Terms and conditions

These terms and conditions govern the services provided by Timon Filipovic, trading as “Percelia”, In der Breite 54, 79224 Umkirch, Germany (“Percelia” or “provider”) to the client (“customer”).

The services are aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code, at legal entities under public law and at public special funds. Contracts with consumers are excluded. Deviating terms of the customer do not apply, even if Percelia does not expressly object to them.

“Audit” means the commissioned assessment of a website or web application for digital accessibility. “Report” means the result document including findings, evidence and suggested fixes. “Conformance statement” means the statement derived from it under EN 301 549 or the VPAT document. “Monitoring” means recurring audits at the agreed interval.

Percelia loads the agreed pages in its own browser, assesses them across several analysis layers (rule-based, keyboard operation, AI-assisted judgment, layout adaptation, accessibility tree, dynamic behaviour), scores every finding with a confidence value, routes uncertain findings to human review, and produces the report and conformance statement from the result. Representative templates and journeys are audited, not every single URL; the concrete scope is set out in the quote.

Percelia is explicitly not an overlay and not an accessibility widget. No script is embedded into the customer's website and nothing is changed there. Fixes are implemented by the customer in their own source code.

Percelia continues to develop the service. Material reductions in scope are announced with reasonable notice.

Percelia is not a notified body and not a conformity assessment body. The report and the conformance statement are expert assessments based on a documented testing methodology and serve as the basis for the customer's own declaration. They are not an official certificate, not an assurance of legal compliance and not legal advice.

No automated procedure can determine every WCAG success criterion. Percelia therefore states confidence and methodology for each finding and routes ambiguous cases to human review. Responsibility for the accessibility of the customer's own offering and for meeting statutory obligations, in particular under the German BFSG, BITV and EN 301 549, remains with the customer.

The report reflects the state of the audited pages at the time of testing. Changes made after the audit are not covered.

• The customer names the domains, templates and journeys to be audited and a contact person.
• The customer warrants that it is entitled to commission the audit of the stated addresses, that is that it operates them or has the operator's permission. Percelia may request written confirmation and suspend the audit until it is provided.
• For areas behind a login the customer provides test accounts holding test data, not access to accounts of real users. If real data is made accessible contrary to this requirement, the customer bears the data protection responsibility for it.
• The customer informs the operators of upstream protection systems (WAF, bot protection, rate limits) where these could block the scan, and states any preferred time windows.
• If the customer does not meet these obligations, agreed dates shift accordingly and additional effort may be charged on a time and materials basis.

The scan creates automated requests to the audited pages and thus load comparable in scope and frequency to an intensive visit. Percelia observes agreed time windows and limits. The check that triggers forms blocks the submission and aborts every writing request, so no data is written into the customer's systems and no orders, sign-ups or messages are created. Suggested fixes are verified against a copy of the page in our own environment only.

The free scan offered on the website is a non-binding short check of a single page using part of the analysis layers. It makes no claim to completeness, does not create a contract for an audit and gives rise to no claims regarding availability or accuracy. Percelia may restrict or discontinue it at any time.

Presentations on the website are non-binding. The contract is concluded by acceptance of an individual quote from Percelia in text form. All prices are exclusive of statutory VAT.

One-off audits are invoiced after acceptance of the report unless agreed otherwise; monitoring is invoiced in advance for the agreed period. Invoices are payable within 14 days without deduction. In the event of default the statutory rules apply (§ 288 German Civil Code); Percelia may suspend the service after prior reminder.

For cross-border business-to-business services within the EU the reverse charge procedure generally applies; the customer provides its VAT ID for this purpose.

Part of the assessment and the suggested fixes are produced with the help of generative AI models. Such models can make mistakes and produce inaccurate statements. Percelia limits that risk by applying every suggestion to a copy of the page and re-measuring it with the same detector that produced the finding; the result of that measurement is stated in the report.

That measurement does not replace testing in the customer's own system. The customer is obliged to review and test every suggestion before adopting it into its template, CMS or shop, and to assess the effects on its overall system. Percelia is not liable for damage resulting from adopting a suggestion without such review.

Upon full payment the customer receives an unlimited (in time and territory), non-exclusive right to use, reproduce, circulate internally, present to authorities and business partners, and publish the report and the conformance statement. The customer may implement the suggested fixes in its source code without restriction.

Percelia retains all rights in the testing software, the methodology and the templates. The customer grants Percelia the right to process the audited content solely to deliver the service. Customer data is not used to train AI models.

Both parties keep the other party's confidential information confidential and use it only to perform the contract. Percelia names the customer as a reference only with its prior consent in text form.

Where Percelia processes personal data on behalf of the customer, the Data Processing Agreement (DPA) under Art. 28 GDPR applies and forms an integral part of this contract. Details of the processing operations and subprocessors are set out in the privacy policy.

Percelia strives for high availability of the dashboard but owes no specific availability without a separate agreement. Maintenance and outages at upstream providers are excluded. For ongoing monitoring: if a scheduled run is delayed, it is carried out afterwards.

Percelia is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and within the scope of a guarantee given.

For slightly negligent breaches of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract, at most to the fee paid for the engagement concerned. Liability for slight negligence is otherwise excluded.

Liability is excluded in particular for fines, cease-and-desist costs or third-party claims arising because the customer does not remedy identified barriers, implements the report only partially, or breaches statutory obligations irrespective of the audit result.

The customer indemnifies Percelia against third-party claims based on the customer having commissioned the audit of addresses it was not entitled to have audited, or having provided access to accounts of real users contrary to clause 4. The indemnity covers reasonable costs of legal defence.

A one-off audit ends with acceptance of the report. Monitoring contracts run for an indefinite period and may be terminated by either party with one month's notice to the end of the billing period; for annual terms with 30 days' notice to the end of the term. The right to terminate for cause remains unaffected.

After the contract ends Percelia provides an export of the customer's data and reports for 30 days and then deletes them in line with the DPA, unless statutory retention obligations apply.

Percelia may amend these terms with 30 days' notice in text form, provided the change is reasonable for the customer. If the customer objects within 30 days, the objection counts as ordinary termination effective when the change takes effect. Audits already commissioned remain governed by the terms in force when they were commissioned.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is, as far as legally permissible, Freiburg im Breisgau, Germany. In data protection matters the DPA prevails in case of conflict. Should individual provisions be invalid, the remainder of the contract remains effective. Amendments and side agreements require text form. Questions about these terms: hello@percelia.eu.