Accessibility Monitoring Terms
Version 260929
These Accessibility Monitoring Terms (the "Terms") are an agreement between BABBAGE, LLC, a Nevada limited liability company ("Babbage," "we," or "us"), and the business that signs up ("Client" or "you"). By checking the box and completing checkout, you agree to these Terms. If you have a separate website agreement with Babbage, these Terms add to it, and the provisions of that agreement that are more protective of Babbage also apply.
1. The Service
While your subscription is active, Babbage will, each month:
(a) run an automated accessibility scan of the website you identify at signup (the "Website") against selected WCAG 2.2 Level AA success criteria, using tools Babbage selects;
(b) deliver a written summary of flagged items;
(c) perform up to one (1) hour of remediation of flagged items on pages Babbage built and hosts, with unused time expiring monthly; and
(d) provide or maintain an accessibility statement page with a contact method, where Babbage hosts the Website.
If you notify Babbage of an accessibility demand or claim, Babbage will, within five (5) business days, run a scan and deliver a technical remediation report for you to give to your attorney or insurer. Any further remediation is available only by separate written quote. For websites Babbage does not build or host, the Service is limited to scanning and reporting.
2. Limits of Automated Testing
Automated tools detect only a portion of potential accessibility barriers, may produce false positives and false negatives, and do not replace manual or assistive-technology testing. The absence of flagged items is not a representation that the Website is accessible or conforms to any law or standard.
3. No Guarantee; Not Legal Advice or Insurance
The Service is a risk-reduction service only. Babbage does not warrant or guarantee that the Website conforms to WCAG or complies with the Americans with Disabilities Act, the Unruh Civil Rights Act, or any other law, or that you will not receive a demand, complaint, or lawsuit. Babbage is not a law firm and does not provide legal advice. The Service is not insurance, indemnity, or a promise to defend, pay, negotiate, or settle any claim. You are solely responsible for your legal compliance and should consult your own attorney.
4. Your Content and Changes
The Service does not cover content, media, documents, third-party tools, embedded services, or pages that you supply, upload, edit, or control. You are responsible for their accessibility, including alt text, captions, and PDF accessibility.
5. Claims; Release; Waiver of Subrogation; Indemnity
(a) Notice. You will notify Babbage in writing within ten (10) business days after receiving any accessibility demand, complaint, or claim concerning the Website.
(b) Release; Waiver of Subrogation. To the maximum extent permitted by law, you release Babbage and its affiliates, owners, managers, members, employees, and contractors from any claim, demand, settlement, or judgment arising from the accessibility of the Website or your compliance with accessibility laws, and you waive, and will cause your insurers to waive, any right of subrogation, contribution, or indemnity against any of them for any such matter, except in each case to the extent finally determined to have been caused by Babbage's gross negligence or willful misconduct.
(c) Indemnity. You will defend, indemnify, and hold harmless Babbage and its affiliates, owners, managers, members, employees, and contractors from all claims, losses, liabilities, damages, costs, and expenses, including attorneys' fees, arising from the Website, your content, your compliance obligations (including accessibility demands and claims), or your breach of these Terms.
6. Disclaimer; Limitation of Liability
To the maximum extent permitted by law, the Service is provided "as is" and "as available," and Babbage disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Babbage's aggregate liability arising out of or relating to the Service shall not exceed the fees you paid for the Service in the three (3) months before the claim arose, and Babbage shall have no liability for any indirect, incidental, consequential, special, exemplary, punitive, lost-profit, lost-revenue, business-interruption, or third-party damages, including amounts paid to settle or satisfy any third-party claim, under any theory of liability.
7. Fees; Renewal; Cancellation
The Service is billed monthly in advance through Stripe at the price shown at checkout and renews automatically each month until canceled. You may cancel at any time by emailing contracts@babbagellc.com or through any customer portal we provide; cancellation takes effect at the end of the current billing month. Fees already paid are non-refundable except where required by law. Babbage may suspend the Service for non-payment and may cancel on thirty (30) days' notice. Babbage may change the price on thirty (30) days' notice, and you may cancel before the change takes effect.
8. Business Use
You represent that you are acquiring the Service for business purposes and have authority to agree to these Terms on behalf of the business identified at signup.
9. Governing Law; Venue
These Terms are governed by Nevada law without regard to conflict-of-laws rules. Exclusive venue for any action arising out of or relating to these Terms lies in the state and federal courts located in Clark County, Nevada. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest of these Terms remain in effect.
10. Entire Agreement; Changes
These Terms, together with any separate written website agreement between you and Babbage, are the entire agreement about the Service. Babbage may update these Terms for new signups; changes to your existing subscription take effect on thirty (30) days' notice.