Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and LiquidA11y LLC, a Delaware limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the LiquidA11y platform, website, and services (collectively, the "Service").

If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" includes both you individually and that entity.

You must be at least 16 years of age to use this Service. By using the Service, you represent that you meet this age requirement.

2. Description of Service

2.1 What LiquidA11y Does

LiquidA11y is an accessibility scanning and remediation platform that:

• Scans websites for accessibility issues using automated tools (axe-core, Playwright, AI vision analysis)
• Identifies issues against WCAG 2.1/2.2 guidelines and other accessibility standards
• Generates detailed PDF reports with code snippets and fix instructions
• Provides the Fix-Flow Studio for visual, AI-assisted theme remediation (Premium subscription only)
• Offers the Liability Shield service for ongoing compliance monitoring (Premium subscription only)
• Integrates with Shopify for direct theme patching capabilities

2.2 Our Commitment

We are committed to providing high-quality, effective accessibility scanning:

• Real fixes: Our approach modifies source code, not overlay widgets—the approach courts and settlement agreements require.
• Comprehensive scanning: Multi-layer detection combining axe-core, custom rules, and AI vision analysis.
• Proven methodology: Based on accessibility best practices and settlement patterns.

2.3 Scope and Limitations

Automated tools cannot detect or address all accessibility issues. Factors beyond automated detection include:

• Content quality, plain language, and clear writing
• Complex interactive components requiring manual testing
• User testing with people who have disabilities
• Ongoing maintenance as your site changes
• Third-party embedded content (videos, widgets, iframes from external sources)
• Custom JavaScript applications with dynamic content

We recommend complementing LiquidA11y with periodic manual audits, especially for businesses in high-risk industries or those seeking certification-level compliance.

3. Service Tiers and Pricing

3.1 Free LITE Scan

No account required. Single-page scan with limited results (top 3-5 issues). Provided for evaluation purposes only. May be subject to rate limiting.

3.2 One-Time Full Audit ($9)

A one-time purchase providing a comprehensive accessibility audit including:

• Full site crawl (up to 100 pages)
• Complete PDF report with all detected issues
• Code snippets and fix instructions
• Report access for 90 days

Does NOT include: Fix-Flow Studio access, Liability Shield, automated monitoring, or ongoing support beyond the initial report.

3.3 Premium Subscription ($50/month)

A recurring monthly subscription providing:

• Unlimited full site scans (reasonable use policy applies)
• Fix-Flow Studio access (for Shopify stores)
• Liability Shield with automated monitoring
• Color Theory Engine for accessible color schemes
• Priority support

3.4 Agency Upgrade (One-Time Fee)

Available to Premium subscribers. Includes white-label report generation and commercial license to resell reports to clients. Pricing determined at time of purchase.

3.5 Price Changes

We reserve the right to modify pricing at any time. For subscriptions, price changes will be effective at the start of your next billing cycle following 30 days' notice. You may cancel before the change takes effect.

4. Account Registration and Security

To access certain features, you must create an account. You agree to:

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

We reserve the right to suspend or terminate accounts with inaccurate information, suspected fraud, or violations of these Terms.

5. Payment Terms

5.1 Payment Processing

All payments are processed through Stripe, Inc. By providing payment information, you authorize us (via Stripe) to charge your payment method for amounts due. You represent that you have the legal right to use any payment method provided.

5.2 Subscription Billing

• Premium subscriptions are billed monthly on the anniversary of your subscription start date
• Your subscription will automatically renew unless cancelled
• You may cancel at any time; cancellation takes effect at the end of the current billing period
• No prorated refunds are provided for partial billing periods

5.3 Failed Payments

If payment fails, we will attempt to charge the payment method again. After multiple failed attempts, your subscription may be suspended or terminated. You remain responsible for any unpaid amounts.

5.4 Taxes

Prices may not include applicable taxes. You are responsible for all taxes, levies, or duties imposed by tax authorities in your jurisdiction. We will collect taxes where legally required.

6. Refund Policy

Please review our complete Refund Policy. Key points:

• One-Time Purchases: Generally non-refundable due to immediate delivery of digital goods
• Subscriptions: May be cancelled at any time; no refunds for partial months
• Exceptions: Technical failures preventing service delivery may be eligible for refund

7. Acceptable Use Policy

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Scan websites you do not own or have explicit authorization to scan
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems
• Reverse engineer, decompile, disassemble, or attempt to derive source code
• Circumvent, disable, or interfere with security features or usage limits
• Use the Service to develop a competing product or service
• Resell, sublicense, or commercially exploit the Service without authorization
• Use automated scripts, bots, or scrapers beyond normal API usage
• Transmit viruses, malware, or other harmful code
• Harass, abuse, or harm others through the Service
• Provide false information or impersonate others
• Use the Service in any manner that could damage, disable, or impair our systems

Violation of this policy may result in immediate suspension or termination of your account without refund.

8. Shopify Integration

If you connect your Shopify store to LiquidA11y, you grant us permission to:

• Access store information (name, domain, theme data) for scanning purposes
• Read and analyze theme files to identify accessibility issues
• Modify theme files when you apply fixes via Fix-Flow Studio (with your explicit approval)
• Create theme backups before modifications

You are responsible for:

• Ensuring you have proper authorization to modify the store/theme
• Reviewing changes before publishing to your live store
• Maintaining independent backups of your theme
• Compliance with Shopify's Terms of Service

9. AI-Powered Features

LiquidA11y uses artificial intelligence for scanning, fix generation, and customer support. You acknowledge and agree that:

• AI-generated outputs may contain errors, inaccuracies, or require human review
• AI-generated code fixes should be reviewed before deployment to production
• AI responses are not legal advice and should not be relied upon as such
• Scan data may be processed by third-party AI providers (subject to our Privacy Policy)
• We continuously improve AI features and outputs may vary over time

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and documentation, is owned by LiquidA11y LLC or its licensors and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service as permitted by these Terms.

10.2 Your Content

You retain ownership of your website content, scan data, and any materials you upload. By using the Service, you grant us a limited license to access, process, and analyze your content solely for the purpose of providing the Service.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation.

11. Disclaimer of Warranties

12. Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless LiquidA11y LLC and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit, post, or transmit through the Service
• Your violation of any applicable law or regulation

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using account settings. Cancellation of subscriptions takes effect at the end of the current billing period.

14.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or Acceptable Use Policy
• We reasonably believe your account is being used fraudulently
• Required by law or legal process

For other reasons, we will provide 30 days' notice before termination.

14.3 Effect of Termination

Upon termination: your right to use the Service ceases immediately; any data associated with your account may be deleted after a 30-day grace period; provisions that by their nature should survive (including disclaimers, limitation of liability, and indemnification) will remain in effect.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@liquida11y.com to attempt to resolve any dispute informally for at least 30 days.

15.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. Arbitration will be conducted in English, and the seat of arbitration shall be Wilmington, Delaware, unless you elect a location closer to your residence.

15.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. To the extent court proceedings are permitted, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new "Last Updated" date, and for significant changes, by email notification. Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Force Majeure: We are not liable for failure to perform due to causes beyond our reasonable control.
• Notices: We may provide notices via email, in-app notification, or posting on the website. You may contact us at legal@liquida11y.com.

19. Contact Information

For questions about these Terms:

• Email: legal@liquida11y.com
• Company: LiquidA11y LLC
• Address: [Business Address to be added]