Terms of Service

Last updated: September 24, 2024

Important: These Terms of Service govern your use of Auditable, a web accessibility scanning service operated by Appable, LLC. By using our service, you agree to these terms.

1. Agreement to Terms

These Terms of Service (“Terms”) form a legal agreement between you (“Customer,” “you,” or “your”) and Appable, LLC (“Company,” “we,” “us,” or “our”) regarding your use of the Auditable web accessibility scanning platform and related services (the “Service”).

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Description of Service

Auditable is a Software-as-a-Service (SaaS) platform that provides automated web accessibility scanning and compliance reporting services. Our Service:

  • Scans websites for accessibility violations using the axe-core accessibility testing engine
  • Provides detailed reports on WCAG 2.1 Level A and AA compliance issues
  • Offers remediation guidance and actionable recommendations
  • Generates professional compliance reports suitable for business documentation
  • Maintains historical scan data for compliance tracking purposes

3. User Accounts and Registration

To use our Service, you must create an account through our third-party authentication provider (Clerk). You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Scan websites without proper authorization or that you do not own or have permission to test
  • Use the Service to scan websites containing illegal, harmful, or malicious content
  • Attempt to circumvent usage limits, rate limiting, or other restrictions
  • Reverse engineer, decompile, or attempt to extract source code from our Service
  • Use the Service to compete with or harm our business interests
  • Share, resell, or redistribute scan results without proper attribution
  • Violate any applicable laws or regulations in your use of the Service

5. Service Limitations and Disclaimers

While we strive to provide accurate and comprehensive accessibility scanning, you acknowledge and agree that:

  • Automated scanning cannot detect all accessibility issues and should be supplemented with manual testing
  • Our reports are informational and do not constitute legal advice regarding compliance obligations
  • Website accessibility is an ongoing process requiring continuous monitoring and improvement
  • The Service may have occasional downtime for maintenance or technical issues
  • We do not guarantee that use of our Service will ensure complete legal compliance
  • Results may vary based on website complexity, technology stack, and content changes

6. Payment Terms and Billing

Payment processing is handled through Stripe, our third-party payment processor. By subscribing to a paid plan:

  • You authorize recurring charges to your payment method for your selected subscription tier
  • Billing cycles are monthly or annual as selected during subscription
  • All fees are non-refundable except as expressly provided in these Terms
  • We may modify pricing with 30 days advance notice to existing customers
  • Failure to pay may result in service suspension or account termination
  • You are responsible for all applicable taxes on your subscription

7. Data Ownership and Usage Rights

Your Data: You retain ownership of all website data, URLs, and content you provide to the Service. We process this data solely to provide scanning services.

Scan Results: You own the scan results generated for your websites. We grant you a perpetual, non-exclusive license to use, modify, and distribute these results.

Service Data: We reserve the right to collect and analyze aggregated, anonymized usage statistics to improve our Service, provided such data cannot be used to identify you or your websites.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We comply with applicable data protection laws, including GDPR for European users, and implement appropriate technical and organizational measures to protect your data.

9. Intellectual Property Rights

Our Rights: The Service, including all software, technology, designs, and methodologies, is owned by Appable, LLC and protected by intellectual property laws.

Third-Party Technology: Our Service incorporates open-source and third-party technologies, including the axe-core accessibility testing engine developed by Deque Systems, used under the Mozilla Public License 2.0. For complete attribution and license information, please see our Open Source Acknowledgments page.

License to Use: We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPABLE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or business opportunities
  • Legal claims or regulatory actions related to accessibility compliance
  • Costs of procuring substitute services
  • Service interruptions or technical failures

Our total liability for all claims related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Appable, LLC from and against any claims, liabilities, damages, or expenses arising from:

  • Your use of the Service in violation of these Terms
  • Your scanning of websites without proper authorization
  • Any content or data you provide to the Service
  • Your violation of any applicable laws or regulations

12. Term and Termination

These Terms remain in effect while you use the Service. Either party may terminate this agreement at any time:

  • By You: You may cancel your subscription at any time through your account settings
  • By Us: We may terminate or suspend your access for violation of these Terms or for any reason with 30 days notice
  • Effect of Termination: Upon termination, your access to the Service will cease, and we may delete your data after a reasonable retention period

13. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by:

  • Posting updated Terms on our website with a revised “Last updated” date
  • Sending email notice to your registered email address
  • Displaying a notice in the Service interface

Your continued use of the Service after notice of changes constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Appable, LLC regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights without restriction.

Waiver: No waiver of any term or condition shall be deemed a continuing waiver of such term or any other term.

16. Contact Information

For questions about these Terms of Service, please contact us:

Appable, LLC
Operating Auditable
Email: legal@auditable.dev
Website: https://auditable.dev

By using Auditable, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. These Terms are effective as of the “Last updated” date shown above.