Terms of Service

1. Acceptance of these terms

These Terms of Service (the "Terms") form a binding agreement between you ("Merchant" or "you") and AdaChecked ("AdaChecked," "we," "us," or "our") and govern your access to and use of the AdaChecked application for Shopify, our website, and any deliverables we provide (collectively, the "Service"). By installing the App or 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 "Merchant" refers to that entity.

2. The service

AdaChecked is a Shopify application that provides automated accessibility scanning of your storefront against the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA, along with scores, issue reports, an accessibility-statement generator, optional scheduled monitoring, and — separately — access to hands-on remediation services.

The Service is offered in tiers (Basic, Monitor, and Pro) with different scan and feature limits, as described on our website and in Shopify. We may change features and limits over time. In the event of a conflict between a plan description and these Terms, the plan description controls only as to the conflicting provision.

3. Eligibility

You must be at least 18 years old, operate a Shopify store, and be 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 contract.

4. Installation & access

Identity and access are managed through your Shopify installation; the Service has no separate login. You are responsible for: (a) the accuracy of information you provide; (b) all activity that occurs through your installation; and (c) ensuring you have the rights and consents necessary for us to access and scan your storefront within the scopes you approve. You agree to 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 control or have 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 or disrupt the Service; or (f) use the Service in any manner that could damage, disable, or impair our systems or other merchants' use of the Service. We may suspend or terminate your access for any violation.

6. Fees & payment

The Basic 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. You can upgrade, downgrade, or cancel your plan at any time from Shopify.

Fees are quoted in U.S. dollars and are non-refundable except as required by law or by Shopify's policies. Because billing runs through Shopify, Shopify's terms govern proration, trials, and refunds. We may change pricing on at least 30 days' notice, effective for renewal periods.

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, methodologies, and any improvements thereto (the "AdaChecked IP"). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use 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. 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, content, and materials ("Merchant Content"). You grant us a worldwide, royalty-free, non-exclusive license to access, copy, store, process, and display Merchant Content solely as necessary to provide the Service. You represent that you have all rights necessary to grant this license and that Merchant Content does not infringe third-party rights or violate any law.

9. Scope & deliverables

Automated testing detects only a portion of accessibility issues — roughly 30–40% — and full conformance requires human review. We do not commit to any specific score, ranking, or outcome. Estimated turnaround times are estimates only. References to "priority" handling refer to internal ordering of work and do not constitute a service-level agreement unless expressly stated.

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, or deliver constitutes legal advice or creates an attorney-client relationship. You are solely responsible for determining your obligations under the Americans with Disabilities Act (ADA), WCAG, Section 508, EN 301 549, and any other applicable law 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, lawsuit, or claim. Accessibility is an ongoing process; new content, third-party tools, and law changes may introduce new issues. The Service reduces risk; it does not eliminate it. We never represent that a store is "100% compliant."

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 attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Merchant Content; (c) your breach of these Terms; (d) your violation of any law or third-party right; or (e) any complaint, demand letter, claim, or proceeding alleging that your storefront or business fails to meet any accessibility standard, regulation, or law.

14. Term & termination

These Terms apply from the date you first install or access the Service and continue until terminated. You may terminate at any time by uninstalling the App or cancelling your plan in Shopify. We may suspend or terminate the Service or your access at any time for non-payment, breach, or as otherwise permitted. On termination we delete your store's data as described in our Privacy Policy. Sections that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

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, civil unrest, pandemic, government action, labor disputes, internet or telecommunications outages, or third-party (including Shopify or hosting-provider) failures.

17. Disputes, arbitration, class waiver

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Informal resolution. Before filing a claim, the parties will attempt to resolve any dispute informally by conferring in good faith for at least sixty (60) days.

Binding arbitration. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware, on an individual basis.

Class action waiver. You and AdaChecked agree that any dispute will be resolved on an individual basis only. You waive any right to participate in a class, collective, consolidated, or representative action. Either party may still seek injunctive relief in court to protect intellectual property or confidential information.

18. Changes to these terms

We may update these Terms at any time. The "Effective" date above reflects the most recent revision. Your continued use of the Service after the updated Terms become effective constitutes acceptance. If you do not agree, you must stop using the Service and uninstall the App.

19. General

Entire agreement. These Terms constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements.

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

Assignment. You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with 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

AdaChecked — Email: legal@adachecked.com