Terms of Service

1. Acceptance of Terms

By accessing and using the website and services provided by iComplyADA ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you are prohibited from using our services. These terms apply to all visitors, users, and others who access or use our platform.

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. Material changes will be communicated via email or a prominent notice within the Services. The updated Terms will be posted on this page with a revised 'Last Updated' date. Continued use of the Services after updates constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

2. Use License

Permission is granted to temporarily access the materials and use the services on iComplyADA's website for personal, non-commercial transitory viewing or for legitimate business purposes related to achieving ADA and WCAG compliance. This is the grant of a license, not a transfer of title, and under this license, you may not:

• Modify, copy, or reverse engineer our software, tools, or materials.
• Use the materials for any commercial purpose not explicitly authorized by us.
• Attempt to decompile or extract the source code of any software contained on our platform.
• Remove any copyright or other proprietary notations from the materials.
• Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by iComplyADA at any time.

You must be at least 18 years old and legally capable of entering into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Disclaimer

The materials and services on iComplyADA's website are provided on an 'as is' and 'as available' basis. While our tools are designed to assist organizations in meeting ADA Title II and WCAG standards, iComplyADA makes no warranties, expressed or implied, that our automated tools or manual services will guarantee absolute immunity from legal action or compliance claims. Users are responsible for interpreting the audit results and implementing necessary remediation. We disclaim all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4. Limitations of Liability

In no event shall iComplyADA, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

5. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Alabama, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

6. Contact Information

7. Purpose of the Services

The Services provided by iComplyADA, including our automated accessibility scanning platform, widgets, and associated tools, are designed to assist businesses, organizations, and governmental entities in identifying potential accessibility barriers on their digital properties. The purpose of these tools is to evaluate web environments against technical guidelines (such as the Web Content Accessibility Guidelines or WCAG) to help facilitate a more inclusive digital experience for individuals with disabilities. The Services constitute a technical audit and remediation workflow platform, not a certification of definitive legal compliance.

8. No Guarantee of Legal Compliance

While iComplyADA strives to align its technology with leading accessibility standards, we expressly disclaim any representation or warranty that the use of our Services will guarantee full compliance with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, or any other local, state, or international accessibility laws. Digital accessibility is a continuous process subject to changing judicial interpretations and varying user configurations. You acknowledge that passing an automated scan or implementing our widget does not serve as an absolute defense against legal claims, demand letters, or lawsuits related to digital accessibility.

9. Accessibility Standards

Our Services evaluate digital assets primarily based on the Web Content Accessibility Guidelines (WCAG) 2.1 and 2.2 at the AA level, which are widely recognized technical standards. However, because WCAG guidelines contain both objective and subjective success criteria, automated evaluation tools may interpret certain guidelines differently than a human auditor or legal authority. iComplyADA continuously updates its evaluation engine to reflect current standards, but we do not warrant that our engine encompasses every interpretation of the WCAG framework.

10. Automated Scanning Limitations

You acknowledge and understand that automated accessibility scanning tools have inherent technical limitations. Automated scanners typically identify approximately 25% to 30% of all possible accessibility violations. Complex interactive elements, dynamic DOM changes, screen reader logic flows, and subjective criteria (such as the meaningfulness of alt text or logical focus order) often require manual human evaluation. iComplyADA provides these automated tools as a foundational step in your accessibility journey, but strongly recommends coupling our automated Services with manual testing by native users of assistive technologies.

11. Accessibility Widget Disclosure

If you utilize the iComplyADA accessibility widget (overlay) on your website, you understand that this tool provides temporary, client-side modifications to assist users with specific preferences or mild impairments. The widget does NOT alter your website's source code, does not fix underlying structural accessibility issues, and does not make an inherently inaccessible website fully accessible to screen reader users. Relying solely on the widget without remediating underlying source code errors is not a recognized method for achieving comprehensive ADA compliance.

12. Customer Responsibilities

As a user of our Services, you retain ultimate responsibility for the accessibility of your digital properties. Your obligations include, but are not limited to:

• Reviewing the reports generated by our platform and actively executing remediation on your source code.
• Ensuring that new content added to your digital properties adheres to accessibility standards.
• Conducting periodic manual testing to catch issues that automated scanners miss.
• Drafting, publishing, and maintaining an accurate Accessibility Statement on your website that provides a feedback mechanism for users.
• Maintaining the confidentiality of your account credentials.
• All activity occurring under your account.
• Providing accurate and up-to-date account information.
• Ensuring that your account is not shared with unauthorized users.

You agree to notify us immediately of any unauthorized access, security breach, or suspected misuse of your account. We reserve the right to suspend or terminate accounts that violate these obligations.

13. Third-Party Content

Our Services may scan and report on third-party integrations (e.g., embedded video players, chat widgets, payment gateways, or external iframes) present on your website. iComplyADA has no control over the source code or accessibility compliance of these third-party tools. If our platform identifies accessibility barriers within third-party content, it is your responsibility to contact the third-party vendor to request accessible solutions or consider alternative accessible vendors. We are not liable for accessibility violations caused by tools or content outside of your direct control.

14. No Legal Advice

iComplyADA is a technology and consulting company, not a law firm. No information provided through our platform, website, support channels, sales materials, or reports constitutes legal advice. Any guidance or interpretation of accessibility laws, regulations, or standards provided by iComplyADA is for informational purposes only. We strongly advise you to consult with qualified legal counsel regarding your specific legal obligations and risks related to digital accessibility.

15. Limitation Regarding Accessibility Claims

Notwithstanding anything to the contrary in these Terms, iComplyADA shall not be liable for any damages, settlements, legal fees, or penalties incurred by you resulting from demand letters, regulatory actions, or lawsuits alleging that your digital properties violate the ADA or similar accessibility laws. Our liability is strictly limited to the provision of our SaaS tools as outlined in Section 4 (Limitations of Liability), and we explicitly disclaim any obligation to indemnify you against third-party accessibility claims.

16. Customer Indemnification

You agree to indemnify, defend, and hold harmless iComplyADA, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your failure to maintain an accessible website, your reliance on our tools in lieu of necessary manual remediation, or your violation of any applicable local, state, or federal accessibility laws.

17. Subscriptions, Billing & Payments

Certain Services require a paid subscription. Payments are processed securely through our payment processor, Stripe. By purchasing a subscription, you authorize recurring billing according to your selected plan and billing cycle.

Billing Terms

• Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
• Fees are non-refundable unless otherwise required by applicable law or as explicitly stated in these Terms.
• Failure to pay may result in suspension of Services or termination of your account.
• Pricing may change with reasonable notice. Any price changes will take effect at the start of your next billing cycle.
• You are responsible for all applicable taxes, duties, and governmental charges associated with your subscription.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period, and you will retain access until that time. No prorated refunds will be issued for partial billing periods unless required by law.

Free Trials

• We may offer free trials or limited-access plans from time to time. Trial access is provided at our sole discretion and may be subject to additional terms.
• At the conclusion of a trial period, your subscription may automatically convert to a paid plan unless you cancel before the renewal date. You authorize us to charge the payment method on file upon conversion. You may cancel at any time before conversion to avoid charges.

18. Service Availability and Termination

Service Availability

We strive to maintain reliable and secure access to the Services, but we do not guarantee uninterrupted, timely, secure, or error-free operation.

We reserve the right to:

• Modify, update, or remove features at any time
• Perform scheduled or emergency maintenance
• Suspend services temporarily for operational or security reasons
• Discontinue portions of the platform with reasonable advance notice

Termination of Services

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for:

• Violation of these Terms or applicable law
• Fraudulent, deceptive, or abusive activity
• Non-payment or billing disputes unresolved after notice
• Security risks or threats to platform integrity
• Extended periods of inactivity, at our discretion

Upon termination, your right to use the Services immediately ceases. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property rights, disclaimers, indemnification, and limitation of liability.

19. Electronic Communications

By using the Services and providing your email address, you consent to receive electronic communications from us, including service notices, billing information, promotional materials, and policy updates. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

20. SaaS Terms – California Privacy

20.1 California Consumer Privacy Rights

This section applies solely to users and customers who reside in the State of California, in compliance with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). It outlines how iComplyADA collects, uses, and shares Personal Information (as defined by the CCPA) when you use our SaaS platform. California residents have the right to request knowledge of, access to, correction of, and deletion of their Personal Information, as well as the right to opt-out of the sale or sharing of their data.

20.2 Service Provider Status

In relation to the end-user data processed through our accessibility widget or scanning tools on your website, iComplyADA acts strictly as a "Service Provider" (under the CCPA). We process this Personal Information solely on your behalf and for the specific purpose of providing the accessibility services described in our agreement. We do not sell, share, or retain end-user Personal Information for our own commercial purposes outside of providing the contracted services.

20.3 Customer Data Instructions

As a Customer using our platform, you retain all rights and ownership of the Customer Data you input into the Service. You instruct iComplyADA to process this data strictly to deliver, maintain, and improve the SaaS tools. It is your responsibility to ensure you have established a lawful basis for collecting any Personal Information on your digital properties and for transferring it to iComplyADA for processing.

20.4 Data Retention

iComplyADA retains Customer Data and any associated Personal Information for as long as your account remains active or as needed to provide the Services. Upon termination or expiration of your subscription, we will delete or anonymize all Personal Information in our possession within ninety (90) days, unless legally required to retain it for compliance with applicable laws, dispute resolution, or enforcing our agreements.

20.5 Security

We implement and maintain reasonable and appropriate administrative, physical, and technical security measures designed to protect Customer Data and Personal Information against unauthorized access, destruction, use, modification, or disclosure. However, no internet transmission or electronic storage system is fully secure, and you acknowledge that you provide Customer Data at your own risk.

20.6 Data Processing Addendum (DPA)

For customers subject to the CCPA/CPRA, GDPR, or other comprehensive privacy legislation, our standard Data Processing Addendum (DPA) is incorporated by reference into these Terms. The DPA governs the specifics of how iComplyADA acts as a data processor/service provider and outlines our respective obligations regarding the protection of Personal Information. Please contact us if you require an executed copy of the DPA for your compliance records.