Service Agreement

1. Parties

This Service Agreement ("Agreement") is entered into between Includeify, a Connecticut limited liability company ("Provider"), and the subscribing business or individual ("Client").

2. Services Provided

Provider agrees to provide the following services under the Client's selected subscription plan:

• Automated WCAG 2.1 accessibility scanning of Client's website(s)
• Violation identification, categorization, and severity scoring
• Platform-specific remediation guidance and fix instructions
• Access to Aria, Provider's AI compliance advisor
• Re-scanning and verification of remediated violations
• Ongoing monitoring and compliance score tracking
• Monthly compliance reports (Growth and Agency plans)

Premium Manual Audit services, where engaged, additionally include keyboard and screen reader testing, VPAT documentation, and a personal consultation with Provider's founder.

3. Subscription Plans and Fees

Client agrees to pay the monthly subscription fee corresponding to their selected plan:

• Starter: $49/month — 1 website
• Growth: $99/month — up to 3 websites
• Agency: $199/month — up to 10 websites
• Premium Manual Audit: $1,200–$2,000 per engagement (quoted separately)

Fees are billed monthly in advance. Client may cancel at any time with no penalty. No refunds are issued for partial months.

4. Client Responsibilities

Client agrees to:

• Provide accurate website URL(s) for scanning
• Implement remediation guidance in good faith
• Not misrepresent violation status (marking items Completed without performing fixes)
• Maintain access credentials securely
• Notify Provider of significant website changes that may affect scan results

5. Verification and Compliance Status

Provider distinguishes between the following violation statuses:

• Open: Violation detected, not yet addressed
• In Progress: Client is actively working on remediation
• Completed: Client has self-reported the violation as fixed (not independently verified)
• Verified: Provider's scanner has confirmed the violation is no longer present
• Won't Fix: Client has acknowledged but deprioritized the violation

Important: Only "Verified" status represents confirmed remediation. "Completed" is a self-reported status and does not constitute independent confirmation of compliance.

6. Limitation of Liability

Provider's services are designed to assist Client in identifying and remediating WCAG accessibility violations. However, Provider does not guarantee that use of the Services will prevent legal action or result in full legal compliance under the Americans with Disabilities Act (ADA) or any other applicable law.

Provider's liability to Client for any claim arising out of or related to this Agreement shall not exceed the total fees paid by Client in the three (3) months preceding the claim.

Provider is not a law firm and does not provide legal advice. Client should consult qualified legal counsel regarding ADA compliance obligations.

7. Intellectual Property

All scan results, reports, and dashboard content generated by Provider's platform remain the property of Provider. Client is granted a limited, non-transferable license to use such content for internal compliance purposes during the term of this Agreement.

8. Confidentiality

Provider agrees to keep Client's website data and scan results confidential and will not share such data with third parties except as required by law or as necessary to provide the Services.

9. Termination

Either party may terminate this Agreement at any time. Client may cancel their subscription through their account dashboard or by emailing [email protected]. Termination takes effect at the end of the current billing period. Upon termination, Client's access to the dashboard and scan data will be discontinued.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings. Amendments must be made in writing and signed by both parties.

12. Contact

For questions regarding this Agreement, contact:
Andrew Taylor, Founder
Includeify
[email protected]
Bloomfield, CT