Terms of Service

1. Parties, definitions and acceptance

1.1 The Service is provided by Hasan Tayem, a sole trader established in Italy, trading as "Accessibility Pro" (the "Provider", "we", "us"). Notices under these terms may be sent to support@accessibilitypro.app

1.2 In these terms: "Service" means the website at accessibilitypro.app, the accessibility scanning service accessible through it, the associated application programming interface and the Accessibility Pro GitHub Action; "Customer", "you" means the person or entity entering into these terms; "Target Site" means a website you submit to be scanned; "Report" means the output generated by a scan; "Plan" means the subscription tier you hold; and "Consumer" means a natural person acting for purposes outside their trade, business, craft or profession.

1.3 By creating an account or otherwise using the Service you accept these terms. If you do not accept them, you must not use the Service.

1.4 Where you enter into these terms on behalf of an entity, you warrant that you are authorised to bind that entity, and "you" refers to that entity.

2. Accounts

2.1 You must provide accurate registration details and keep them current. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.

2.2 If you become aware of any unauthorised use of your account, you must notify us without undue delay at support@accessibilitypro.app

3. Licence and reservation of rights

3.1 Subject to your compliance with these terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for the duration of your subscription, for your own internal business purposes.

3.2 All right, title and interest in the Service, including the scanning engines, the rule and filtering logic, the software and the form and presentation of Reports, remains with the Provider. Nothing in these terms transfers any such right to you.

3.3 You retain all right, title and interest in the Target Sites and their content. As between you and us, the factual findings contained in a Report about your own Target Site are yours to use without restriction.

3.4 You must not copy, modify, decompile or reverse engineer any part of the Service, except to the extent such restriction is prohibited by applicable law, nor access it in order to build a competing product.

4. Authorisation to scan

4.1 You warrant that, in respect of every Target Site you submit, you are its owner or you hold the permission of its owner to subject it to automated testing. This warranty is a condition of use of the Service.

4.2 Where you supply credentials for a login-gated scan, you warrant that those credentials are yours or that you are authorised to use them for that purpose.

4.3 The Service applies technical controls that refuse private and internal network addresses and decline to submit credentials over an unencrypted connection. Those controls are safeguards. They do not relieve you of the warranty in clause 4.1, and their operation is not a representation that a given scan is lawful or authorised.

4.4 A scan generates automated traffic to the Target Site. You are responsible for ensuring that such traffic is permitted by any agreement governing that site, including any hosting or acceptable-use policy applicable to it.

5. Acceptable use

5.1 You must not use the Service to attack, overload, disrupt or gain unauthorised access to any system; to test a website you are not entitled to test; to circumvent or attempt to circumvent any Plan limit or rate limit; to resell or otherwise make scanning capacity available to third parties; or to route the traffic of third parties through a single account.

5.2 The free tier of the GitHub Action is rate limited per repository.

5.3 We may suspend or terminate an account used in breach of this clause, with immediate effect where the breach is material or where continued access would expose a third party to harm.

6. Plans, fees and payment

6.1 Paid Plans are billed monthly in advance through Stripe and renew automatically for successive monthly periods until cancelled.

6.2 Each Plan carries a monthly allowance of interactive scans, a maximum number of pages per scan, and a separate monthly allowance of continuous-integration scans, as published on the pricing page. Unused allowances do not carry forward to a subsequent period.

6.3 Fees are stated in United States dollars and are exclusive of any value added tax or other tax or duty that may apply, which will be added where we are required to charge it.

6.4 You may cancel at any time from the billing portal on your account page. Cancellation takes effect at the end of the monthly period then in progress, and the Plan remains available to you until that date. Fees already paid for a period in progress are not refundable except as provided in clause 7 or as required by law.

6.5 We may change our fees on not less than thirty days' notice by email. A change never applies to a period already paid for. If you do not accept a change you may cancel under clause 6.4 before it takes effect.

6.6 If a payment fails we may suspend access to paid features until the amount due is settled.

7. Right of withdrawal (Consumers)

7.1 If you are a Consumer resident in the European Union you have the right to withdraw from this contract within fourteen days of concluding it, without giving any reason, in accordance with Directive 2011/83/EU as transposed by the Italian Consumer Code.

7.2 To exercise that right, inform us before the period expires by an unequivocal statement sent to support@accessibilitypro.app

7.3 Where you expressly request that we begin providing the Service during the withdrawal period and acknowledge that you will lose the right of withdrawal once the Service has been fully performed, you lose that right upon full performance. Where you withdraw after performance has begun but before it is complete, you must pay an amount proportionate to what has been supplied.

7.4 This clause applies only to Consumers. It does not apply where you contract in the course of a trade, business, craft or profession.

8. Availability and changes to the Service

8.1 We do not commit to any particular level of availability and do not offer a service level agreement. The Service may be unavailable during maintenance, deployment, or as a result of failures affecting the third-party infrastructure on which it depends.

8.2 We may modify, add to or discontinue features of the Service. Where a change materially reduces the functionality of a paid Plan we will give account holders notice by email, and you may cancel under clause 6.4.

8.3 Neither party is liable for failure to perform caused by an event beyond its reasonable control.

9. Nature and limits of a Report

9.1 A Report is the output of automated testing engines together with a live re-verification of findings against the rendered page. Automated testing of this kind reliably evaluates approximately 30 to 40 per cent of the success criteria of WCAG 2.2. The remainder require human judgement and are not evaluated by the Service.

9.2 A Report is not a statement that a Target Site is accessible, nor that it conforms to WCAG, nor that it complies with the Americans with Disabilities Act, the European Accessibility Act, Directive (EU) 2016/2102, or any other law or standard. A Report does not constitute legal advice and must not be relied upon as such. You should obtain independent professional advice before making any representation about the accessibility or legal compliance of a website.

9.3 Success criteria that no engine evaluated are presented as not tested. They are never presented as passed. The absence of a finding is not evidence of conformity.

9.4 Proposed code changes are suggestions. A proposal is re-scanned in an isolated environment before it is labelled as verified, and that label describes only the outcome of that re-scan. You remain responsible for reviewing, testing and deciding whether to deploy any change, and for the consequences of doing so.

9.5 Reports are generated from a Target Site as it existed at the time of the scan. They may be affected by the site's own behaviour, including content delivery controls, bot mitigation and dynamic rendering.

10. Warranties and disclaimer

10.1 We warrant that we will provide the Service with reasonable skill and care.

10.2 Save as expressly stated in these terms, and to the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis, and all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, are excluded. In particular we do not warrant that the Service will be uninterrupted or error free, that every accessibility defect present on a Target Site will be detected, or that every finding reported is correct.

10.3 Nothing in this clause affects the statutory rights of a Consumer, which are not excluded or limited by these terms.

11. Limitation of liability

11.1 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for any other liability that cannot lawfully be excluded or limited. Any exclusion or limitation of liability for wilful misconduct or gross negligence is void under Article 1229 of the Italian Civil Code.

11.2 Subject to clause 11.1, we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, loss or corruption of data, or for any indirect or consequential loss, howsoever arising.

11.3 Subject to clause 11.1, our total aggregate liability arising out of or in connection with these terms and the Service, whether in contract, tort including negligence, or otherwise, is limited to the total amount paid by you to us in the three months immediately preceding the event giving rise to the claim.

11.4 Subject to clause 11.1, we are not liable for any decision taken, representation made, or code deployed by you in reliance on a Report, having regard to the limits stated in clause 9.

11.5 Where you are a Consumer, the limitations in this clause apply only to the extent permitted by the mandatory consumer protection law applicable to you.

12. Indemnity

12.1 You will indemnify us against any claim, liability, loss and reasonable cost arising out of a breach by you of clause 4 (authorisation to scan) or clause 5 (acceptable use), including any claim brought by the operator of a Target Site.

12.2 This clause does not apply where you are a Consumer.

13. Personal data

13.1 The personal data we process, the purposes and legal bases for that processing, the processors we engage and the rights available to you are set out in the Privacy Policy, which forms part of these terms.

13.2 Where a scan causes us to process personal data contained in a Target Site, you are the controller and we are your processor. Clause 12 of the Privacy Policy sets out the terms on which we do so and constitutes the agreement required by Article 28(3) GDPR.

14. Term, suspension and termination

14.1 These terms apply from the creation of your account until it is closed.

14.2 You may close your account at any time. We may terminate on thirty days' notice by email, or immediately in the circumstances described in clause 5.3, in which case we will refund the unused portion of any fee paid for the period in progress unless the termination results from your breach.

14.3 On termination your licence under clause 3.1 ends. Clauses 3.2, 9, 10.2, 11, 12 and 16 survive termination.

15. Changes to these terms

15.1 We may amend these terms. Where an amendment materially affects your rights or obligations, account holders will be notified by email before it takes effect, and continued use of the Service after that date constitutes acceptance. If you do not accept the amendment you may cancel under clause 6.4.

16. Governing law and jurisdiction

16.1 These terms and any non-contractual obligation arising out of them are governed by Italian law.

16.2 The courts of Italy have exclusive jurisdiction over any dispute arising out of or in connection with these terms.

16.3 Where you are a Consumer, clauses 16.1 and 16.2 do not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence, and you may bring proceedings in the courts of that country. The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.

17. General

17.1 If any provision is held invalid or unenforceable, the remainder continues in force and the provision concerned applies to the maximum extent permitted.

17.2 A failure or delay in exercising a right is not a waiver of it.

17.3 You may not assign or transfer your rights under these terms without our prior written consent. We may assign our rights on notice to you, including in connection with a transfer of the business.

17.4 These terms, together with the Privacy Policy and the plan details published on the pricing page, constitute the entire agreement between the parties in respect of the Service.

17.5 There are no third-party beneficiaries to these terms.

17.6 Notices to you are sent to the email address registered on your account. Notices to us must be sent to support@accessibilitypro.app