Accessibility Panel rights and prohibition of copying

1. Who owns the rights

1.1. All economic intellectual property rights in the Panel belong to Individual Entrepreneur Andrii Vasylovych Vdovyn (taxpayer registration number (RNOKPP) 3503802498), who provides services under the name InclusiveWeb (“InclusiveWeb”, “we”).

1.2. The Panel is a computer program and is protected under Article 20 of the Law of Ukraine “On Copyright and Related Rights” No. 2811-IX in its form of expression — source code and object code. The interface texts, translations, icons, graphics and documentation are protected as separate works (Article 6 of the same Law). Copyright arises upon the creation of a work and does not require registration.

1.3. We record the publication date and checksums (SHA-384) of every version of the Panel files, keep a time-stamped development history, and place a copyright notice in every published file.

2. What exactly is protected

The Panel, the rights in which belong to InclusiveWeb, comprises:

• the source and object code, the built files (bundles) published from the cdn.inclusiveweb.net domain, the style files and the embedded panel (iframe) files;
• the panel design: layout, grid, colour schemes, typography, element states, animations, and the icon set and icon artwork;
• all texts of the interface, hints, messages and the “Accessibility statement” tab in Ukrainian and seven other languages;
• the documentation, installation instructions, code samples and dashboard materials;
• the InclusiveWeb name and logo.

Copyright does not protect ideas, principles, methods or a set of functions as such (part three of Article 7 and parts two and three of Article 20 of Law No. 2811-IX). Therefore, the prohibitions in Section 4 of this page that concern the set of functions, the screen structure and the overall appearance of the Panel are contractual: they apply on the basis of the accepted Terms of Use, the Public Offer or the terms under which the Panel was made available for review, and they do not depend on whether a particular element is protected by copyright.

3. What the customer may do

A customer with an active subscription may:

• connect the Panel to the websites listed in their account using the line of code we provide from the cdn.inclusiveweb.net domain;
• configure the Panel using the settings available in the dashboard (position, colour, language, set of tools);
• display the Panel to visitors of their websites for the term of the paid plan;
• mention InclusiveWeb in their own accessibility statement with a link to inclusiveweb.net.

Any other use requires a separate written licence — see Section 8.

4. What is prohibited

The following actions are prohibited to customers, prospective customers, their employees, contractors, web studios and agencies, and to any third parties:

• reproducing the code and files of the Panel in whole or in part;
• hosting the Panel files or any part of them on one’s own server, in one’s own or a third-party content delivery network (CDN), in a repository or in a package manager;
• reproducing, imitating or replicating the appearance, layout, structure, sequence of screens, set and names of functions, set and names of accessibility profiles, icons, colour schemes, animations and texts of the Panel — in one’s own or a third-party product, mock-up, prototype, design system or technical specification;
• creating, on the basis of the Panel, its demonstration, documentation, screenshots or screen recordings, a derivative work, an analogue, a substitute or a competing product, or instructing third parties to do so or assisting them in doing so;
• automated downloading, indexing or systematic extraction of the Panel files from cdn.inclusiveweb.net;
• using the Panel or access to it for comparative analysis (benchmarking) or for preparing a technical specification or requirements for a competing product without our prior written consent;
• removing, altering or concealing the copyright notice, the InclusiveWeb name, the version number and other rights management information in the Panel files and in its interface;
• circumventing, disabling or interfering with the technological protection measures of the Panel, including request origin verification and token verification;
• decompiling, disassembling or reverse engineering the source code of the Panel — except for actions expressly permitted by Article 25 of Law No. 2811-IX, and strictly within the limits of that Article.

5. Prospective customers, agencies and contractors

5.1. Demonstrations of the Panel, trial access, screenshots and screen recordings, documentation, specifications, commercial proposals and answers to technical questions are provided solely for evaluating the Panel in order to decide whether to enter into a contract. Receiving these materials does not grant any rights in the Panel. The restrictions of Section 4 apply to a prospective customer from the moment any such material is received and remain in force regardless of whether a contract is concluded.

5.2. Information about the architecture, unpublished features and operation of the Panel that is not publicly available and that we designate as confidential constitutes a trade secret of InclusiveWeb within the meaning of Article 505 of the Civil Code of Ukraine. Its unlawful collection, disclosure and use constitute an infringement under Articles 16–19 of the Law of Ukraine “On Protection against Unfair Competition”.

5.3. If the customer engages employees, contractors, freelancers, web studios, agencies, developers, system integrators or consultants to work with the Panel, the customer must inform them of the restrictions of Section 4 before granting access. The actions of such persons are deemed to be the actions of the customer.

6. Technological protection measures

6.1. The Panel is protected by technological measures: the configuration server responds only to requests from domains registered in the customer’s account and refuses other sources; the Panel files contain a copyright notice, the version number and a link to this page.

6.2. Circumvention of technological protection measures, as well as falsification, alteration or removal of rights management information, are separate copyright infringements (items 5 and 6 of part two of Article 53 of Law No. 2811-IX) — regardless of whether the code itself has been copied.

7. Consequences of infringement

In the event of an infringement, InclusiveWeb may apply one or more of the following remedies:

• immediate termination of access to the Panel in accordance with the Terms of Use and the Public Offer; in that case, amounts paid are refunded only in the cases provided for in the Refund Policy;
• recovery of the penalty provided for in the Public Offer and compensation for damages in excess of that penalty (Article 552 of the Civil Code of Ukraine);
• recovery of compensation under Article 55 of Law No. 2811-IX — from 2 to 200 subsistence minimums for able-bodied persons, or double the remuneration that would have been paid for permission to use the work, or triple that amount in the case of a wilful infringement. The publication of this page and the copyright notices in the Panel files mean that the infringer acts knowingly;
• an injunction against acts infringing the right and the removal from circulation of unlawfully made copies (Article 432 of the Civil Code of Ukraine);
• a notice to cease the infringement sent to the website owner and the hosting service provider under the procedure of Article 56 of Law No. 2811-IX;
• a complaint to the Antimonopoly Committee of Ukraine if the infringer uses our name, designations or business reputation or disseminates misleading information (Articles 4 and 15-1 of the Law of Ukraine “On Protection against Unfair Competition”).

8. Licensing on other terms

If you need to host the Panel on your own infrastructure, modify its interface, embed it in your own product or offer it under your own brand — this is possible under a separate written licence. It is faster and cheaper than developing and maintaining an analogue. Write to [email protected] describing the intended model of use. A partner programme is available for agencies and studios.

9. Report an infringement

If you see a copy of the InclusiveWeb Accessibility Panel on another website, send the page address, a screenshot and the date to [email protected]. We will check it and let you know the outcome.