Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Inclusivy ("Company", "we", "us", or "our") governing your access to and use of the Inclusivy website accessibility assessment service ("Service").

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

If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to "you" shall include that organisation.

Inclusivy provides automated website accessibility assessment services. The Service analyses publicly accessible web pages against Web Content Accessibility Guidelines (WCAG) 2.1 Level AA success criteria and generates reports identifying potential accessibility issues with remediation guidance.

2.1 Service Scope

The Service includes:

• Automated assessment of submitted URLs against WCAG 2.1 Level AA criteria
• Generation of accessibility assessment reports
• Quantified compliance scoring
• Remediation guidance for identified issues
• Unlimited verification rescans of previously assessed URLs for 1 year from the date of purchase

2.2 Service Limitations

You acknowledge and agree that:

• The Service provides automated assessment and cannot identify all accessibility issues that may be detectable through manual testing
• The Service assesses individual URLs, not entire websites
• Results are based on the state of the URL at the time of assessment and may not reflect subsequent changes
• The Service does not constitute legal advice and does not guarantee compliance with any law, regulation, or standard
• Assessment is limited to publicly accessible content; password-protected or login-required pages cannot be assessed

3.1 Acceptable Use

You agree to:

• Provide accurate and complete information when using the Service
• Use the Service only for lawful purposes in compliance with all applicable laws and regulations
• Only submit URLs for websites you own, operate, or have explicit authorisation to assess
• Maintain the confidentiality of any credentials or access mechanisms associated with your use of the Service

3.2 Prohibited Conduct

You agree not to:

• Use the Service to scan websites without proper authorisation
• Attempt to circumvent, disable, or interfere with security features of the Service
• Use automated scripts or bots to access the Service except through our authorised API (if applicable)
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service in any manner that could damage, disable, or impair the Service
• Transmit any malware, viruses, or other harmful code
• Resell, redistribute, or commercially exploit the Service without our written consent

3.3 Compliance Responsibility and Legal Disclaimer

You acknowledge and expressly agree that:

• You bear sole responsibility for ensuring your website complies with all applicable accessibility laws and regulations, including but not limited to the European Accessibility Act (EAA), the Web Accessibility Directive (WAD), Section 508 of the US Rehabilitation Act, and any other national or international accessibility requirements
• Our assessment reports do not constitute legal evidence of compliance with any law, regulation, directive, or standard, including WCAG 2.1 or the European Accessibility Act
• A passing score or "compliant" indication in our reports does not guarantee that your website meets the legal requirements of the EAA or any other accessibility legislation
• Automated testing can only detect a subset of accessibility issues; full compliance assessment requires manual expert review and user testing with people with disabilities
• You may not rely on our reports as a legal defence or as proof of compliance in any legal, regulatory, or administrative proceeding
• Inclusivy accepts no liability whatsoever if you or any third party relies on our reports to conclude compliance and subsequently faces legal claims, regulatory action, fines, or damages relating to accessibility non-compliance

The Service is provided as a tool to assist in identifying potential accessibility issues but does not replace professional accessibility auditing, manual expert review, or legal advice. We strongly recommend consulting qualified accessibility specialists and legal professionals before making compliance claims.

3.4 API Usage Terms

If we provide access to an Application Programming Interface (API) for the Service, the following additional terms apply:

• Authentication: You must use valid API credentials for all API requests. API keys are confidential and must not be shared, published, or embedded in client-side code
• Rate Limits: API access is subject to rate limits as specified in our API documentation. Exceeding rate limits may result in temporary or permanent suspension of API access
• Fair Use: API access must be used for legitimate purposes consistent with these Terms. Automated mass-scanning, competitive analysis of our service, or any use that degrades service performance for other users is prohibited
• Attribution: When displaying or redistributing data obtained via the API, you must include appropriate attribution to Inclusivy unless otherwise agreed in writing
• Changes: We may modify, deprecate, or discontinue API endpoints or functionality with reasonable notice. We will endeavour to maintain backward compatibility where practical but do not guarantee it
• Separate Agreement: Commercial or high-volume API usage may require a separate API agreement with additional terms and pricing

Violation of API usage terms may result in immediate termination of API access without refund.

4.1 Pricing

The Service is provided on a per-URL basis at the price displayed on the website at the time of purchase. All prices are stated in Euros (EUR) and include applicable value-added tax (VAT) where required by law. Current pricing is available on our pricing page.

We reserve the right to modify our pricing at any time. Price changes will not affect purchases already completed. The price applicable to your purchase is the price displayed at the moment of initiating payment.

4.2 Payment Processing

Payments are processed securely through our third-party payment processor, Lemon Squeezy (Lemon Squeezy, LLC). By making a payment, you also agree to comply with Lemon Squeezy's applicable terms of service. We do not store payment card details on our systems.

4.3 Service Delivery

Upon successful payment confirmation, the Service will automatically initiate assessment of the submitted URL. Reports are typically delivered within minutes of assessment completion. A confirmation email containing a secure link to access your report will be sent to the email address provided.

4.4 Rescans

Each purchase includes unlimited verification rescans of the same URL for 1 year from the date of purchase at no additional charge. Rescans must be requested using the same email address used for the original purchase.

5.1 Digital Service Delivery

Due to the immediate delivery nature of our digital assessment service, the statutory right of withdrawal under EU consumer protection law (Directive 2011/83/EU) does not apply once the Service has been performed and the assessment report has been delivered. By initiating payment, you expressly consent to immediate performance of the Service and acknowledge that you lose your right of withdrawal once the report has been delivered.

5.2 Exceptions

We may, at our sole discretion, provide refunds in the following circumstances:

• Technical failure preventing report generation or delivery
• Duplicate charges for the same URL and email combination
• Service unavailability preventing assessment completion

5.3 Refund Procedure

To request a refund, contact support@inclusivy.com within 14 days of purchase, providing your transaction reference and reason for the request. Approved refunds will be processed to the original payment method within 14 business days.

6.1 Our Intellectual Property

The Service, including its underlying technology, software, algorithms, user interface, design, documentation, and all related intellectual property rights, are and shall remain the exclusive property of Inclusivy or its licensors. Nothing in these Terms grants you any right, title, or interest in such intellectual property except for the limited licence to use the Service as expressly provided herein.

6.2 Report Licence

Upon payment, you are granted a non-exclusive, non-transferable licence to use, copy, and share the assessment reports generated for the URLs you have purchased for your internal business purposes. This includes sharing reports with third parties such as developers, contractors, or clients as reasonably necessary for remediation purposes.

6.3 Restrictions

You may not:

• Modify, adapt, or create derivative works based on the Service
• Remove, alter, or obscure any proprietary notices on the Service or reports
• Use our trademarks, service marks, or logos without our prior written consent

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Assessment results will be complete, accurate, or comprehensive
• Implementing remediation recommendations will achieve compliance with any law, regulation, or standard
• Any defects in the Service will be corrected

7.1 No Service Level Agreement

THE SERVICE IS PROVIDED WITHOUT ANY SERVICE LEVEL AGREEMENT (SLA). SPECIFICALLY, WE DO NOT GUARANTEE:

• Any minimum uptime percentage or availability level
• Specific response times for assessments or report generation
• Uninterrupted access to the Service or previously generated reports
• Any particular performance standards or metrics

The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance but are not obligated to do so. You acknowledge that occasional service interruptions are inherent to online services and agree not to hold Inclusivy liable for any damages resulting from service unavailability.

8.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INCLUSIVY, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Inclusivy and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your failure to comply with applicable laws or regulations
• Content or URLs you submit to the Service

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR").

10.1 Data We Collect

When you use the Service, we collect and process:

• URL Data: The URLs you submit for assessment
• Assessment Results: The accessibility scan results, including identified issues, scores, and recommendations
• Contact Information: Your email address for report delivery and communication
• Transaction Data: Payment information processed through Lemon Squeezy (we do not store payment card details)
• Technical Data: IP address, browser type, and usage data for security and analytics purposes

10.2 Data Retention

We retain your data for the following periods:

• Assessment Reports: Stored for a minimum of 2 years from the date of the original scan to enable rescan functionality and historical comparison
• URL Data: Retained for as long as the assessment report exists
• Transaction Records: Retained for 7 years as required by Dutch tax and accounting regulations
• Technical Logs: Retained for up to 12 months for security and troubleshooting purposes

You may request deletion of your data at any time by contacting us, subject to our legal retention obligations.

10.3 Data Sharing

We do not sell your data. We may share data with:

• Payment Processor: Lemon Squeezy, LLC for payment processing
• Infrastructure Providers: Cloud hosting and email delivery services necessary to operate the Service
• Legal Requirements: When required by law, court order, or regulatory authority

We do not share your URL data, assessment results, or reports with third parties for their own purposes. Your reports are accessible only via the unique secure link provided to you.

10.4 Your Rights

Under GDPR, you have the right to access, rectify, erase, restrict processing, data portability, and object to processing of your personal data. For detailed information about your rights and how to exercise them, please refer to our Privacy Policy.

11.1 Term

These Terms commence upon your first access to or use of the Service and continue until terminated as provided herein.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately and without prior notice if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to the security or integrity of the Service.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. However, you retain access to reports generated prior to termination. Sections 6, 7, 8, 9, 10, 12, and 13 survive termination.

We reserve the right to modify these Terms at any time. Material changes will be notified by posting a notice on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

For material adverse changes affecting existing paid services, we will provide at least 30 days' notice before such changes take effect.

13.1 Governing Law

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

13.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.

13.3 Consumer Rights

If you are a consumer (a natural person acting for purposes outside your trade, business, craft, or profession), you may also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your statutory consumer rights.

13.4 Alternative Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers, accessible at https://ec.europa.eu/consumers/odr. We are not obliged and do not commit to participate in dispute resolution procedures before a consumer arbitration body.

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Inclusivy regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

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

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, internet service failures, or third-party service disruptions.

For questions, concerns, or notices regarding these Terms, please contact us:

In accordance with Dutch law (Article 3:15d of the Dutch Civil Code) and EU e-commerce regulations (Directive 2000/31/EC), we provide this information to enable you to contact us quickly and communicate directly with us.