take place.

 

If speakers are unable to attend, Capito can change the program. Capito can also look for replacement speakers.

 

Documents for events and courses

Documents relating to events and courses are protected by copyright. This means that participants may use them, but may not copy or reproduce them.

 

If you wish to publicly distribute or edit documents relating to events and courses, you must ask Capito. This applies to the complete documents and also to parts of them.

15. Which law and which court apply?

The terms and conditions are governed by the laws of the state of Delaware. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

If there is a dispute, you can contact an arbitration board located in Chicago, Illinois. The arbitration board tries to resolve the dispute without the help of a court. There is, for example, the American Arbitration Association.

 

You and Capito can use this option. However, Capito is not obliged to do so. This option therefore only applies if you and Capito agree in a specific dispute that you and Capito will jointly use the arbitration board service.

 

If you and Capito cannot reach an agreement, you or Capito can go to court located in the state of Delaware. The court will then decide who is right.

16. Since when are these terms and conditions valid?

These terms and conditions have been valid since July 20, 2021.

 

The terms and conditions are subject to change. Your contract is always subject to the terms and conditions that were valid when you concluded the contract with Capito.

 

Keep checking the terms and conditions. This way you will know if there are any changes if you conclude new contracts.

 

Capito may change the terms and conditions for current contracts. Capito will then inform you in good time. If you are paying for your contract and the changes are bad for you, you can terminate the contract. You will receive more detailed information about this when Capito makes changes.