Terms of Service
Last updated: January 2025
These Terms of Service ("Terms") govern your access to and use of ADACheck's website accessibility scanning services, website, and any related software or services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
ADACheck provides automated website accessibility scanning and analysis services. Our Service:
- Crawls specified web pages to identify potential accessibility issues
- Runs automated checks based on WCAG 2.1 guidelines
- Uses AI to provide explanations and recommendations
- Generates reports in various formats (PDF, JSON)
3. Important Disclaimers
3.1 Not Legal Advice
THE SERVICE DOES NOT PROVIDE LEGAL ADVICE. The information and reports generated by the Service are for informational purposes only and should not be construed as legal advice. Accessibility requirements vary by jurisdiction, industry, and circumstances. You should consult with qualified legal counsel regarding your specific compliance obligations.
3.2 No Guarantee of Compliance
THE SERVICE DOES NOT GUARANTEE ACCESSIBILITY COMPLIANCE. Automated testing can identify many common accessibility issues but cannot detect all potential barriers. Studies suggest automated tools can identify approximately 30-40% of accessibility issues. Many WCAG success criteria require human judgment and cannot be fully automated.
3.3 Limitation of Automated Testing
Our scans are automated and may produce false positives or miss certain issues. Results should be verified by qualified accessibility professionals. We strongly recommend supplementing automated scanning with:
- Manual accessibility testing by trained auditors
- Testing with assistive technologies (screen readers, etc.)
- User testing with people who have disabilities
3.4 State-Specific Compliance Information
STATE COMPLIANCE ASSESSMENTS ARE FOR INFORMATIONAL PURPOSES ONLY. When you select a state jurisdiction for your scan, we provide general information about state accessibility laws and estimated legal exposure. This information:
- Is based on publicly available legal information and may not reflect recent changes
- Does not account for all factors that may affect your specific legal situation
- Should not be relied upon as legal advice or a complete legal analysis
- May not reflect local ordinances or industry-specific regulations
State laws vary significantly in their applicability, enforcement, and penalties. The risk assessments provided are estimates based on general factors and should be verified with qualified legal counsel in your jurisdiction.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Scan websites you do not own or have authorization to scan
- Use the Service to harm, harass, or interfere with other users or websites
- Attempt to circumvent usage limits or access controls
- Reverse engineer, decompile, or attempt to extract source code
- Use the Service for any illegal or unauthorized purpose
- Transmit viruses, malware, or other harmful code
- Resell or redistribute the Service without authorization
5. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
6. Intellectual Property
The Service, including its original content, features, and functionality, is owned by ADACheck and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of any content you provide to the Service (such as website URLs). By using the Service, you grant us a limited license to access and analyze your specified web pages for the purpose of providing the Service.
7. Payment and Subscriptions
Certain features of the Service require payment. By subscribing to a paid plan, you agree to pay the applicable fees. Subscriptions automatically renew unless cancelled before the renewal date.
We reserve the right to change pricing with 30 days notice. Price changes will not affect your current billing period.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESSIBILITYAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Service
- Any unauthorized access to or use of our servers
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, or similar issues transmitted through the Service
- Any errors or omissions in any content
- Any reliance placed on Service outputs or reports
- Any accessibility claims, lawsuits, or regulatory actions
9. Indemnification
You agree to indemnify and hold harmless ADACheck and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service or violation of these Terms.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
13. Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You agree to waive any right to a jury trial or to participate in a class action.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15. Contact Information
For questions about these Terms, please contact us at:
Email: legal@adacheck.io