Terms of Service

1. Acceptance of Terms

By accessing or using ClearAccess ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

ClearAccess is operated by ClearAccess ("we", "us", or "our"). These Terms apply to all users of the Service, including free and paid subscribers.

2. Description of Service

ClearAccess provides automated website accessibility scanning services to help identify WCAG 2.1 and ADA compliance issues. Our Service includes:

• Automated accessibility scanning using axe-core
• Accessibility reports and scoring
• Automated fix suggestions for common violations
• Report export functionality (PDF, CSV, HTML, JSON)
• Scan history tracking
• User dashboard and settings management

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. User Accounts

3.1 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activity under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or misuse the Service.

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Scan websites you do not own or have permission to scan
• Conduct malicious security testing or attempt to breach security measures
• Overload our systems through excessive requests or automated abuse
• Reverse engineer, decompile, or disassemble the Service
• Resell, redistribute, or sublicense access to the Service
• Use the Service for any illegal purposes
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit viruses, malware, or harmful code

5. Subscription Plans and Billing

5.1 Free Plan

Our Free plan provides limited scanning capabilities at no cost. We reserve the right to modify Free plan limits at any time.

5.2 Paid Plans

Paid subscriptions are billed monthly or annually as selected. By subscribing, you agree to:

• Provide accurate payment information
• Pay all fees associated with your subscription
• Automatic renewal unless cancelled before the renewal date
• Applicable taxes in addition to subscription fees

5.3 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused services, except as required by law.

5.4 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Price changes will apply to subsequent billing cycles.

6. Intellectual Property

6.1 Our Rights

All content, features, and functionality of the Service (including but not limited to software, text, graphics, logos, and images) are owned by ClearAccess and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Rights

You retain all rights to websites you scan. We do not claim ownership of your content. However, by using the Service, you grant us a limited license to:

• Access and analyze websites you scan
• Store scan results associated with your account
• Use anonymized, aggregated data for Service improvement

7. Disclaimers and Limitations

7.1 No Legal Advice

ClearAccess provides technical analysis tools only. Our Service does not constitute legal advice. Scan results should not be considered a guarantee of legal compliance. Consult with qualified legal counsel regarding ADA, WCAG, or other accessibility compliance requirements.

7.2 Service Accuracy

While we strive for accuracy, automated accessibility testing has limitations. Our Service may:

• Not detect all accessibility issues (automated testing typically finds 30-40% of issues)
• Produce false positives or false negatives
• Miss issues requiring manual testing or human judgment
• Vary in results based on website state at scan time

7.3 Service Availability

We strive for high availability but do not guarantee uninterrupted access. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

7.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARACCESS 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 bugs, viruses, or other harmful code
• Any content or conduct of third parties

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.

8. Indemnification

You agree to indemnify, defend, and hold harmless ClearAccess and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your misuse of the Service
• Your violation of any applicable laws or regulations

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Third-Party Services

Our Service uses third-party technologies including:

• axe-core (accessibility testing engine by Deque Systems)
• Playwright (browser automation framework)
• Stripe (payment processing)

Your use of these third-party services is subject to their respective terms of service and privacy policies.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution Process

In the event of any dispute, you agree to first contact us at support@clearaccesses.com to attempt to resolve the matter informally.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via:

• Email notification to registered users
• Prominent notice on our website
• Update to the "Last Updated" date above

Continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ClearAccess.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights without restriction.

14. Contact Information

If you have questions about these Terms, please contact us: