Terms of Service

Acceptance of Terms

By accessing and using ScanAbility's services (the "Service"), you agree to be bound entirely by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree with any provision of these Terms, you may not use our Service. ScanAbility reserves the right to modify these Terms at any time, with 30 days' email notice for material changes. Continued use of the Service after notification of changes constitutes your acceptance of the updated Terms. These Terms together with the Privacy Policy constitute the entire agreement.

License Grant

ScanAbility grants you a non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not:

• Reproduce, modify, or distribute the Service or its content without authorization
• Attempt to reverse-engineer, decompile, or discover the source code or algorithms
• Use the Service for commercial purposes beyond your subscription tier
• Sublicense or resell access to the Service

Acceptable Use Policy

You agree to use ScanAbility only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Service. Specifically, you agree not to:

Prohibited Scanning Activities

• Malicious Scanning: Scanning websites without authorization or for any purpose other than accessibility testing
• Denial of Service: Conducting or attempting DDoS attacks, distributed attacks, or any activity that disrupts Service availability
• Excessive Load: Making requests that create unreasonable server load or impact performance for other users
• Scraping: Extracting scan results or data in bulk for redistribution or competitive purposes
• Unauthorized Scanning: Scanning third-party websites without explicit authorization from the website owner
• Respect robots.txt: Honoring robots.txt directives and respecting website owner scanning preferences

Prohibited Content & Conduct

• Violating applicable laws, regulations, or third-party rights
• Engaging in harassment, abuse, or threatening behavior
• Transmitting malware, viruses, or malicious code
• Interfering with or disrupting the Service or its infrastructure
• Attempting to gain unauthorized access to accounts or systems
• Using the Service for illegal activities or circumventing security measures

Enforcement: ScanAbility reserves the right to immediately suspend or terminate service for violations of this policy, with or without notice.

Service Availability

We strive to provide continuous, reliable service. However, ScanAbility does not guarantee uninterrupted availability. The Service may be unavailable due to:

• Scheduled maintenance (with advance notification when possible)
• Emergency maintenance or security patches
• Third-party service interruptions (hosting, databases, integrations)
• Natural disasters, acts of God, or force majeure events
• Network or internet service disruptions

We will use commercially reasonable efforts to minimize downtime and notify users of planned maintenance. For status updates, check our status page.

Subscription Terms

ScanAbility subscriptions are provided on a monthly or annual recurring billing basis through Paddle, our payment processor.

Billing & Payment

• Charges are processed on the date your subscription is activated and on each renewal date
• All prices are in USD unless otherwise specified
• You authorize us to charge your payment method on file
• Failed payment attempts will be retried; service may be suspended after 3 failed attempts
• Invoice and payment records are available in your Settings > Subscription

Subscription Cancellation

• You may cancel your subscription at any time through Settings > Subscription
• Cancellation is effective at the end of your current billing period
• You retain access to your plan's features until the end of the paid billing period
• Upon cancellation, your account downgrades to the Free plan

Plan Changes

• You may upgrade or downgrade your plan at any time
• Upgrades are prorated and charged immediately
• Downgrades take effect at the next billing cycle
• Feature access adjusts immediately upon plan change

Refund Policy

14-Day Money-Back Guarantee: If you are not satisfied with your subscription, you may request a full refund within 14 days of your initial payment. This refund window is provided through Paddle, our Merchant of Record.

Eligibility

• First-time subscription purchases on paid plans (Starter, Pro, Agency)
• Refund must be requested within 14 days of the initial transaction date
• One refund per account/customer

How to Request a Refund

Email [email protected] with your request, including:

• Your account email address
• Transaction/order ID (from your receipt)
• Reason for refund (optional but helpful)

Refund requests are processed within 5 business days. Refunds are issued to the original payment method and may take 5-10 business days to appear in your account depending on your bank.

Exclusions

• Requests after the 14-day window are not eligible for refunds but may be considered for account credits
• Accounts suspended for Terms violations are ineligible for refunds
• Renewal/auto-billing charges cannot be refunded but can be credited to your account

Intellectual Property

Our Content: All ScanAbility materials—including software, documentation, logos, text, and graphics—are the exclusive property of ScanAbility or our licensors. These materials are protected by copyright, trademark, and other intellectual property laws.

Your Scans & Reports

• You retain all rights to your scan URLs and website content
• ScanAbility owns the accessibility reports, analysis, and metadata generated by our Service
• You retain the right to use reports for your own accessibility remediation efforts
• You may not redistribute or resell reports as a commercial product

Limited Use License

You are granted a limited license to use generated reports for internal business purposes, including sharing with team members and stakeholders for accessibility improvement. Redistribution or republishing of reports requires written permission.

Limitation of Liability & Disclaimers

Liability Cap

Maximum Total Liability: To the extent permitted by law, ScanAbility's maximum total aggregate liability to you for any and all claims arising from these Terms or the Service shall not exceed the total amount you paid for your subscription in the 12 months immediately preceding the claim, with a minimum of zero dollars. This cap applies to all claims of any kind and all legal theories. If you have paid nothing in the prior 12 months, your maximum recovery is limited to refund of the current month's fees.

Warranty Disclaimer

AS-IS AND AS-AVAILABLE: The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express, implied, statutory, or otherwise. ScanAbility explicitly disclaims all warranties including: (a) merchantability, (b) fitness for a particular purpose, (c) non-infringement, (d) accuracy, completeness, or reliability, (e) that the Service will be error-free or uninterrupted, (f) that defects will be corrected, (g) that results will meet your expectations.

ScanAbility does not warrant that:

• All accessibility issues will be identified, captured, or correctly classified
• Accessibility compliance will guarantee legal protection or conformance with all standards
• Third-party content, tools, or integrations are accurate, secure, or compatible
• Scan results are definitive, complete, or final
• Remediation suggestions will resolve all compliance issues or vulnerabilities
• The Service will meet your accessibility or legal requirements

No Guarantee of Compliance or Legal Safety

Automated scanning cannot detect all accessibility issues. Passing ScanAbility scans does NOT guarantee legal compliance or protection from regulatory action. You must: conduct manual testing; involve people with disabilities in testing; engage certified accessibility auditors; consult qualified legal counsel; monitor regulatory changes; maintain documented remediation efforts. ScanAbility is a tool only and cannot replace human expertise or legal review.

Indemnification

User Indemnification Obligation: You agree to indemnify, defend (with counsel acceptable to ScanAbility), and hold harmless ScanAbility and its officers, directors, employees, agents, successors, and assigns from and against any and all third-party claims, lawsuits, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use, misuse, or abuse of the Service
• Your violation of any provision of these Terms or applicable law
• Your violation of third-party intellectual property rights, privacy rights, or other rights
• Websites, domains, or content you submit for scanning (including infringing, illegal, harmful, or non-consensual content)
• Your failure to comply with accessibility regulations, standards, or remediation obligations
• Claims by your users, customers, employees, or regulators related to your website accessibility
• Your use of ScanAbility results or recommendations in violation of law or best practices
• Data you upload or collect through the Service

Indemnification Procedure: You shall indemnify within 30 days of receiving written notice of a claim. ScanAbility shall provide prompt written notice and reasonable cooperation. ScanAbility may participate in defense with counsel of its choice at your expense.

Account Termination

You may terminate your account at any time by:

• Canceling your subscription through Settings
• Deleting your account through Settings > Danger Zone
• Contacting [email protected] with a termination request

ScanAbility Termination Rights: We may suspend or terminate your account, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent, illegal, or harmful activities
• Payment is not received for more than 30 days past due
• You harass, abuse, or threaten our team or other users
• We determine your use poses a security or legal risk

Upon Termination: Your account access will be revoked, and we will delete your data within 30 days (see Privacy Policy). Backups may be retained for 90 days for disaster recovery.

Governing Law & Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding Arbitration

Agreement to Arbitrate: You and ScanAbility agree that any dispute, claim, or controversy arising from or related to these Terms or the Service shall be resolved exclusively through binding arbitration under the Rules of the International Chamber of Commerce (ICC), except for: (1) intellectual property disputes, (2) claims for injunctive relief or emergency equitable remedies, (3) claims brought in small claims court where jurisdiction exists.

Arbitration Procedures: Arbitration shall be conducted by a single arbitrator unless the claim exceeds $250,000 USD, in which case three arbitrators shall be appointed. The arbitration shall be conducted in English, seated in Dublin, Ireland. Costs are split equally unless the arbitrator determines the losing party should bear costs. The arbitrator's decision is final and binding.

Class Action Waiver

NO CLASS OR REPRESENTATIVE ACTIONS: You waive the right to participate in any class action, class arbitration, or representative action against ScanAbility. All disputes must be resolved on an individual basis. This waiver applies even if arbitration rules or law otherwise permit class proceedings.

Informal Resolution

Before initiating arbitration, you agree to attempt informal resolution by contacting [email protected] in writing. Both parties shall negotiate in good faith for 30 days. If unresolved, either party may initiate arbitration.

Contact Us

For questions about these Terms or to request clarification, please contact:

Severability & Force Majeure

Severability: If any court or arbitrator finds any provision of these Terms to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full effect and force. The parties intend for this agreement to be enforceable to the maximum extent permitted by law.

Force Majeure: ScanAbility shall not be liable for any failure or delay in performance of its obligations caused by events or circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, strikes, government actions, internet disruptions, or failure of third-party services. Force majeure events do not constitute breach and suspend ScanAbility's obligations for the duration of the event plus 30 days.

Termination Rights (Additional)

Termination by ScanAbility: ScanAbility may suspend or terminate your account immediately and without liability if: (1) you violate these Terms or Acceptable Use Policy, (2) you engage in illegal or fraudulent activity, (3) payment fails and remains unpaid 30 days after notice, (4) you threaten, harass, or abuse our staff or other users, (5) your use poses security or legal risk in ScanAbility's sole discretion. No refunds are issued upon termination for cause. Your data will be deleted within 30 days except where required by law to retain.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ScanAbility regarding your use of the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral. No other document, email, or representation modifies these Terms except by written amendment signed by both parties.