Terms of Service

1. Acceptance of these terms

These Terms of Service (the "Terms") form a binding agreement between you ("you") and AdaChecked ("AdaChecked," "we," "us," or "our") and govern your access to and use of the AdaChecked application for Shopify, our website, our accessibility audit / remediation / monitoring services, and any deliverables we provide (collectively, the "Service"). By installing the App, using the website, signing an Order, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. The service

AdaChecked provides accessibility tooling and services, which may include automated scanning of a Shopify storefront against the Web Content Accessibility Guidelines (WCAG) 2.2; scores, verdicts, and issue reports; an accessibility-statement generator; scheduled monitoring; and website audits, prioritized recommendations, and remediation assistance.

The Shopify App is offered in tiers (Free, Monitor, and Pro) with different scan and feature limits, as described on our website and in Shopify.

The Web App (the self-serve accessibility scanner at app.adachecked.com) lets you create an account and scan public websites you own or are authorized to test. It is offered in tiers with different scan, site, and feature limits, as described on our website and in your account.

Direct services (e.g. audits, remediation, and multi-site monitoring) are provided in the scope and at the fees set out in the order form or written statement of work you agree to (an "Order").

We may change features, plans, and limits over time. If a plan description or an Order conflicts with these Terms, that document controls only as to the specific conflicting point.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service you represent that you meet these requirements and that your use does not violate any applicable law or agreement.

Paid Web App plans may not be available to purchase in every country or territory, including where sanctions or our payment provider's restrictions apply.

4. Accounts and access

The App: identity and access are managed through your Shopify installation; the App has no separate login. Direct services: we may issue you credentials or access to a client dashboard, and you are responsible for keeping them confidential and for all activity under your account.

The Web App: you create an account with an email address and a password and confirm control of that address. You are responsible for keeping your password confidential and for all activity under your account. One account is for one customer — do not share credentials. We may suspend an account we reasonably believe to be compromised, and you must tell us promptly if you suspect unauthorized access.

Alert recipients. The Web App lets you forward scan and regression alerts to a limited number of additional email addresses. By adding an address you confirm you are entitled to send that person these messages on your behalf. Only alert emails are forwarded — account email such as verification, password resets, and billing always goes to the account holder alone. You can remove a recipient, or switch alerts off entirely, from your account settings at any time.

In all cases you are responsible for: (a) the accuracy of information you provide; (b) all activity that occurs through your installation or account; and (c) ensuring you have all rights and consents necessary for us to access and scan the storefront, website(s), content, or systems you submit or approve. Notify us promptly of any unauthorized access.

5. Acceptable use

You agree not to: (a) use the Service in violation of any law or third-party right; (b) submit, or direct scans at, any website or system you do not own or lack authority to scan; (c) reverse-engineer, copy, resell, or sublicense the Service; (d) attempt to gain unauthorized access to the Service or our systems; (e) interfere with, disrupt, or place undue load on the Service; (f) use the Service to transmit malware or unlawful, harassing, or infringing content; (g) use the Service in any manner that could damage, disable, or impair our systems or others' use of the Service; or (h) create multiple accounts, or otherwise act, to evade a plan limit, a free-tier allowance, or a suspension. We may suspend or terminate access for any violation.

Authorization to scan. This bears repeating because the Web App will scan any URL you give it: you must own the site you submit or have the site owner's permission to test it. Scanning fetches pages automatically and repeatedly, which some operators treat as unauthorized access. You are responsible for having that authority, and you agree to indemnify us for claims arising from a scan you were not entitled to run.

Plan limits and fair use. Paid and free plans include stated allowances — scans per month, pages per scan, sites, and a cap on how many scans may start within a rolling 24 hours. These limits protect shared scanning capacity. When an allowance is spent, further scans are refused until it resets or you upgrade; the Service tells you which applies. Allowances do not roll over. Where a plan is described as "unlimited", that means no fixed numeric cap, subject to fair use and the burst limits above.

6. Fees & payment

Shopify App. The Free plan requires no payment card. Paid plans (Monitor and Pro) are billed through Shopify using Shopify's billing (Managed Pricing) and appear on your regular Shopify invoice. By selecting a paid plan you authorize the recurring charge through Shopify, and Shopify's terms govern proration, trials, and refunds. You may upgrade, downgrade, or cancel at any time from Shopify.

Web App — who you buy from. Paid Web App plans are sold through Link, the merchant-of-record service of our payment provider, Stripe. Link is the seller of record for your purchase: it takes your payment, calculates and collects any sales tax, VAT, or GST that applies where you are, and sends your receipts and invoices. Your purchase is shown as "Sold through Link", and the charge appears on your card statement with a LINK.COM* prefix. Link's own terms also apply to the transaction, and Link provides transaction-level support. We remain responsible for the Service itself.

Web App — price, tax, and renewal. Prices are in U.S. dollars. Applicable taxes are calculated at checkout from your billing location and added to the plan price, and the total is shown before you pay. Plans are billed in advance on the monthly or annual cadence you choose and renew automatically until cancelled. By subscribing you authorize the recurring charge.

Web App — changing plans. A plan change takes effect immediately, and before you confirm it we show you what will be charged. Moving to a more expensive plan or cadence charges the prorated difference straight away. Moving to a cheaper one credits the unused part of your current plan to your account; that credit is applied to your future invoices and is not paid out as cash. If you have used your allowance and choose to renew early, your billing cycle restarts immediately and your allowance resets from that moment. You are invoiced for a new period, less a credit for the unused part of the period you had already paid for, so you pay the difference.

Web App — cancelling. Cancelling stops future renewals and takes effect at the end of the period you have already paid for; until then you keep your plan and can resume it. After that the account moves to the free tier. You can change plans, cancel, update your payment method, and download invoices from your account at any time.

Web App — failed payments. If a renewal payment fails, it is retried automatically over the following days or weeks, and you keep your plan while that happens; updating your payment method lets the next attempt succeed. If every attempt fails, the subscription is cancelled, the account moves to the free tier straight away, and the unpaid renewal invoice is voided, so you do not owe it.

Web App — refunds. We do not refund the unused remainder of a paid period when you cancel. Stripe and Link may, however, issue refunds under their own policies, in some cases within 60 days of a purchase, and any statutory rights you have — such as a cooling-off period where the law provides one — are unaffected. To ask for a refund, contact Link support or write to us.

Direct services. Fees for services purchased through our website or an Order are billed directly via our payment processor. Unless your Order states otherwise: fees are quoted in the currency stated in the Order (USD or CAD); subscriptions renew automatically each billing cycle until cancelled; you authorize us and our payment processor to charge your payment method on a recurring basis; and you are responsible for applicable taxes (other than taxes on our net income). Late payments may accrue interest at the lower of 1.5% per month or the maximum permitted by law, plus reasonable collection costs.

General. Except as required by law (or, for the App, by Shopify's policies, and for the Web App, as described above), fees are non-refundable. We may change pricing on at least 30 days' notice, effective for the next renewal period.

7. Intellectual property

As between you and us, we own and retain all right, title, and interest in and to the Service and all underlying technology, software, scoring methodologies, templates, reports, and improvements (the "AdaChecked IP"). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the deliverables we provide solely for your internal business purposes.

You may not (i) remove proprietary notices; (ii) use AdaChecked IP to build a competing product; or (iii) resell deliverables without our prior written consent. Any feedback you provide is non-confidential, and you grant us a perpetual, royalty-free license to use it.

8. Your content & license to us

You retain ownership of your storefront, submitted websites, content, and materials ("Your Content"). You grant us a worldwide, royalty-free, non-exclusive license to access, copy, store, process, and display Your Content solely as necessary to provide the Service. You represent that you have all rights necessary to grant this license and that Your Content does not infringe third-party rights or violate any law.

9. Your responsibilities and due diligence

You are solely responsible for the accessibility and legal compliance of your storefront and websites. You acknowledge and agree that:

Automated testing is inherently limited. Automated scanning can reliably detect only a portion of accessibility issues — commonly estimated at roughly 30–40%. Many WCAG success criteria require human judgment, manual review, and testing with assistive technologies (screen readers, keyboard-only navigation, etc.) by qualified professionals. A high AdaChecked score does not mean your site is accessible or compliant.

You must conduct your own due diligence. You are responsible for independently evaluating your obligations, commissioning manual audits where appropriate, remediating issues, and re-testing. You must independently verify our outputs before relying on them for any decision, representation, or legal position.

You must obtain your own legal and professional advice. Determining what the law requires of your specific business is your responsibility (see Section 10, No legal advice).

Accessibility is ongoing. New content, apps, themes, third-party embeds, and changes in law or standards can introduce new issues at any time. A prior scan or audit does not describe your site's current state.

You assume all risk arising from your reliance on the Service, to the maximum extent permitted by law.

Work is provided within the scope described in your plan or Order; anything outside it (additional pages, sites, standards, or remediation) may be billed separately. We do not commit to any specific score, ranking, turnaround time, or outcome. References to "priority" handling describe internal work ordering and are not a service-level guarantee unless expressly stated in an Order.

10. No legal advice or compliance guarantee

We are not a law firm. We do not provide legal advice or legal services. Nothing we say, write, generate, or deliver — including scores, reports, remediation guidance, and accessibility statements — constitutes legal advice or creates a solicitor- or attorney-client relationship.

You are solely responsible for determining and meeting your obligations under the Americans with Disabilities Act (ADA), the Accessible Canada Act, the Accessibility for Ontarians with Disabilities Act (AODA), WCAG, Section 508, EN 301 549, and any other applicable law, regulation, or standard.

We do not guarantee compliance with any law, regulation, standard, or guideline, and we do not guarantee any specific legal outcome — including the avoidance of, defense of, or success in any complaint, demand letter, audit, investigation, lawsuit, or claim. The Service is a tool and a service that help you reduce accessibility risk; they do not eliminate it. We never represent that a site is "100% compliant" or "fully accessible."

11. Disclaimer of warranties

12. Limitation of liability

13. Indemnification

You agree to indemnify, defend, and hold harmless AdaChecked and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Your Content or any website or system you submit; (c) your breach of these Terms; (d) your violation of any law or third-party right; or (e) any complaint, demand letter, claim, investigation, or proceeding alleging that your storefront, website, or business fails to meet any accessibility standard, guideline, regulation, or law.

14. Term & termination

These Terms apply from the date you first install the App, create a Web App account, use the website, or engage our services, and continue until terminated. You may terminate at any time by uninstalling the App, cancelling your plan in Shopify, cancelling your Web App subscription and closing your account, or ending your services engagement per your Order. We may suspend or terminate the Service or your access for non-payment, breach, or as otherwise permitted by law. On termination we delete your data as described in the Privacy Policy. Sections that by their nature should survive — including intellectual property, your responsibilities, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

Closing a Web App account. You can ask us to delete your account at any time. Deleting it removes your sites, scan history, reports, and saved alert recipients; scans and reports cannot be recovered afterwards, so export anything you need first. Cancelling a subscription on its own does not delete the account — it moves to the free tier and keeps its history.

15. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service using at least reasonable care and will use it only to perform under these Terms. This does not apply to information that is or becomes public through no breach, was rightfully known before disclosure, is independently developed, or is rightfully obtained from a third party without restriction.

16. Force majeure

Neither party is liable for delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, labor disputes, internet or telecommunications outages, or third-party (including Shopify or hosting-provider) failures.

17. Governing law and dispute resolution

Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before starting any proceeding, the parties will attempt in good faith to resolve any dispute informally by conferring for at least sixty (60) days after written notice of the dispute.

Forum. Subject to the informal-resolution step, the parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada, and waive any objection to venue there.

Class-action waiver. To the extent permitted by applicable law, any dispute will be resolved on an individual basis only, and you waive any right to participate in a class, collective, or representative proceeding. Either party may still seek injunctive relief to protect intellectual property or confidential information.

18. Changes to these terms

We may update these Terms from time to time. The "Effective" date at the top reflects the most recent revision. Your continued use of the Service after the updated Terms take effect constitutes acceptance. If you do not agree, stop using the Service, uninstall the App, and end any engagement.

19. General

Entire agreement. These Terms, together with any applicable Order, are the entire agreement between the parties on this subject and supersede all prior agreements.

Severability. If any provision is held unenforceable, the rest remain in full effect.

Assignment. You may not assign these Terms without our prior written consent; we may assign them freely, including in a merger or sale of assets.

No waiver; no agency. Failure to enforce a right is not a waiver, and no agency, partnership, or joint venture is created by these Terms.

20. Contact

Questions about these Terms:

AdaChecked — Email: hello@adachecked.com