These Terms govern your access to and use of AccessibilityTracker, including all features, tools, services, functionality, and content provided through the Platform.
AccessibilityTracker.com ("AccessibilityTracker," "Tracker," or the "Platform") is owned and operated by Accessible.org, LLC, a Texas limited liability company ("Accessible.org," "we," "us," or "our"). AccessibilityTracker is a property of Accessible.org and is subject to the governance, policies, and practices of Accessible.org.
These Terms and Conditions ("Terms") govern your access to and use of AccessibilityTracker, including all features, tools, services, functionality, and content provided through the Platform. "You" refers to any individual or entity that accesses, uses, registers for, or subscribes to the Platform.
By accessing or using AccessibilityTracker, creating an account, or subscribing to any plan or service offered through the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Platform and not create an account or subscribe to any plan.
Accessible.org reserves the right to update, modify, or replace these Terms at any time without prior notice to you. Changes become effective upon posting to AccessibilityTracker or accessible.org. Your continued use of the Platform following any modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
If you have entered into a separately executed services agreement, statement of work, or written proposal with Accessible.org (collectively, a "Services Agreement"), these Terms supplement but do not replace that Services Agreement. In the event of a conflict between these Terms and a signed Services Agreement, the Services Agreement shall control with respect to the scope and terms of the applicable engagement. Where these Terms address subjects not covered by a Services Agreement, these Terms shall apply in full. Your use of the Platform is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
Nothing on the Platform, in any communication from Accessible.org, or in any report, scan result, or output generated by the Platform constitutes legal advice, legal counsel, or the practice of law. AccessibilityTracker is a technical compliance management tool that provides accessibility tracking, scanning, monitoring, and reporting functionality. Any information provided through the Platform, including scan results, issue descriptions, remediation recommendations, and compliance metrics, is for informational and technical purposes only and should not be construed as legal advice or relied upon as a substitute for consultation with a qualified attorney. You are solely responsible for obtaining independent legal counsel regarding your legal obligations, including but not limited to compliance with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, the European Accessibility Act (EAA), and any other applicable federal, state, local, or international law or regulation.
To access certain features of the Platform, you must create an account. By creating an account, you represent and warrant that (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal capacity and authority to enter into these Terms; (c) all information you provide during registration and at any time thereafter is truthful, accurate, current, and complete; and (d) you will maintain and promptly update your account information to keep it accurate and current.
You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to notify us immediately at info@accessible.org if you become aware of any unauthorized use of your account or any other breach of security. Accessible.org shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
If you create an account on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to both you individually and the entity you represent. Account administrators within an organization may have the ability to manage user access, view usage data, and configure settings across the organization's account. You are responsible for managing user access within your organization and for ensuring that all users within your organization comply with these Terms.
You agree to use the Platform only for its intended purpose of tracking, managing, and monitoring digital accessibility issues. You agree not to (a) use the Platform for any unlawful purpose or in violation of any applicable law or regulation; (b) attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform; (c) interfere with or disrupt the integrity, performance, or availability of the Platform or its underlying infrastructure; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or any part thereof; (e) use the Platform to develop a competing product or service; (f) scrape, harvest, or collect data from the Platform through automated means except through features expressly provided for that purpose; (g) use the Platform to store, transmit, or process data that is unrelated to accessibility tracking, including but not limited to end-user personal information, protected health information, financial records, or authentication credentials belonging to third parties; (h) sublicense, resell, or redistribute access to the Platform without Accessible.org's prior written consent; (i) remove, alter, or obscure any proprietary notices, labels, or marks on the Platform; or (j) use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.
Accessible.org reserves the right to suspend or terminate your account and access to the Platform at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct that is harmful to the Platform, other users, or Accessible.org.
If you use AccessibilityTracker's scanning and monitoring features, you represent and warrant that you have the legal right and authorization to scan the web properties you designate within the Platform. You are solely responsible for ensuring that your use of the scanning features complies with all applicable laws and does not violate the rights of any third party. Accessible.org shall not be liable for any claims arising from your use of the scanning features on properties you do not own or are not authorized to scan.
Scanning and monitoring features are subject to usage limits based on your subscription tier. Accessible.org reserves the right to throttle, limit, or temporarily suspend scanning activity to maintain Platform performance and stability. Scan results are generated through automated processes and represent a point-in-time technical evaluation. Scan results do not constitute a comprehensive manual audit, a guarantee of accessibility conformance, or a certification of legal compliance.
AccessibilityTracker is offered on a subscription basis with various tiers and add-on services. Pricing, features, usage limits, and plan details are as published on the Platform or as agreed in writing. Accessible.org reserves the right to modify pricing and plan features at any time. Changes to pricing will apply to new subscriptions and renewals after the effective date of the change. We will provide reasonable notice of pricing changes to existing subscribers before their next renewal.
By subscribing to a paid plan, you agree to pay all fees associated with your selected plan and any add-on services. All fees are due in advance and are non-refundable except as expressly provided in these Terms or as required by applicable law. Payments are processed through third-party payment processors including but not limited to Stripe. You authorize us and our payment processors to charge your designated payment method for all applicable fees on a recurring basis according to your subscription cycle.
If your payment method is declined or payment is otherwise not received, we may suspend or restrict your access to the Platform until payment is received. You are responsible for any taxes, duties, or other governmental assessments associated with your use of the Platform, excluding taxes based on Accessible.org's net income.
Accessible.org may offer free plans or trial periods at its discretion. Free plans and trials may have limited features, usage restrictions, or time limitations. Accessible.org reserves the right to modify, limit, or discontinue any free plan or trial at any time without notice. Free plans and trials are provided "as is" without any warranty or service level commitment.
Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at info@accessible.org. Cancellation takes effect at the end of the current billing period, and you will retain access to the Platform through the end of that period. No refunds or credits will be issued for partial billing periods.
Upon cancellation or termination of your subscription, your Platform data will be retained for a period of thirty (30) days to allow you to request an export. After this period, your data will be deleted from our active systems, though it may persist in backups for a limited period consistent with our backup retention schedule before being permanently removed. You may request an export of your Platform data at any time by contacting us at info@accessible.org. We will provide your data in a reasonable, commonly used format within a reasonable timeframe.
Accessible.org reserves the right to terminate your account and delete your data immediately, without the thirty-day retention period, if your account is terminated for violation of these Terms, abusive conduct, or illegal activity.
Accessible.org will use commercially reasonable efforts to maintain the availability of the Platform. However, the Platform may be subject to scheduled maintenance, updates, and occasional unplanned downtime. Accessible.org does not guarantee any specific uptime percentage or service level unless expressly agreed in a separate written agreement. We will endeavor to provide advance notice of scheduled maintenance when practicable.
The Platform, including all software, code, algorithms, interfaces, designs, features, tools, templates, documentation, and proprietary methodologies, is the exclusive property of Accessible.org and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform except the limited right to use the Platform in accordance with these Terms and your subscription.
The Accessible.org name, AccessibilityTracker name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Accessible.org. You may not use such marks without the prior written permission of Accessible.org.
You retain ownership of the data you submit to AccessibilityTracker, including accessibility issues, project configurations, remediation notes, and other content you create within the Platform ("Your Data"). By submitting Your Data to the Platform, you grant Accessible.org a limited, non-exclusive license to use, process, store, and display Your Data solely for the purpose of providing, maintaining, and improving the Platform and performing services for you. This license terminates when Your Data is deleted from the Platform in accordance with these Terms.
You are solely responsible for Your Data, including its accuracy, legality, and appropriateness. You represent and warrant that you have all rights necessary to submit Your Data to the Platform and to grant the license described above. Accessible.org does not use Your Data to benefit other clients and does not access Your Data except as necessary to provide, maintain, and support the Platform or as required by law.
If you provide suggestions, ideas, feedback, or recommendations regarding the Platform ("Feedback"), you grant Accessible.org a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and incorporate such Feedback into the Platform or other products and services without any obligation or compensation to you.
AccessibilityTracker is a technical compliance management tool. The Platform provides automated scanning, issue tracking, monitoring, and reporting features to assist you in managing digital accessibility. You acknowledge that (a) accessibility compliance is subject to varying interpretations by courts, regulatory agencies, and other entities; (b) automated scanning tools cannot identify all accessibility issues and do not replace comprehensive manual evaluation by a qualified accessibility expert; (c) scan results, issue descriptions, remediation recommendations, and compliance metrics generated by the Platform represent automated technical assessments at a specific point in time; (d) the Platform does not constitute a guarantee, certification, or warranty of legal compliance with the ADA, Section 508, the EAA, WCAG, or any other accessibility law, regulation, or standard; and (e) WCAG conformance and legal compliance remain your sole responsibility.
The Platform and all features, tools, content, scan results, reports, and other outputs are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Accessible.org expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, compatibility, compliance with any legal standard, and any warranties arising from course of dealing, usage, or trade practice.
Accessible.org does not warrant that (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) scan results or other outputs will be accurate, reliable, complete, or free of false positives or false negatives; (c) the Platform will identify all accessibility issues on any given property; (d) use of the Platform will ensure legal compliance or eliminate all accessibility barriers; (e) any defects in the Platform will be corrected within any particular timeframe; or (f) the Platform will meet your particular requirements or expectations.
You assume all risk associated with your use of the Platform, your reliance on scan results and other Platform outputs, and your implementation or non-implementation of any recommendations or information provided through the Platform.
To the fullest extent permitted by applicable law, in no event shall Accessible.org, its owner, members, managers, officers, employees, agents, contractors, subcontractors, or affiliates (collectively, "Accessible.org Parties") be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or in connection with (a) your use of or inability to use the Platform; (b) any scan results, reports, recommendations, or other outputs generated by the Platform; (c) any conduct or content of any third party; (d) unauthorized access to or alteration of your transmissions or data; (e) accessibility-related lawsuits, regulatory fines or penalties, or user complaints brought against you; (f) costs of remediation efforts undertaken by you or third parties; (g) any interruption, suspension, or termination of the Platform or your access thereto; or (h) any other matter relating to the Platform, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if Accessible.org has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total aggregate liability of all Accessible.org Parties for all claims arising out of or relating to these Terms or the Platform shall not exceed the total amount actually paid by you to Accessible.org for Platform subscriptions during the twelve (12) months immediately preceding the event giving rise to such liability, or one hundred dollars ($100.00), whichever is greater.
The limitations set forth in this section shall apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if a remedy set forth herein is found to have failed its essential purpose. You acknowledge that Accessible.org's pricing reflects this allocation of risk and that Accessible.org would not provide the Platform without these limitations.
You waive any right to claim that any scan result, report, or output provided by the Platform was deficient, incomplete, or incorrect as a defense in any accessibility-related legal action brought against you by third parties. The remedies stated in these Terms are your sole and exclusive remedies.
You agree to indemnify, defend, and hold harmless the Accessible.org Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) Your Data or any content you submit, post, or transmit through the Platform; (e) your reliance upon any scan result, report, recommendation, or other output generated by the Platform; (f) your implementation or non-implementation of any information or recommendation provided through the Platform; (g) your use of the scanning features on properties you do not own or are not authorized to scan; (h) any changes made to scanned or audited properties after generation of scan results or reports; or (i) any accessibility-related lawsuit, regulatory action, or user complaint directed at your website, application, or digital properties.
This indemnification obligation shall survive the termination of these Terms and your subscription, and includes reasonable attorneys' fees and costs incurred by the Accessible.org Parties in defending against such claims.
These Terms are between Accessible.org and you only. No other person or entity, including but not limited to end users, website visitors, or plaintiffs in accessibility lawsuits, has any rights under these Terms or may make any claims against Accessible.org based on the Platform or any outputs generated by the Platform. You shall not represent to any third party that AccessibilityTracker's scan results, reports, or outputs create any warranties or obligations to anyone other than you.
These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. If you are located outside the United States, you agree that any dispute shall be resolved under Texas law without regard to conflict of law principles, and you waive any right to assert foreign law or jurisdiction.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
For claims of twenty thousand dollars ($20,000) or less, either party may elect to pursue the matter in small claims court or state court in Bexar County, Texas. For claims exceeding twenty thousand dollars ($20,000), the parties agree to first attempt resolution through non-binding mediation in San Antonio, Texas, with costs split equally between the parties. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue the matter in state or federal court located in Bexar County, Texas. You consent to the exclusive jurisdiction and venue of these courts and waive any objection based on forum non conveniens or any other basis.
You agree that any dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. You waive any right to participate in a class action, class arbitration, or any consolidated or representative proceeding. You further waive any right to a jury trial in any proceeding arising out of or related to these Terms or the Platform.
In any action to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including expert witness fees and costs of collection.
Any claim or cause of action arising out of or related to these Terms or the Platform must be brought within one (1) year after the cause of action accrues, regardless of any longer statute of limitations period that might otherwise apply. You waive any right to assert claims after this one-year period. This one-year limitation period applies even if you discover or reasonably should have discovered the claim at a later date.
Each party agrees to hold in confidence all Confidential Information disclosed by the other party. "Confidential Information" means any non-public information, technical data, or know-how disclosed by either party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This includes but is not limited to Platform data, scan results, audit reports, remediation findings, pricing, business processes, and proprietary methodologies.
The receiving party shall not disclose Confidential Information to any third party without the disclosing party's prior written consent, except to employees or contractors who need to know such information to perform obligations under these Terms and who are bound by confidentiality obligations at least as protective as those herein.
Confidential Information does not include information that (a) becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.
These confidentiality obligations shall survive termination of these Terms and your subscription for a period of three (3) years.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, labor disputes, power failures, internet disruptions, or failures of third-party services or technology. The affected party shall provide prompt written notice and use commercially reasonable efforts to resume performance. If a force majeure event continues for more than sixty (60) days, either party may terminate the applicable subscription upon written notice.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Note that applicable law may not permit certain exclusions of warranties or limitations of liability, in which case such exclusions or limitations shall apply to the maximum extent permitted by applicable law.
The failure of Accessible.org to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Accessible.org. No waiver of any provision shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
Accessible.org may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Accessible.org.
These Terms, together with any separately executed Services Agreement, the Privacy Policy, and any other legal notices or policies published by Accessible.org on the Platform, constitute the entire agreement between you and Accessible.org regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
The following provisions shall survive termination or expiration of these Terms and your subscription: Assumption of Risk and No Warranty, Limitation of Liability, Indemnification, No Third-Party Beneficiaries, Confidentiality, Governing Law, Dispute Resolution, Statute of Limitations, and any accrued payment obligations.
If you have any questions regarding these Terms, please contact us at:
Accessible.org, LLC
Email: info@accessible.org
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