Terms of Use

2.1 These Terms of Use govern your access to and use of the Site and the Inclusive Digital Platform, including all free and paid subscription features.

2.2 By accessing the Site, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to agree to these Terms on behalf of yourself and, where applicable, the organization you represent; and (c) your use of the Site will comply with all applicable laws and regulations.

2.3 Age Restriction (COPPA). The Site and Platform are intended solely for use by individuals who are 18 years of age or older and are acting in a professional or business capacity. The Platform is a B2B (business-to-business) tool and is not directed at, or intended for use by, children under the age of 13. We do not knowingly collect personal information from any person under the age of 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take prompt steps to delete that information. If you believe we have collected information from a child under 13, please contact us immediately at hello@inclusivedigital.co.

2.4 We reserve the right to amend these Terms at any time. Amended Terms will be posted to the Site with an updated effective date. Your continued use of the Site following posting of amended Terms constitutes your acceptance of those amendments.

3.1 The Inclusive Digital Platform uses artificial intelligence to analyze Accessibility Conformance Reports (ACRs), Voluntary Product Accessibility Templates (VPAT®s), and Higher Education Community Vendor Assessment Toolkit (HECVAT) documents submitted by Users. Accepted file formats include PDF, DOCX, XLSX, and CSV. The Platform also provides free browser-based tools — the Access Plan and Accessibility Remediation Roadmap — which generate downloadable DOCX files entirely within the User's browser; no data from these tools is submitted to the Platform. The Platform produces Outputs including Accessibility Risk Scores, risk tier classifications, recommended next steps, and suggested contractual language.

3.2 All outputs are generated by an automated system and are provided for informational and decision-support purposes only. Outputs do not constitute legal advice, compliance certification, or a representation that any product, service, or procurement decision is compliant with any law or regulation, including but not limited to the Americans with Disabilities Act, Section 508 of the Rehabilitation Act, the European Accessibility Act, or WCAG standards.

3.3 The Company strongly recommends that any Output, particularly generated contractual language or legal risk assessments, be reviewed by a qualified legal practitioner before reliance or use.

3.4 The accuracy of any Output depends in part on the quality, completeness, and accuracy of the document submitted by the User. The Company makes no warranty that Outputs will be accurate, complete, or suitable for any particular purpose.

3.5 Unauthorized use, reproduction, or exploitation of the Platform or its Outputs may result in suspension or termination of access and may subject you to legal action.

4.1 Hallucination and Factual Inaccuracy. Artificial intelligence systems, including the Platform, may generate outputs that are inaccurate, incomplete, fabricated, or inconsistent with the source document submitted ("hallucinations"). The Company does not warrant the factual accuracy of any Output, and Outputs should not be treated as authoritative representations of the contents of any submitted document.

4.2 Probabilistic Outputs. The Platform produces probabilistic assessments based on statistical inference and pattern recognition. Outputs are not deterministic and may vary based on document structure, formatting, and content. Two evaluations of materially identical documents may produce different results. Scores and classifications represent the Platform's assessment at the time of generation and do not constitute definitive findings.

4.3 No Guarantee of Regulatory Sufficiency. No Output constitutes a guarantee, certification, audit, or legal determination of compliance with any applicable law, regulation, or accessibility standard, including but not limited to the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, the European Accessibility Act, WCAG 2.1, WCAG 2.2, EN 301 549, or any successor standard. Procurement, contracting, or deployment decisions made in reliance on Outputs are made at the User's sole risk. The Company expressly disclaims any responsibility for regulatory enforcement actions, litigation, or compliance failures arising from reliance on Outputs.

4.4 No Replacement for Manual Review. Outputs are intended to augment, not replace, manual review by qualified accessibility professionals, legal counsel, procurement officers, or subject-matter experts. The Company strongly recommends that all Outputs be independently verified by a qualified human reviewer before any procurement, contracting, or compliance decision is made.

4.5 No Warranty of Completeness Against WCAG Criteria. The Platform evaluates documents submitted by Users and does not test, audit, or access the underlying product, application, or service described in those documents. The Platform cannot guarantee that all applicable WCAG success criteria have been identified, addressed, evaluated, or reported in any Output. An Output that assigns a high score or low-risk classification does not warrant that the underlying product is accessible or WCAG-conformant.

5.1 Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business purposes.

5.2 You must not:

• use the Site or Platform for any unlawful purpose or in any way that violates any applicable law or regulation;
• attempt to gain unauthorized access to any part of the Site or Platform, or to any server, computer, or database connected to the Site;
• transmit any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation;
• reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Platform without our express written permission;
• resell, sublicense, redistribute, publish, or commercially exploit Outputs generated by the Platform without prior written authorization from the Company;
• use the Platform, its Outputs, methodologies, scoring systems, data structures, workflows, or generated content to develop, benchmark, train, improve, validate, or operate any competing product or service, including any artificial intelligence, machine learning, accessibility evaluation, procurement risk assessment, or automated compliance analysis system;
• copy, replicate, mirror, frame, reproduce, adapt, translate, or create derivative works based on the Platform, its functionality, user interface, scoring methodologies, or Outputs, in whole or in part;
• use any automated device, software, process, or means to access, retrieve, scrape, or index the Site or Platform or any Content;
• reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, models, scoring methodologies, or proprietary logic underlying the Platform;
• remove, alter, or obscure any copyright, trade mark, or proprietary rights notices on the Site, Platform, or any Output;
• upload or submit any document that you do not have the lawful right to submit, including documents subject to non-disclosure agreements or third-party confidentiality obligations that prohibit such submission;
• use the Platform to process personal data in a manner inconsistent with applicable privacy laws, including the CCPA and the EU GDPR;
• impersonate any person or organization, or misrepresent your affiliation with any person or organization;
• interfere with or disrupt the integrity or performance of the Site or Platform, or the data contained therein.

6.1 The Site, the Platform, and all Content — including all software, methodologies, workflows, scoring systems, evaluation frameworks, risk models, generated reports, designs, text, graphics, interfaces, databases, analytics outputs, and underlying source code — are owned by or licensed to the Company and are protected by applicable Intellectual Property Rights laws. The Company and its licensors retain all Intellectual Property Rights in and to the Site, Platform, and Content.

6.2 The Company's trade marks, service marks, and trade names — including "Inclusive Digital" and the Inclusive Digital logo — may not be used without the Company's prior written consent.

6.3 Nothing in these Terms grants you any right or license in or to any Intellectual Property Rights other than the limited access license expressly stated in Clause 5.1.

6.4 The Accessibility Risk Score methodology and associated scoring rubric are proprietary to the Company. The Company expressly reserves all rights in and to the Platform's proprietary scoring methodologies, evaluation logic, risk classification systems, report structures, prompts, workflows, and associated intellectual property, whether or not patented or patent-pending.

6.5 Trade Secrets. All scoring methodologies, evaluation frameworks, risk models, comparison systems, prompt engineering, and report-generation processes used by the Platform constitute proprietary confidential information and trade secrets of the Company within the meaning of the Defend Trade Secrets Act (18 U.S.C. § 1836) and applicable state law. You agree not to disclose, reproduce, or use any such information except as expressly permitted by these Terms.

7.1 When you upload a document to the Platform, you represent and warrant that: (a) you own or have all necessary rights to submit the document; (b) submission does not breach any confidentiality obligation or third-party agreement; and (c) the document does not contain personal data unless you have a lawful basis for processing that data.

7.2 By submitting a document to the Platform, you grant the Company a limited, non-exclusive license to process that document solely for the purpose of generating Outputs for you. The Company will not use submitted documents to train or fine-tune machine learning models on an identifiable basis without your prior express written consent. However, the Company may use de-identified, aggregated, and anonymized data derived from use of the Platform to operate, improve, and enhance the performance, functionality, and reliability of the Platform, provided such data does not identify you or any third party.

7.3 You are solely responsible for ensuring that any document you submit complies with all applicable laws and does not violate any third-party rights. The Company accepts no liability arising from documents submitted in violation of third-party confidentiality or intellectual property rights.

7.4 The Company processes personal data in accordance with its Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to personal data processing, the Privacy Policy shall prevail.

8.1 The site and platform are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the platform will meet your requirements or that outputs will be accurate, complete, or reliable;
• Warranties that the site will be uninterrupted, timely, secure, or error-free;
• Warranties relating to the accuracy or currency of any information on the site; and
• Warranties that outputs constitute legal advice or compliance determinations of any kind.

8.2 The Company does not warrant that the Platform will identify all accessibility deficiencies in any product or that an Accessibility Risk Score will correspond to actual legal compliance status under any applicable law or standard.

8.3 Any use of or reliance on Output, recommendations, or suggested contractual language is at your sole risk. You are responsible for independently evaluating the suitability of any Output before acting on it.

9.1 To the fullest extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, licensors, or affiliates be liable for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages arising from reliance on any output, recommendation, or suggested contractual language generated by the platform;
• Damages arising from any regulatory enforcement action, legal claim, or litigation relating to accessibility or procurement decisions; or
• Damages arising from interruption, suspension, or termination of access to the site or platform.

9.2 To the fullest extent permitted by applicable law, the Company's total aggregate liability arising out of or in connection with these Terms shall not exceed the greater of: (a) the total fees paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred United States dollars (USD $100).

9.3 Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

12.1 The Company is committed to designing and maintaining the Site with accessibility in mind and aims to align with WCAG 2.2 Level AA standards. The Company will make reasonable efforts to improve accessibility over time and, where available, will provide accessibility documentation upon request or publication.

12.2 If you experience accessibility barriers when using the Site, please contact us at hello@inclusivedigital.co so that we can provide assistance and, where possible, address the barrier.

13.1 Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy with respect to personal data, the Privacy Policy shall prevail.

13.2 The Company implements appropriate technical and organizational measures to protect any data you submit, including AES-256 encryption at rest, TLS 1.3 in transit, role-based access controls, and multi-factor authentication.

13.3 The Company will not sell, rent, or share your data with third parties for marketing purposes.

13.4 Cookies. The Site uses essential cookies required for authentication and session management, and — with your consent — analytics cookies (Google Analytics 4) to help us understand how the Site is used. On your first visit, a cookie consent banner will be presented allowing you to accept or decline non-essential cookies. Your preference is stored for 12 months. You may withdraw consent at any time by clearing your browser cookies. Full details of the cookies we use are set out in the Privacy Policy.

14.1 The Company reserves the right, in its sole discretion, to suspend or terminate your access to the Site or Platform at any time, with or without notice, if the Company reasonably believes that you have breached these Terms or that your use poses a risk to the Site, Platform, other users, or the Company.

14.2 Upon termination, all licenses granted to you under these Terms shall immediately cease. Clauses 6 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 15 (Subscription Fees and Refund Policy), 17 (Governing Law), and 18 (Dispute Resolution) shall survive termination.

15.1 Access to the paid features of the Platform requires payment of subscription fees as set out on the Pricing page. All fees are stated in United States Dollars (USD) and are exclusive of any applicable taxes.

15.2 Monthly subscriptions. Fees for monthly subscription plans are charged in advance on a recurring monthly basis. Monthly subscription fees are non-refundable. If you cancel a monthly subscription, your access will continue until the end of the current billing period; no partial-month refunds will be issued.

15.3 Annual subscriptions. If annual subscription plans are offered, fees are charged in advance for the full annual period. Annual subscription fees are generally non-refundable; however, the Company may, in its sole discretion, issue a pro-rata refund for unused full calendar months remaining in the subscription period if a cancellation request is received within 30 days of the annual renewal date and is accompanied by a written request to hello@inclusivedigital.co. Such refunds are not guaranteed and will not be issued where the account has been terminated for breach of these Terms.

15.4 The Company reserves the right to change subscription fees at any time. Any fee changes will be notified to active subscribers at least 30 days in advance and will take effect at the next renewal date.

15.5 If you believe you have been charged in error, please contact us at hello@inclusivedigital.co within 30 days of the charge. We will investigate and, where an error is confirmed, issue a correction.

18.1 The parties agree to attempt to resolve any dispute informally in the first instance by contacting the Company at hello@inclusivedigital.co. If the dispute is not resolved within thirty (30) days, either party may pursue formal proceedings.

18.2 Any dispute not resolved informally shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). This clause does not prevent either party from seeking emergency injunctive relief in a court of competent jurisdiction.

18.3 To the extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Site and Platform and supersede all prior agreements, representations, and understandings.

Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver: No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms without restriction.

No Partnership or Agency: Nothing in these Terms creates or implies any partnership, joint venture, agency, franchise, or employment relationship between you and the Company.

Force Majeure: The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, government action, pandemic, cyber-attack, or failure of third-party infrastructure.

For questions about these Terms, please email hello@inclusivedigital.co

Website: www.inclusivedigital.co