Terms of Service

Version 1.0 · Effective August 8, 2026

Effective Date: Phase-0 (pre-launch); commercial activity has not commenced.

These Terms of Service ("Terms") form a binding agreement between Ellis Intelligence LLC, a Colorado limited liability company doing business as AccessConform ("AccessConform", "we", "us"), and the customer subscribing to or using the Service ("Customer", "you").

The Service is for use by businesses — including software vendors, B2B SaaS companies, technology companies, and professional services firms subject to accessibility conformance documentation requirements. The Service is not for use by consumers.

1. The Service

1.1 AccessConform is a software-as-a-service application that guides software vendors criterion-by-criterion through real, guided accessibility testing — automated scan results plus scripted manual and assistive-technology checks — and produces a structured, properly-formatted Accessibility Conformance Report ("ACR") in the Information Technology Industry Council ("ITI") Voluntary Product Accessibility Template ("VPAT") 2.5 format, plus a remediation gap list and testing-methodology statement.

1.2 Tier-specific features and limits (including any request-volume or usage bands) are described at accessconform.com/pricing. Tier names, and the figures behind them, live on that page and are never restated in these Terms. Tier names: ACR, Maintain, Team. Figures live at accessconform.com/pricing and are never restated here.

1.3 Business Use Only. The Service is intended for use by businesses for business purposes.

1.4 AccessConform Is Software, Not a Certification or Audit Service. AccessConform is a software vendor providing guided accessibility testing tooling and ACR document generation. AccessConform does NOT: - Certify the Customer's product against any standard, including WCAG, Section 508, EN 301 549, or any other standard - Conduct an independent third-party audit or assessment of the Customer's product - Make the Customer's product accessible — it documents where the product stands and identifies gaps; remediation is the Customer's development work - Provide legal advice, compliance counsel, regulatory opinions, or professional advice - Connect to or scan the Customer's product — all testing is conducted by the Customer using the Conformance Studio's guided methodology - Guarantee that the issued ACR will be accepted by any procurement reviewer, enterprise customer, government agency, or court - Guarantee that the Customer is legally compliant with the Americans with Disabilities Act ("ADA"), Section 508, the European Accessibility Act ("EAA"), or any other accessibility law or regulation

The issued ACR is a vendor self-assessment document in the ITI VPAT 2.5 format, guided by the Customer's own recorded testing. See the standalone Disclaimers at accessconform.com/disclaimers for the full framing.

1.5 The Forced-Evidence Gate. AccessConform's Conformance Studio enforces one correctness invariant: a criterion cannot be marked "Supports" in the ACR without the Customer recording a test result (test method, tester, date, and remarks). This gate is the product's core credibility mechanism. It does not verify that the Customer's recorded test was actually conducted — accuracy of test records is the Customer's responsibility. The gate prevents fabrication within the tool; it cannot prevent a Customer from recording a test they did not perform.

1.6 AccessConform and Accessibility Standards; No Affiliation or Endorsement. The WCAG 2.2 success criteria are published by the World Wide Web Consortium ("W3C") Web Accessibility Initiative. ITI VPAT 2.5 is a document format published by the Information Technology Industry Council. Section 508 is a U.S. federal procurement standard. EN 301 549 is a European accessibility standard. AccessConform is not affiliated with, endorsed by, or sponsored by W3C, ITI, the U.S. Government, or any European standards body. Using AccessConform does not create a certification under any of these standards or any government-recognized accessibility status. AccessConform's ACR, marketing pages, and app UI render as plain text/typography only — no seal, badge, ribbon, watermark, or certificate-style graphic — so no surface visually suggests such affiliation, endorsement, or certification.

2. Account

2.1 Account creation requires an authorized representative of the Customer entity.

2.2 Each seat is for a single named individual. Seat-sharing is prohibited. Team members (Team tier only) are managed through the Settings → Team flow under flat single-tenant membership.

3. Subscriptions, Pricing, Billing

3.1 ACR is a one-time purchase; Maintain and Team are monthly subscriptions, billed via Stripe.

3.2 Pricing at accessconform.com/pricing. 30-day notice for material changes.

3.3 Billing via Stripe.

3.5 Refunds. Monthly fees are non-refundable for the current period except pro rata on our material breach or on discontinuation under §10.

3.6 No Service-Level Credits or Refunds. The Service carries no uptime or response-time commitment. No service credit, fee credit, refund, or other remedy arises from any delay, outage, missed response target, or unmet support expectation. The §12.1 limited-warranty remedy and the §10.2 pro-rata refund on our own discontinuation remain the only remedies.

4. Customer Data; Flat Multi-Tenancy

4.1 Ownership. As between us, you own all Customer Data you submit ("Customer Data"), including your organization name, product information, test records (test methods, tester names, dates, remarks), evaluations, and the ACR documents the Service generates for you.

4.2 License to Us. You grant us a limited license to host, store, transmit, display, and process Customer Data solely to provide the Service (including generating your ACR, gap list, and methodology statement, and monitoring accessibility standards for drift on Maintain/Team tiers).

4.3 No Training / No Selling. We do not sell or share Customer Data, and we do not use it to train any model or to improve a Service used by other customers. See our Privacy Policy.

4.4 Flat Per-Tenant Isolation. Each business is one tenant. Single-level isolation is enforced: every tenant-scoped read and write routes through tenant-scoping helpers that raise if the scope is missing, so no tenant can access another tenant's data. There is no nested tenancy and no white-label resale in v1.

5. Acceptable Use

5.1 No reverse engineering, no scraping, no building a competing product from the Service, no resale.

5.2 Customer Test Record Accuracy — Core Responsibility. The Conformance Studio enforces a forced-evidence gate: "Supports" requires a recorded test. However, AccessConform cannot verify that the Customer's recorded test was actually conducted. The Customer bears sole and exclusive responsibility for the accuracy of the test records they enter. An ACR generated from inaccurate or fabricated test records is inaccurate. If a Customer records a test they did not perform, the resulting ACR misrepresents the product's accessibility — which is the Customer's liability, not AccessConform's.

5.3 No False Test Records. Recording "Supports" on a criterion where the Customer has not run the guided test, or recording a test method the Customer did not use, is a breach of these Terms and produces an ACR that misrepresents the product's accessibility. AccessConform's forced-evidence gate is a tool-level safeguard; it does not excuse Customer misrepresentation in the records.

6. AI-Assisted Testing Hints; Output Accuracy

6.1 AI-Assisted Testing Hints. The Conformance Studio uses AI to generate testing hints and remediation suggestions from evaluation remarks, violation descriptions, and sampled HTML. These hints and suggestions are drafts for the Customer's own tester to consider — they may be inaccurate, incomplete, or wrong. The Service does not autonomously mark a criterion "Supports," populate a test record, or issue an ACR from an AI-generated suggestion: the Forced-Evidence Gate requires the Customer's own recorded test result before any criterion can be marked "Supports," and an ACR issues only on the Customer's own action.

6.2 No Warranty of ACR Acceptance. We do not warrant that any issued ACR will be accepted by any procurement reviewer, enterprise customer, government agency, court, or other third party. Every procurement process has its own requirements; some require independent third-party audits that a vendor self-assessment cannot satisfy.

6.3 No Compliance Guarantee. We do not warrant that use of the Service or possession of an issued ACR guarantees compliance with the ADA, Section 508, the EAA, WCAG, EN 301 549, or any other accessibility law, regulation, or standard. Accessibility compliance is a legal determination made in context; AccessConform produces a documentation tool, not a legal conclusion.

6.4 No Autonomous Sharing. AccessConform does not share, publish, or transmit an ACR, a testing hint, or any other AI-assisted output to any procurement reviewer, government agency, or other third party on the Customer's behalf. Because a human — the Customer's own tester — always sits between an AI-generated suggestion and any recorded test result or issued ACR, this sits in the standard disclaimer-plus-no-auto-action tier, not the stricter tier reserved for brands whose own output reaches a regulator or external party directly.

7. ACR Documents; Immutability

7.1 Ownership. Issued ACRs are Customer property (subject to the license above). AccessConform does not share, publish, or transmit ACRs to third parties on the Customer's behalf.

7.2 Immutability. Once issued, an ACR cannot be modified. The ACR records the test results, methodology, and coverage as of the evaluation date. If the product changes and the Customer wishes to issue an updated ACR, they must conduct a new evaluation and issue a new version; the prior version is archived (superseded) in the ACR library.

7.3 ACR Sharing. When the Customer shares an issued ACR with a procurement reviewer, enterprise customer, government agency, or other third party, that sharing is the Customer's act, not AccessConform's. AccessConform is not a party to any transaction, procurement, or agreement the Customer enters into using the ACR.

7.4 Methodology Statement and Disclaimer. Every issued ACR includes a methodology statement (auto-built from the Customer's recorded test records) and a disclaimer block stating that the ACR is a self-assessment conducted by the Customer, not an independent third-party audit or certification, and does not guarantee compliance. These elements are hard-wired into the ACR template and cannot be removed or edited by the Customer. The ACR renders as plain text/typography only — no seal, badge, ribbon, watermark, or certificate-style graphic — so its presentation does not suggest independent third-party verification.

8. Intellectual Property

8.1 Service IP. The Service, software, criteria reference data, and tooling are owned by us. The Customer receives a limited, non-exclusive, non-transferable license to use the Service during the subscription term.

8.2 Feedback. Standard perpetual-license grant on feedback.

8.3 Customer References. We may identify you as a customer (name, logo) on the customers page unless you opt out.

8.4 IP & Assignment Rider. An IP & Assignment Rider addressing ownership and assignment of intellectual property is incorporated by reference into these Terms and controls over this §8 and over §15.4 on the subjects within its scope.

8.5 Present assignment of Derivative IP. To the extent any Derivative IP would otherwise vest in Customer — by operation of law, under any work-made-for-hire or commissioned-work doctrine, because Customer's use, Inputs, or Feedback contributed to it, or on any other basis — Customer hereby irrevocably and presently assigns to Company all right, title, and interest in and to that Derivative IP, effective automatically upon its creation and without further action or consideration.

9. Privacy and Data Processing

9.1 Privacy Policy at accessconform.com/privacy. We are the controller for marketing-site visitors and Customer account/billing contacts, and the processor for the compliance data you place under your tenant. Where the Data Processing Addendum and these Terms conflict as to the processing of Customer Data, the DPA controls; this Privacy Policy is a notice, not a contracting instrument.

10. Suspension and Termination

10.1 By You. Cancel anytime; effective at the end of the paid monthly period. 10.2 By Us. Material breach, violation of §5 (Acceptable Use), or non-payment. 30 days' notice with pro rata refund for any discontinuation we initiate, paid within 30 days after the effective date of termination. 10.3 Effect. Customer Data deleted within 30 days of termination unless retention is required by law or export is requested. 10.4 Survival. Sections 4 (data), 6 (outputs/disclaimers), 8 (IP), 11 (Confidentiality), 12 (Warranties), 13 (Liability), 14 (Indemnification), 15 (General) survive.

11. Confidentiality

Treat all Customer Data as confidential information; standard confidentiality commitments; 5-year survival; trade-secret indefinite.

12. Warranties and Disclaimers

12.1 Limited Warranty. The Service performs substantially per documentation. Exclusive remedy: repair or pro rata refund.

12.2 Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

12.3 No Warranty of ACR Acceptance. We do not warrant that any issued ACR will be accepted by any procurement reviewer, enterprise customer, government agency, court, or other third party. Every procurement process has its own requirements; some require independent third-party audits that a vendor self-assessment cannot satisfy.

13. Limitation of Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR ANY DAMAGES ARISING FROM A FAILED CONTRACT, DISQUALIFIED BID, REGULATORY ACTION, OR FCA PROCEEDING, EVEN IF ADVISED.

13.2 OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13.3 No Liability for Regulatory or Enforcement Outcomes. We are not liable for any finding, inquiry, investigation, determination, or enforcement action by any regulatory, administrative, or enforcement body of any kind — including without limitation the DOJ, HUD, any state attorney general, any state or local human-rights or civil-rights agency, or any private plaintiff or plaintiff's counsel — arising under the ADA, Section 508, the EAA, any state accessibility or anti-discrimination statute, or any other law or regulation. This carve-out is stated as broadly as possible and applies uniformly regardless of the specific statute, regulation, or regulatory or enforcement body involved; a party asserting that this carve-out does not apply to a particular claim, statute, or regulatory or enforcement body bears the burden of establishing that, rather than us bearing the burden of having disclaimed each one individually.

14. Indemnification

14.1 Stated in the contract you execute. Both indemnities — ours for IP infringement and yours — are stated in full on the face of §7 of the AccessConform Engagement & Tiers SOW ("7. Indemnification — the executed-instrument provision"), together with the claim procedure. That §7 is the indemnification block carried on the face of the click-signed Order Form you accept, rendered above the agree control. Those provisions govern; this §14 is a cross-reference and does not restate them.

14.2 No separate indemnity. These Terms state no indemnification obligation separate from, additional to, or narrower than SOW §7, and nothing in these Terms enlarges or limits it. Where these Terms refer to the §14 indemnity (§10.4 survival), the reference is to SOW §7.

15. General Provisions

15.1 Governing Law. Colorado. The United Nations Convention on Contracts for the International Sale of Goods ("CISG") does not apply. 15.2 Disputes. Binding arbitration via JAMS in Boulder County, CO. Each party waives any right to a jury trial and to participation in any class, collective, or representative proceeding. Either party may seek injunctive relief in court for §5, §6, §8, or §11 breaches. 15.3 Notices, Force Majeure, Entire Agreement, Modifications (30-day), Severability, No Waiver, Independent Contractors. Standard. Written notice under these Terms (email to the billing contact or in-product notice) is deemed given when sent or first displayed; any notice period runs from that date, and failure to read a notice does not extend it. 15.4 Assignment; Change of Control. You may not assign, delegate, or transfer these Terms, in whole or in part, whether by operation of law, merger, or change of control, without our prior written consent; any attempted assignment in violation of this sentence is void. We may, without your consent and without notice except as any applicable data-protection law requires, assign or transfer these Terms and all of our rights and obligations under them, in whole or in part, (a) to a successor or acquirer in connection with a merger, acquisition, or sale of substantially all of our business or assets, or (b) to an affiliate, subsidiary, or newly formed entity in connection with a corporate conversion, reorganization, or contribution or drop-down of assets undertaken to effect a sale, reorganization, or transfer of the specific business line or product to which these Terms relate. Upon such an assignment, all of our rights under these Terms pass to the assignee, the assignee assumes our obligations arising after the assignment, and your continued use of the Service constitutes acknowledgment of the assignee as "AccessConform" going forward. A change in our ownership, control, equity holders, or entity form is not a breach of, default under, or ground to terminate, suspend, renegotiate, or re-price these Terms, and does not trigger any right of termination, consent, first refusal, most-favored-nation, audit, or refund on your part. This §15.4 controls over any contrary term in a Customer purchase order or procurement addendum.

15.5 Regional and Supplemental Terms. No jurisdiction-specific supplemental term applies today. Where a supplemental jurisdiction-specific term applies, it controls over a conflicting general term of these Terms for that jurisdiction only.

16. Changes to Terms

We will provide 30 days' written notice (email to the Customer's account contact or in-product notice) of material changes to these Terms. Notice is deemed given when sent; the 30-day period runs from when notice is sent, and failure to read notice does not extend it. Continued use of the Service after the notice period constitutes acceptance of the updated Terms. For non-material changes (corrections, clarifications, additions of non-substantive provisions), we will update the Terms and note the revision date.

Contact

AccessConform — Ellis Intelligence LLC Email: [email protected] Address: 1500 N Grant St, Ste N, Denver, CO 80203, USA