Welcome to ADAcertify. This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“Customer,” “you,” or “your”) and ADAcertify Inc. (“ADAcertify,” “we,” “us,” or “our”). This Agreement governs your access to and use of the ADAcertify website, platform, software, widgets, tools, and associated services (collectively, the “Services”).

BY ACCESSING OR USING OUR SERVICES, INCLUDING BY CLICKING “I AGREE,” YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1. Eligibility

To access or use the Services, you must be at least 18 years of age and legally competent to enter into a binding contract. If you are entering into this Agreement on behalf of an organization, you represent that you have the legal authority to bind that entity to this Agreement.

2. License Grant

Subject to your ongoing compliance with this Agreement, ADAcertify grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use our software on a single website per license, unless otherwise stated in writing.

You may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code.
• Resell, distribute, or commercially exploit the Services without our prior written consent.
• Use the Services in any manner not expressly permitted by this Agreement.

ADAcertify retains all rights, title, and interest in and to the Services, including all intellectual property rights.

3. Service Usage and Restrictions

You agree not to:

• Use the Services for any unlawful, fraudulent, or harmful purpose.
• Upload, transmit, or distribute viruses, worms, or other malicious software.
• Misrepresent the Services as human-generated content where AI-generated output is involved.
• Circumvent, disable, or interfere with security-related features.

We reserve the right to suspend or terminate your account at any time, with or without notice, for violating these terms.

4. Accessibility Tools and Limitations

ADAcertify provides automated and manual tools to assist with digital accessibility compliance, including:

• Accessibility widgets (free and AI-powered)
• Scanning and audit reports
• Remediation recommendations

These tools are intended to support, not guarantee, compliance with WCAG 2.1, ADA Title III, Section 508, and other relevant laws. You are solely responsible for implementing recommended fixes and achieving legal compliance.

5. Support Services

Support is offered via email, chat, and live sessions during regular business hours. Response times and availability may vary depending on your subscription level. Additional services may be subject to separate agreements and fees.

6. Privacy and Data Security

Your use of the Services is governed by our Privacy Policy. We process limited personal data of account holders only, and we do not collect or process personally identifiable information of website end-users.

You agree not to upload, share, or transmit sensitive information (e.g., health data, SSNs, financial records) via our tools.

7. Payment Terms

All fees are in U.S. Dollars unless otherwise stated. Subscriptions auto-renew unless canceled in writing at least 60 days prior to renewal.

By subscribing, you:

• Authorize ADAcertify to process charges via your payment method
• Agree that all payments are non-refundable after 14 days unless otherwise specified
• Acknowledge that unpaid invoices may result in service suspension

8. Intellectual Property Rights

All materials, software, trademarks, logos, and content provided by ADAcertify remain the exclusive property of ADAcertify or its licensors.

User feedback, suggestions, or contributions may be used by ADAcertify without compensation or acknowledgment.

9. Partner, Reseller, and Affiliate Use

If you are a reseller or partner:

• You must have lawful consent to use customer data
• You are responsible for ensuring compliance with applicable data protection and accessibility laws
• You may be required to produce documentation of such consent upon request

10. Third-Party Services

The Services may contain links or integrations with third-party services. ADAcertify disclaims any liability for such third parties. Your use of those services is governed by their respective terms and privacy policies.

11. Termination

We may terminate or suspend your access to the Services at any time for any reason, including breach of this Agreement. You may terminate your account by contacting support. Termination does not waive any outstanding payment obligations.

12. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE.” ADAcertify expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee legal compliance or uninterrupted access to our Services.

13. Limitation of Liability

To the maximum extent permitted by law, ADAcertify shall not be liable for any indirect, incidental, special, or consequential damages. Total liability under this Agreement shall not exceed the amount paid by you to ADAcertify in the six (6) months prior to the claim.

14. Dispute Resolution

Any disputes shall be resolved exclusively through binding arbitration in the State of Delaware under the rules of the American Arbitration Association. The parties waive any right to class actions or jury trials.

15. Amendments

We reserve the right to modify or update this Agreement at any time. We will notify you of material changes, and continued use of the Services constitutes your acceptance of those changes.

16. Contact Us

For legal or compliance inquiries, contact us at: Email: support@adacertify.com
Mailing Address: 3568 Dodge St., Omaha, Nebraska 68131, USA

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Service