1. Services
Ardor Accessibility ("Ardor," "we," "us") provides web accessibility scanning, automated remediation via the Ardor Accessibility widget, compliance reporting, AI-generated alt text, proof of effort documentation, and a client management portal (collectively, the "Services"). By subscribing to or using the Services, you ("Client," "you") agree to these Terms.
2. Subscription and Payment
Services are provided on an annual subscription basis at a per-domain price agreed upon in your service agreement. Subscriptions renew automatically unless cancelled 30 days before renewal. Clients may be deactivated by Ardor for non-payment, which disables the widget and pauses scans. All fees are non-refundable except as required by law.
3. Widget Installation and Use
The Ardor Accessibility widget is provided as a JavaScript snippet to be installed on your website. You are responsible for installing and maintaining the widget code. The widget:
- Provides end-user accessibility controls (text size, contrast, reading guide, disability profiles, etc.)
- Automatically remediates WCAG 2.1 Level AA violations (alt text, ARIA labels, keyboard navigation, focus indicators, form errors, table headers, screen reader optimization, and more)
- Transmits anonymized remediation logs to Ardor servers for compliance documentation
- Does not collect personally identifiable information (PII) from website visitors
4. Scanning, Reports, and AI Features
Accessibility scans are performed using automated tools (axe-core) against WCAG 2.1 Level AA success criteria, scanning up to 25 unique pages per domain. AI-generated alt text uses third-party AI services to analyze images and generate descriptions. Scan results, reports, and AI outputs are provided for informational purposes and do not constitute legal advice.
5. Proof of Effort Package
The Proof of Effort Package documents your good-faith efforts toward web accessibility compliance. It includes audit reports, remediation logs, a publishable accessibility statement, and service documentation. While this package provides evidence to support a legal defense, it is not a substitute for legal counsel and does not guarantee compliance or legal immunity.
6. Client Deactivation
Ardor may deactivate a client account for non-payment, violation of these Terms, or at the client's request. Deactivation disables the widget (it will not load on the client's domain), pauses automated scanning, and suspends report generation. Data is retained for 12 months after deactivation. Clients may be reactivated by contacting Ardor.
7. Regulatory Scope
The Services are designed to support compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. The DOJ Title II Final Rule (28 CFR Part 35, RIN 1190-AA79) establishes web accessibility requirements for state and local government entities. Private entities may face accessibility obligations under Title III of the ADA. Ardor does not determine which title, compliance requirements, or exceptions apply to any specific client. Clients should consult legal counsel for entity-specific guidance.
8. No Compliance Guarantee
While the Ardor Accessibility widget and scanning services are designed to improve your website's accessibility, Ardor does not guarantee full WCAG compliance or legal immunity from accessibility-related claims. Automated tools cannot detect all accessibility barriers, and some issues require manual remediation. The DOJ Final Rule recognizes defenses including fundamental alteration and undue burden (§35.200(b)), a safe harbor for conforming content (§35.205), and exceptions for archived and preexisting content. These defenses are fact-specific and must be evaluated by legal counsel.
9. Intellectual Property
The Ardor Accessibility widget, scanning tools, portal software, AI features, and all associated content remain the intellectual property of Ardor Accessibility. You are granted a non-exclusive, non-transferable license to use the Services during your active subscription.
10. Data and Privacy
We handle data as described in our Privacy Policy. The widget does not collect PII from website visitors. Remediation logs contain only technical data (CSS selectors, WCAG rule IDs, fix outcomes). Portal user accounts are secured with industry-standard password hashing and session-based authentication.
11. Limitation of Liability
To the maximum extent permitted by law, Ardor's total liability for any claims arising from the Services shall not exceed the fees paid by you in the 12 months preceding the claim. Ardor shall not be liable for indirect, incidental, or consequential damages.
12. Termination
Either party may terminate the service agreement with 30 days' written notice. Upon termination, your account will be deactivated and access to the portal and widget services will cease. You may request export of your scan data and reports within 30 days of termination.
13. Changes to Terms
We may update these Terms from time to time. Active subscribers will be notified of material changes by email. Continued use of the Services after changes constitutes acceptance.
14. Contact
Ardor Accessibility
Email: info@ardoraccessibility.com
Web: ardoraccessibility.com