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 or quote. We do not store payment cards and do not charge you automatically. Before the end of each annual term, we will send a renewal reminder and an invoice for the upcoming term. Your subscription renews for a successive one-year term at the then-current rate upon payment of the renewal invoice by its due date. If the renewal invoice is not paid by its due date, the subscription expires at the end of the then-current term, and Ardor may deactivate the account as described in Section 6 (Client Deactivation).
Ardor may deactivate a Client for non-payment, which disables the widget and pauses scans. All fees already paid are non-refundable except as required by law or as provided in Section 14 (Termination). Non-renewal stops future terms; it does not refund or shorten the current paid term, which runs through the end of the period you have already paid for. See Section 14 (Termination) for how the engagement ends.
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 Artificial Intelligence Features
Accessibility scans are performed using automated tools (axe-core) against WCAG 2.1 Level AA success criteria, scanning a single domain with an agreed to amount of pages. 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 3 months after deactivation. Clients may be reactivated by contacting Ardor Accessibility.
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 Americans with Disabilities Act (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, special, consequential, or punitive damages, or for lost profits, revenue, or data. The limitations in this Section apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose.
12. Changes to Terms
We may update these Terms from time to time. For active subscribers, material changes take effect at the start of your next renewal term, and we will notify you by email before they take effect. Changes required by law, or changes that do not materially diminish the Services, may take effect upon notice.
13. Indemnification
You agree to defend, indemnify, and hold harmless Ardor and its officers, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising out of or related to: (a) the content, operation, or accessibility of your website; (b) your use of the Services in violation of these Terms or applicable law; or (c) your infringement of any third party's rights. Ardor will promptly notify you of any such claim and reasonably cooperate in the defense.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the exclusive venue for any dispute shall be the state or federal courts located in Mecklenburg County, North Carolina, and each party consents to personal jurisdiction there.
Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Mecklenburg County, North Carolina. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs this arbitration provision, which reflects a transaction occurring within interstate commerce.
Arbitration fees. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Commercial Arbitration Rules and fee schedules in effect when the arbitration is commenced. For claims seeking $25,000 or less, Ardor will, upon your written request, advance the AAA filing and arbitrator fees, subject to reallocation in the final award as the arbitrator deems proper. Each party bears its own attorneys' fees and costs unless applicable law or the AAA rules provide otherwise.
Class-action and jury-trial waiver. Disputes will be resolved only on an individual basis. To the fullest extent permitted by law, you and Ardor waive any right to bring or participate in a class, collective, consolidated, or representative action. Each party acknowledges that, by agreeing to arbitration, it is waiving the right to a trial by jury for all arbitrable disputes.
Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
Opt-out. You may opt out of this arbitration agreement by emailing info@ardoraccessibility.com within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
15. General Provisions
Entire Agreement. These Terms, together with your service agreement or quote and our Privacy Policy, constitute the entire agreement between you and Ardor regarding the Services and supersede all prior agreements on the subject. In the event of a conflict between these Terms and a signed service agreement or quote, the signed service agreement or quote controls.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
Assignment. You may not assign these Terms without Ardor's prior written consent. Ardor may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages, network or hosting-provider failures, acts of nature, or governmental action.
No Waiver. A party's failure to enforce any provision is not a waiver of its right to do so later.
Notices. Notices to Ardor should be sent to info@ardoraccessibility.com or to the postal address below. Notices to you may be sent to your account email.
Independent Contractor. The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship.
16. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN A SIGNED SERVICE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARDOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARDOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THEY WILL MAKE ANY WEBSITE COMPLIANT WITH WCAG OR ANY LAW. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. Termination
You may end the engagement by not paying the renewal invoice, or by giving written notice of non-renewal at any time before the end of the then-current term, as described in Section 2 (Subscription, Payment, and Renewal). Ardor may suspend or terminate the Services immediately, with or without notice, for non-payment, breach of these Terms, or unlawful or abusive use of the Services. Upon termination, your account will be deactivated and access to the portal and widget services will cease. Ardor may also terminate these Terms for convenience on 30 days' written notice, in which case Ardor will refund the prorated portion of prepaid fees attributable to the unused remainder of the then-current term. Except as stated in the preceding sentence or as required by law, termination does not entitle you to a refund of prepaid fees, and the current paid term is neither shortened nor refunded. You may request export of your scan data and reports within 30 days of termination.
18. Contact
Ardor Accessibility
Phone: (980) 501-5710
Email: info@ardoraccessibility.com
Address: 8801 JM Keynes Drive, Suite 400, Charlotte, NC 28262
Web: ardoraccessibility.com