Agreement to terms
By accessing or using Access Shift, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree, do not use the service.
Accounts
You must provide accurate information when registering and keep your credentials confidential. You are responsible for activity under your account. Notify us promptly at the contact below if you suspect unauthorized access.
Subscriptions and billing
Paid plans are billed in advance on a recurring basis (monthly or annually) until cancelled. Fees are non-refundable except where required by law. We may change pricing for future billing cycles with reasonable notice; the change will take effect at your next renewal.
You may cancel at any time from the subscription page in your dashboard. Cancellation stops future renewals; access continues through the end of the current paid period.
Acceptable use
You agree not to:
- Use the service to violate any law or third-party right.
- Scan, probe, or remediate sites you do not own or are not authorized to remediate.
- Reverse engineer, decompile, or attempt to extract source code from our service except to the extent expressly permitted by law.
- Resell, sublicense, or otherwise commercially exploit the service outside the scope of your subscription.
- Interfere with the service's integrity, performance, or security, including by submitting malicious content or excessive traffic.
Your content
You retain ownership of the websites, configuration, and other content you submit to the service (“Customer Content”). You grant Access Shift a worldwide, non-exclusive, royalty-free licence to host, process, and display Customer Content as needed to provide the service to you. You are responsible for ensuring that your use of the service with that content complies with applicable law and any third-party rights.
Automated scans and reports
Automated scans evaluate only the pages, states, and content the scanner can reach at the time of a scan, within your plan and configured scan limits. They may not cover every page, authenticated or interactive state, third-party component, document, or multimedia item. Network failures, access restrictions, and changes to your site can affect results.
Reports, scores, issue counts, and suggested fixes are point-in-time technical findings, not a complete accessibility audit, legal certification, or proof of compliance. Automation may miss issues or flag issues that require human judgment. Review the findings, verify fixes, and use manual testing, including assistive-technology testing, to assess what automation cannot determine.
The remediation widget
The widget executes in visitors' browsers and modifies the live DOM of pages where you embed it. By installing the widget you confirm that you are authorized to modify the relevant site and that you accept the runtime nature of those modifications. We provide a revert function (window.__accessai_revert()) for debugging.
Runtime changes do not repair your underlying source code and may not run when the script is blocked, unavailable, removed, or incompatible with other code. They do not replace manual or source-level remediation. You are responsible for testing the widget and its changes before and after installation and after site updates, including with keyboards, assistive technologies, and your important user flows. Monitor compatibility and address issues the widget does not resolve.
No legal advice; customer responsibility
Access Shift is a software service. Nothing we publish — on our website, in our dashboard, in our marketing, in our documentation, or in communications from our staff — constitutes legal advice regarding the Americans with Disabilities Act, Section 508, the European Accessibility Act, EN 301 549, AODA, ACA, or any other accessibility law or regulation. You should consult qualified counsel about your specific obligations.
You are solely responsible for the accessibility of your website and for compliance with all laws and regulations that apply to it. This includes the design, source code, content, documents, multimedia, customer-support channels, and any third-party scripts or integrations you choose to load. Access Shift is a tool you may use as part of your accessibility program; it does not assume your legal obligations and it does not act as your accessibility officer, auditor, or counsel.
Compliance disclaimer
Access Shift targets WCAG 2.2 Level AA as a strong technical baseline. WCAG conformance is not a legal certification, and automated tooling cannot evaluate or remediate every accessibility requirement under every applicable law. We strongly recommend pairing the service with periodic source-level audits and manual testing by people who use assistive technologies. We do not guarantee that use of the service will, on its own, render any website compliant with the ADA, Section 508, the EAA, EN 301 549, AODA, ACA, or any other law.
No statement made on our website, in our marketing materials, in our dashboard, or by our staff modifies this disclaimer. If anything you have read or been told suggests that the service guarantees legal compliance, “full” coverage of any law, immunity from litigation, or any specific outcome, that suggestion is superseded by this section. Only the written terms of this agreement (and any signed order form referring to it) control.
No litigation protection or claims payment
Using Access Shift does not prevent demand letters, complaints, investigations, or lawsuits. Unless separately agreed in writing, the service does not include legal representation, a duty to defend you, insurance, reimbursement, or payment of claims, damages, settlements, penalties, or legal fees. Obtain independent legal advice if a claim arises. This section does not exclude rights, remedies, or liabilities that applicable law does not allow the parties to waive.
Intellectual property
The Access Shift service, including the dashboard, scanner, widget, and all related software and documentation, is owned by Access Shift and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable licence to use the service in accordance with these terms.
Warranty disclaimer
The service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising out of course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, error-free, or free from harmful components.
Limitation of liability
To the maximum extent permitted by law, Access Shift will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or in connection with the service. Our aggregate liability for any claims arising out of or relating to the service will not exceed the greater of (a) the fees you paid us in the twelve months preceding the event giving rise to the claim or (b) one hundred US dollars.
Indemnification
You will defend, indemnify, and hold harmless Access Shift and its officers, employees, and contractors from any third-party claim arising from (i) your Customer Content, (ii) your use of the service in breach of these terms, or (iii) your violation of any law or third-party right.
Termination
You may stop using the service at any time. We may suspend or terminate access if you breach these terms or if continued provision would expose us to legal or security risk. Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability, and indemnification — will survive.
Governing law
These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Subject to the arbitration section below, the exclusive venue for any dispute that is not subject to arbitration is the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
Binding arbitration and class-action waiver
Please read this section carefully. It requires you to resolve disputes with Access Shift through individual binding arbitration and waives your right to participate in class actions and jury trials.
Agreement to arbitrate. You and Access Shift agree that any dispute, claim, or controversy arising out of or relating to the service or these terms (each, a “Dispute”) will be resolved exclusively by final and binding arbitration, rather than in court, except that (i) you may assert claims in small-claims court if your claims qualify and remain in that court and on an individual basis, and (ii) either party may bring an action in court solely to enjoin infringement or other misuse of intellectual property rights.
Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for a customer that is a business, its Commercial Arbitration Rules), as modified by these terms. The arbitration will be conducted by a single arbitrator. The seat of arbitration is Wilmington, Delaware, USA. The arbitrator may conduct hearings by videoconference. The arbitrator's award will be final and may be entered as a judgment in any court of competent jurisdiction.
Class-action waiver. You and Access Shift each agree that any Dispute will be brought in the party's individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, mass, representative, or private-attorney-general proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides that applicable law prevents enforcement of this class-action waiver as to any particular claim, that claim (and only that claim) must be severed from the arbitration and may be brought in court, with all other claims continuing in arbitration.
30-day opt-out. You may opt out of this arbitration and class-action waiver by sending written notice to legal@accessshift.com within 30 days after you first accept these terms (or, for an existing customer, within 30 days after this section is first published). The notice must include your name, the email address on your account, and an unambiguous statement that you wish to opt out of arbitration. If you validly opt out, this section will not apply to you; the remaining sections of these terms (including Governing law) will continue to apply.
Survival and severability. This section survives termination of these terms. If any part of this section other than the class-action waiver is found unenforceable, the remainder of this section will continue in effect. If the class-action waiver is found unenforceable in its entirety, then the entire arbitration section will be null and void as to the affected Dispute, and that Dispute will proceed in court under the Governing law section.
Mandatory rights and severability
All disclaimers, liability limits, indemnification obligations, governing-law and venue provisions, and arbitration restrictions apply only to the extent permitted by applicable law. Nothing in these terms excludes or restricts mandatory consumer protections, statutory warranties or remedies, or liability for fraud, intentional misconduct, gross negligence, death or personal injury, or any other liability to the extent it cannot lawfully be excluded or limited. Nothing here requires you to indemnify Access Shift for its own conduct where applicable law prohibits that requirement.
If a provision is invalid or unenforceable, the remaining provisions continue to apply to the extent lawful. The specific severability rules in the arbitration section govern that section. Mandatory rights to a court, forum, or remedy remain available where applicable law requires them.
Changes to these terms
We may revise these terms from time to time. When we make material changes we will update the “Last updated” date and, where appropriate, notify you in the dashboard or by email. Continued use of the service after the change takes effect constitutes acceptance.
Contact us
Questions about these terms? Email legal@accessshift.com .