Supplementary Terms for Inclusio

Wilken Solutions Terms · Inclusio Privacy · Inclusio Subprocessor List · Deutsche Fassung (verbindlich) · Inclusio

The contracting party is exclusively Wilken UG (haftungsbeschränkt). Inclusio is offered only to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers within the meaning of Section 13 BGB are excluded. By ordering or completing checkout, you confirm that you are an entrepreneur acting in the course of your trade, business, or profession.

If you accept these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Inclusio is a WordPress plugin with assistive digital accessibility features. The scope follows the product description on wilken.solutions at the time of purchase and may include: a front-end widget with user-triggered adjustments (e.g. font size, contrast, reduce motion), skip links, server-side assistive remediations (ART), helpers for a BFSG-related accessibility statement including an end-user feedback form, a lightweight admin scanner, domain-bound license validation, installation and embed guides (WordPress and, where offered, other platforms via embed code/CDN), and support while a subscription is active.

Via the customer area (dashboard) on wilken.solutions you can manage licenses, access installation guides, view billing information, request support, and—where offered—add further licenses. Access is via magic link and/or an optional password.

You do not acquire ownership of the plugin, CDN files, or source-code rights beyond the license granted here. Services not expressly described (e.g. individual audits, redesigns, full-site remediation, legal advice) are not owed.

Inclusio is an assistive tool. Wilken does not warrant that your website will achieve or maintain full or ongoing compliance with WCAG, BITV, BFSG, the European Accessibility Act, or any other accessibility, non-discrimination, or consumer standard.

Scanner findings, widget features, ART measures, and statement helpers may be incomplete, may not cover all content types (e.g. PDF, video, third-party widgets), and do not replace a professional audit or legal advice. You remain solely responsible for your website’s design, content, and legal assessment, and for any regulatory or civil requirements.

Communications with Wilken are not legal advice. Third-party claims alleging insufficient accessibility of your website do not create a performance or compliance warranty by Wilken for Inclusio.

Wilken may develop, change, or adjust Inclusio features. There is no right to keep specific features unchanged.

Wilken is not liable for Inclusio features or any prior accessibility state continuing or remaining “compliant” after changes to your website, theme, other plugins, WordPress core, hosting, browsers, or devices. You are responsible for testing after your own changes.

Maintenance, updates, and support are provided only under an active paid subscription and on a commercially reasonable efforts basis, not as a results guarantee.

The subscription grants a limited, non-exclusive, non-transferable, non-sublicensable license to use Inclusio on the licensed domain (label domain from checkout) while the subscription remains active and these terms are complied with.

Unless expressly agreed otherwise, one production site may be active per license at a time. For CDN/embed delivery, license validation applies to the domain from which Inclusio is served. Resale, rental, service-bureau use, or making Inclusio available to third parties without Wilken’s consent is prohibited. Sharing installation or embed codes with contractors (e.g. agencies) to set up Inclusio on your site is permitted provided use remains limited to your licensed domain.

Multiple licenses may be managed under one customer account; each license may be linked to its own Stripe subscription. Reverse engineering is permitted only to the extent mandatory law requires.

The contract is formed when online checkout (including payment authorization) succeeds and the license(s) are activated. Prices are net plus applicable taxes (including automatic calculation via Stripe Tax where enabled). You must provide accurate billing and, where applicable, VAT ID details at checkout.

Service providers, agencies, and other representatives may purchase on behalf of an end client (“purchase on behalf”). In that case, the invoice recipient named on the invoice is the contractual party for billing and payment; the login email is used for technical license management. The person completing checkout declares their authority to act. The end client may receive limited dashboard access via the billing email (invoices, payment methods, billing details) and may become the account owner at any time by changing the login email.

Each license is typically billed as its own subscription (monthly or yearly) and renews automatically for the selected interval unless cancelled in time. You may add further licenses in the customer area; then the prices shown at the time of the add-on order apply.

Individual licenses may be cancelled at the end of the current billing period via the customer area or the designated cancellation page (Cancel subscription). After effective cancellation, access continues until period end; thereafter the license expires. Prepaid periods are generally non-refundable except where mandatory law requires otherwise.

Invoices and payment methods can be managed in the customer area and/or via the Stripe customer portal. Payments are processed via Stripe. Wilken may suspend access, deactivate the license, or terminate the subscription for non-payment, failed charges, or chargebacks.

Processing of personal data in connection with Inclusio is described in the Inclusio Privacy Policy and, additionally, the Wilken UG Privacy Policy. See the Inclusio Subprocessor List for processors used.

To the extent permitted by law, Inclusio is provided “as is” and “as available”. Wilken does not warrant uninterrupted or error-free operation or fitness for your particular purposes.

Wilken is liable without limitation for intent and gross negligence and for injury to life, body, or health. For slight negligence, Wilken is liable only for breach of material contractual duties (cardinal duties), limited to typical foreseeable damage.

To the extent permitted by law, Wilken’s aggregate liability arising out of or relating to Inclusio is limited to the net fees you paid for the affected Inclusio services in the twelve (12) months preceding the event giving rise to the claim. Liability for indirect damages, lost profits, data loss, or third-party accessibility claims is excluded except for intent, gross negligence, or mandatory liability.

The above limitations do not apply where the German Product Liability Act or other mandatory rules provide otherwise.

You provide accurate company, billing, and contact details, email address(es), and domain labels and keep customer-area credentials confidential. You use Inclusio lawfully and will indemnify Wilken against third-party claims arising from your website, content, or use of Inclusio, except to the extent caused by Wilken’s intent or gross negligence.

You obtain any notices or consents required for end users of your website (including widget features, cookies/localStorage, and feedback forms). If you share embed codes or access information with third parties (e.g. agencies), you remain responsible for their lawful use within your license.

Wilken may amend these Inclusio Terms for the future, especially for legal, case-law, or product reasons. Material changes will be communicated appropriately (e.g. email or website notice). Objection and continuance rules in the Wilken Terms apply correspondingly where relevant.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Venue for merchants is Cologne where permitted. Mandatory protective rules of your place of business remain unaffected to the extent they apply to entrepreneurs.

Wilken UG (haftungsbeschränkt), Braugasse 14C, 50859 Cologne, Germany, email: info@wilken.solutions.