1. Agreement to Terms
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and A11yCore, LLC, a South Carolina limited liability company ("A11yCore," "Company," "we," "us," or "our"), governing your access to and use of our websites, software, products, and services (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization and its affiliates to these Terms, and that you agree to these Terms on behalf of that organization.
2. Eligibility
You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater, and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
You may not use the Services if you are: (a) barred from receiving services under the laws of the United States or other applicable jurisdiction; (b) located in, a resident of, or ordinarily resident in a country or territory subject to comprehensive U.S. economic sanctions; or (c) on any U.S. government restricted party list.
3. Accounts & Security
To access certain features of the Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration;
- Maintain and promptly update your account information;
- Maintain the confidentiality of your account credentials and not share them with third parties;
- Accept responsibility for all activities that occur under your account;
- Notify us immediately atsecurity@a11ycore.orgupon becoming aware of any unauthorized use or security breach.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect such inaccuracy.
4. Subscriptions & Billing
Subscription Terms.Paid plans are offered on a subscription basis and automatically renew at the end of each billing cycle (monthly or annual) unless cancelled prior to the renewal date in accordance with the cancellation procedures described in your account settings.
Payment Processing.All payment processing is handled by Stripe, Inc. By subscribing to a paid plan, you agree to Stripe's terms of service available athttps://stripe.com/legal. We do not store your full credit card information.
Payment.By subscribing to a paid plan, you authorize us to charge your designated payment method for all applicable fees. Fees are due in advance and are non-refundable except as expressly set forth herein or as required by applicable law.
Taxes.You are responsible for all applicable taxes, and we will charge tax where required by law. If you are exempt from applicable taxes, you must provide us with a valid exemption certificate.
Price Changes.We may change our prices at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following notice of the change.
Non-Payment.We may suspend or terminate access to the Services for unpaid fees after providing at least fifteen (15) days' prior written notice.
5. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights;
- Engage in any unlawful, harmful, fraudulent, or deceptive activity;
- Transmit malware, viruses, or any code of a destructive nature;
- Interfere with or disrupt the integrity, security, or performance of the Services;
- Attempt to gain unauthorized access to the Services or related systems;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent expressly permitted by applicable law;
- Sublicense, resell, or redistribute the Services without our prior written consent;
- Misrepresent your identity or affiliation with any person or entity.
6. Intellectual Property
The Services, including all software, documentation, content, trademarks, logos, and other materials, are owned by A11yCore or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and foreign countries.
Subject to your compliance with these Terms, A11yCore grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. Except for the rights expressly granted herein, A11yCore and its licensors retain all right, title, and interest in and to the Services.
7. Compliance & Export
You are solely responsible for compliance with all applicable laws, including without limitation data protection laws, anti-corruption laws, and export control regulations. You represent and warrant that you will not use the Services in violation of any U.S. export embargo, prohibition, or restriction.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A11YCORE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
A11YCORE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. A11YCORE DOES NOT GUARANTEE THAT THE SERVICES WILL ENSURE COMPLIANCE WITH ANY ACCESSIBILITY STANDARDS, LAWS, OR REGULATIONS, INCLUDING WITHOUT LIMITATION THE AMERICANS WITH DISABILITIES ACT (ADA), SECTION 508, OR WCAG.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A11YCORE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A11YCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL A11YCORE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO A11YCORE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You agree to defend, indemnify, and hold harmless A11yCore and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your negligence or willful misconduct.
11. Termination
By You.You may terminate your account at any time by following the cancellation procedures in your account settings or by contacting us atsupport@a11ycore.org.
By Us.We may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) we discontinue the Services; or (d) for any other reason in our sole discretion.
Effect of Termination.Upon termination, your right to access and use the Services shall immediately cease. Sections 6, 8, 9, 10, 12, 13, 14, 15, and 16 shall survive termination.
12. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
13. Binding Arbitration
Agreement to Arbitrate.YOU AND A11YCORE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
Arbitration Procedures.Arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Charleston County, South Carolina, unless the parties mutually agree otherwise. The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms is void or voidable.
Arbitrator's Decision.The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs.Each party shall bear its own costs and attorneys' fees in connection with the arbitration, except that the arbitrator may award costs and fees to the prevailing party where authorized by applicable law.
Small Claims Court.Notwithstanding the foregoing, either party may bring an individual action in small claims court in Charleston County, South Carolina, if the claim falls within that court's jurisdictional limits.
14. Class Action Waiver
YOU AND A11YCORE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 13 SHALL BE NULL AND VOID, AND ANY DISPUTES SHALL BE RESOLVED IN THE STATE OR FEDERAL COURTS LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and A11yCore with respect to the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and A11yCore regarding the Services.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and A11yCore's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17. Contact Information
If you have any questions about these Terms, please contact us:
- A11yCore, LLC
- Email:legal@a11ycore.org
- Physical Address: South Carolina, United States