Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "your") and Accessibility Conformance ("we", "us", or "our"), which is a trade name of Quiet Loud Creations LLC. They govern your access to and use of accessibilityconformance.com, including our automated accessibility scanning and monitoring, dashboard, reports, accessibility statement generator, VPAT and accessibility documentation tools, and related services (together, the "Service").

By creating an account, purchasing a subscription, requesting an audit, submitting a website for scanning, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service for a company, organization, or public entity, you represent that you have authority to bind it, and "you" then includes that entity. You must be at least 16 years old to use the Service.

2. Accounts and Security

Some features need an account. You agree to:

• Give accurate, current, and complete information, and not impersonate any person or organization.
• Keep your sign-in credentials secure and tell us promptly if you suspect unauthorized access.
• Accept responsibility for activity under your account, including scans and actions by people you invite.

We may suspend or terminate accounts that give misleading information, violate these Terms, or create a security risk.

3. Team Accounts

The Pro plan includes three seats, counting the account owner. Custom plans may include more. The owner may invite people as Viewers (who can see results and reports) or Editors (who can also run scans, add and pause sites, change scan schedules, track fixes, and create VPATs and accessibility statements).

The owner is responsible for managing access and roles, removing people who no longer need access, and everything the people they invite do through the Service. Scans run by team members count against the owner's plan. Only the owner can remove sites or manage billing, the team, or the account.

5. Acceptable Use

You agree that you will not:

• Use the Service for denial-of-service attacks or to overwhelm or disrupt any website, system, or network.
• Scan a website without authorization.
• Circumvent or attempt to bypass plan quotas, scan limits, or rate limits, including by creating multiple accounts to do so.
• Publish an accessibility statement, or generate a VPAT or other accessibility document, for a website or organization you do not represent.
• Attempt to gain unauthorized access to another user's account or data, or to our systems or any third-party system through the Service.
• Upload or transmit malware or other harmful material.
• Reverse engineer, decompile, or try to extract the source code or proprietary algorithms of the Service, except where the law forbids this restriction.
• Resell, sublicense, rent, white-label, or give third parties direct API access to the Service without our written agreement.
• Use the Service to break the law or infringe anyone's rights, or interfere with the Service's operation, security, or integrity.

We may investigate suspected violations and take appropriate action, including restricting or suspending access where reasonably necessary to respond to a security incident, fraud, or abuse.

7. VPATs, Accessibility Documents, and Statements

The Service can generate drafts based on the Voluntary Product Accessibility Template (VPAT) format and Accessibility Conformance Report concepts. Drafts may need review, editing, and approval before use. You are responsible for making sure anything you publish or distribute accurately describes your product, service, organization, or website. We do not certify or independently verify what a generated document says. VPAT is a registered trademark of the Information Technology Industry Council; its use here does not imply endorsement or affiliation.

If you publish an accessibility statement, you are responsible for its accuracy and you represent that you may publish it for that organization or website. Published statements are public at a unique URL. We may remove or disable a statement we reasonably believe violates these Terms, is unlawful, or is being misused.

If you unpublish a statement, or your plan ends and no longer includes the statement generator, the public statement page and its badge stop working. If you embedded the badge on your site, it will stop displaying, and you are responsible for updating your site. Publishing again creates a new link.

8. Your Content and Aggregated Data

You keep ownership of the content and information you submit or create through the Service, such as website information, organization details, remediation notes, and logos ("Customer Content"). You give us a limited, non-exclusive, worldwide license to host, process, and use Customer Content only as needed to provide and secure the Service, run scans and monitoring, generate reports and documents you request, provide support, prevent fraud and abuse, and comply with the law. You are responsible for having the rights needed for us to do this.

We may create and use aggregated or de-identified information from use of the Service, for example for analytics, security, research, and product improvement, as long as it does not reasonably identify you, your organization, or an individual.

9. Plans, Billing, and Renewal

We offer Free, Monitor, Pro, and Custom plans. Site limits, scan cadences, monthly quotas, and seats are on our Pricing Page. Custom plans may be offered under a written order or agreement, and if a written agreement signed by both parties conflicts with these Terms, the agreement controls for the conflicting provision.

• Quotas: Quotas run on a monthly calendar cycle. When a monthly limit is reached, scheduled and manual scans pause until the quota resets or you upgrade.
• Renewal and payment: Paid plans renew automatically at the end of each billing period, monthly or annual depending on the option you chose at checkout, until you cancel. Annual plans are billed once per year and renew for another year at the then-current annual price unless you cancel before the renewal date. You authorize us and our payment processor, Stripe, to charge the fees and taxes to your payment method. We do not store your full card number. If a payment fails, we may restrict paid features until it succeeds.
• Pricing changes: We may change fees or plan limits on reasonable advance notice. Changes apply only to later billing cycles.

10. Cancellation, Refunds, and Plan Changes

• Cancellation: You may cancel a paid subscription at any time in your dashboard. It takes effect at the end of the current prepaid period. Deleting your account cancels any subscription immediately.
• Refunds: Except where the law requires or we state otherwise, fees are non-refundable and we do not prorate partial billing periods.
• Downgrades and plan endings: If a plan ends or is downgraded, sites beyond the new site limit are paused, scheduled scans may stop, and some reports or features, and team members if the plan no longer includes teams, may become unavailable. Your data is kept subject to the retention periods below, and paused sites can be reactivated when your plan allows.

11. Scan History and Retention

Unless a written agreement says otherwise, we keep scan results and reports for 30 days on the Free plan, 6 months on Monitor, and 12 months on Pro. Download anything you want to keep for longer. More detail is in our Privacy Policy.

12. Changes to the Service and Third-Party Services

We may change, suspend, or discontinue parts of the Service, including features, scan engines, and plan features, and we will try to give notice of material changes where practicable. We are not liable for losses from those changes except where the law requires or we agree in writing.

The Service relies on third-party providers for hosting, payments, email, and security. We are not responsible for the availability, security, content, or practices of third-party services outside our reasonable control, and your use of them may be subject to their own terms.

13. Intellectual Property and Deliverables

The Service, including its software, interfaces, designs, documentation, scan engines, algorithms, trademarks, and logos, is owned by or licensed to us and protected by intellectual property law. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of it except as these Terms or the law permit.

Subject to your compliance with these Terms, we grant you a non-exclusive, perpetual, worldwide license to use, display, distribute, and reproduce the reports, VPAT documents, accessibility statements, badges, and other deliverables the Service generates for you, for your legitimate internal and public business purposes. This does not transfer ownership of the underlying Service or technology.

14. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your access if you:

• Materially violate these Terms or scan websites without authorization.
• Fail to pay fees you owe.
• Create a security or operational risk, or engage in fraud or abuse.

We may also suspend or terminate access where the law requires. Where reasonably practicable we may give notice and a chance to fix the problem first. When access ends, your right to use the Service ends. Provisions that by their nature should survive will survive, including those on intellectual property, disclaimers, limits of liability, indemnification, payment obligations, and governing law.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Accessibility Conformance, its owners, officers, employees, contractors, and agents from claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your material violation of these Terms.
• Scanning of websites or systems without proper authorization.
• Your Customer Content, or your violation of another person's rights.
• Accessibility statements or other representations you publish through the Service.

We may take over the defense of any such matter, and you agree to cooperate.

16. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY ACCESSIBILITY ISSUE WILL BE DETECTED, THAT SCAN RESULTS WILL BE COMPLETE, THAT A WEBSITE WILL BE ACCESSIBLE OR LEGALLY COMPLIANT AS A RESULT OF USING THE SERVICE, OR THAT ANY GENERATED DOCUMENT WILL BE ACCEPTED BY ANY AGENCY, COURT, REGULATOR, CUSTOMER, OR OTHER THIRD PARTY.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESSIBILITY CONFORMANCE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR LEGAL OR REGULATORY PENALTIES ARISING FROM OR RELATED TO THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, AND NEGLIGENCE. Nothing in these Terms limits liability that cannot lawfully be limited.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. To the extent the law permits, any dispute arising from these Terms or the Service must be brought exclusively in the state or federal courts located in Texas, and you consent to their personal jurisdiction and venue.

19. General Terms

• Changes to these Terms: We may update these Terms. When we do, we will change the "Last updated" date, and for material changes we will give notice by email or in the dashboard. Continuing to use the Service after a change means you accept the updated Terms, unless the law requires a different form of acceptance.
• Entire agreement: These Terms, with any written agreement signed by both parties, are the whole agreement between you and us about the Service and replace earlier agreements about it.
• Severability and waiver: If a provision is held unenforceable, it will be enforced to the extent permitted and the rest stays in effect. Our not enforcing a provision is not a waiver of it.
• Assignment: You may not assign these Terms without our written consent. We may assign them in a merger, acquisition, reorganization, or sale of assets.
• Force majeure: We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, government action, war, labor disputes, internet or infrastructure failures, and failures of third-party providers.

20. Contact and Customer Support

For questions about these Terms, subscriptions, or contractual matters, contact: