Terms of Service

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and A11y Labs, Inc., a Delaware corporation ("Inclusivio", "we", "us"). They govern your access to and use of the Inclusivio website, web application, API, MCP server, Chrome extension, Shopify app, and related services (together, the "Service").

If you use the Service on behalf of an organization, you agree to these Terms for that organization and confirm you have authority to bind it. In that case, "you" means the organization. If you do not agree, do not use the Service.

If you and Inclusivio sign a separate order form or master services agreement, that agreement controls where it conflicts with these Terms.

2. The Service

Inclusivio scans web pages you submit for accessibility issues using automated rules based on the Web Content Accessibility Guidelines (WCAG) 2.2, groups and prioritizes the results, and can suggest code fixes generated by AI models. Features differ by plan and may change over time.

Automated testing finds only a portion of accessibility barriers. Inclusivio does not certify that any website is accessible or compliant with any law, including the ADA, Section 508, the European Accessibility Act, or EN 301 549. See our AI and Automated Testing Disclaimer for details.

3. Accounts

You must provide accurate account information and keep your login credentials secure. You are responsible for activity under your account and your organization's accounts. Tell us promptly at contact@thea11ylabs.com if you suspect unauthorized access.

You must be at least 18 years old, or the age of majority where you live, to create an account. The Service is not directed to children.

Guest scans can be run without an account. Guest results are kept in your browser and are not linked to an account.

4. Your content and the sites you scan

"Customer Content" means the URLs you submit, the page content, HTML, and screenshots we capture while scanning them, the scan results, and anything else you upload or create in the Service. You keep all rights in Customer Content.

You grant us a worldwide, non-exclusive license to host, copy, process, and display Customer Content only as needed to provide, secure, and support the Service and as described in our Privacy Policy and Data Processing Addendum.

You may only scan websites that you own or are authorized to test. You are responsible for having the rights and permissions needed for us to fetch and analyze those pages, including any credentials you provide.

5. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms.

6. Plans, billing, and cancellation

Paid plans are billed in advance on a recurring monthly basis through our payment processor, Stripe, until cancelled. Each plan includes monthly page and AI credit limits; unused allowances do not roll over. Prices are shown on our pricing page and exclude applicable taxes, which you are responsible for.

You authorize us to charge your payment method for each billing period. If a payment fails, we may suspend paid features until it is resolved. We may change prices with at least 30 days' notice; changes take effect at your next renewal.

You can cancel at any time. Cancellation takes effect at the end of the current billing period. Our Refund and Cancellation Policy explains refunds.

7. Our intellectual property

We and our licensors own the Service, including its software, design, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. We reserve all rights not expressly granted.

If you send us feedback, we may use it without restriction or obligation to you.

8. Third-party services

The Service works with third-party services such as Shopify, Google Chrome, Stripe, and AI model providers. Your use of those services is governed by their own terms, and we are not responsible for them.

9. Suspension and termination

We may suspend or terminate your access if you breach these Terms, if your use creates a security or legal risk, or if required by law. Where reasonable, we will give you notice first.

You may stop using the Service at any time. After termination, you may request an export of your Customer Content within 30 days; after that we may delete it in line with our retention practices.

Sections that by their nature should survive termination will survive, including sections 4, 7, and 10 through 14.

10. Disclaimers

THE SERVICE, INCLUDING SCAN RESULTS AND AI-GENERATED FIXES, IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL DETECT ALL ACCESSIBILITY ISSUES, OR THAT USING IT WILL MAKE ANY WEBSITE ACCESSIBLE OR LEGALLY COMPLIANT.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US $100).

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

12. Indemnity

You will defend and indemnify Inclusivio against third-party claims arising from your Customer Content, websites you scan without authorization, or your breach of these Terms or the Acceptable Use Policy.

13. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to that venue. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

14. General

We may update these Terms. If a change is material, we will notify you by email or in the Service at least 30 days before it takes effect. Continuing to use the Service after that means you accept the updated Terms.

You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. These Terms, with the policies they reference, are the entire agreement between us about the Service.

Questions about these Terms: contact@thea11ylabs.com.