Last updated: 3 August 2026
These Terms govern business purchases from EAA Clarity. EAA Clarity is a service of Awedesk, Inc. We provide human-reviewed accessibility scans and custom accessibility audits. A report is technical evidence and remediation guidance, not legal advice, legal certification, or a guarantee of compliance.
1. About these Terms
These Terms of Service form a binding agreement between Awedesk, Inc., a Delaware corporation with a registered address at 651 N Broad St, Suite 206, Middletown, Delaware 19709, United States, referred to as “EAA Clarity”, “we”, “us”, or “our”, and the organisation identified in the order, referred to as the “Customer”.
By placing an order, accepting a quote, or using a paid service, the Customer accepts these Terms, the applicable order or statement of work, the Privacy Policy, and the Refund Policy. If documents conflict, a signed statement of work prevails for that project, followed by the order, these Terms, and the policies.
2. Business-only eligibility
Our services are offered only to organisations and persons acting for business or professional purposes. They are not offered to consumers. The person placing an order confirms that they are acting on behalf of an organisation, have authority to bind it, and are not purchasing mainly for personal, family, or household use.
We may request reasonable evidence of business status, registration, tax status, or purchasing authority. We may pause or reject an order if that information is incomplete or cannot be verified.
3. Services and standard scan scope
A standard scan covers one selected public website. We crawl publicly reachable HTML pages found through available sitemaps and internal links, analyse the results, group repeated findings, and have a person review the report before delivery.
- A selected naked domain and its www counterpart count as one website when they lead to the same site.
- A selected folder, such as example.com/support/, limits the scope to public pages inside that folder.
- Unrelated subdomains, mobile apps, logged-in areas, checkout flows, documents, and journeys requiring user interaction are outside a standard scan unless expressly included in writing.
- A custom audit follows the scope, methods, assumptions, deliverables, and timetable stated in the accepted quote or statement of work.
4. Orders and scope information
The Customer must provide the exact target URL, a valid audit contact, accurate billing details, and any information reasonably needed to perform the service. The Customer authorises us and our technical providers to send ordinary automated accessibility and page-discovery requests to the stated public scope.
An order is accepted when payment is authorised or we confirm acceptance in writing. We may contact the Customer before starting if the target, scope, business identity, tax treatment, technical access, or price needs clarification.
5. Delivery target
For a standard scan, we aim to deliver the human-reviewed PDF report within 24 hours after all of the following are available: successful payment, a valid target URL, sufficient crawl access, and any required scope clarification. This is a service target, not a guaranteed deadline.
Delivery may take longer when a site blocks scanning, contains an exceptionally large number of pages, changes during the scan, has unusual technical complexity, or requires Customer action. We will contact the Customer when a material scope or access issue is identified.
6. Fair use
Standard prices assume a public website of ordinary commercial size and technical complexity. Fair use applies to exceptionally large or technically complex sites. We will not silently reduce the agreed scope. If standard scanning capacity is exceeded, we may pause work and propose a revised scope, timetable, or fee. The Customer may decline the revision and receive any refund due under the Refund Policy for work not performed.
7. Monitoring subscriptions
Ongoing monitoring renews automatically at the selected monthly or annual interval until cancelled. Each paid period includes one full scan of the selected public scope for that period, human review, and portal report history, subject to fair use.
The payment method on file may be charged at each renewal. The Customer can cancel through the client portal or by contacting us. Cancellation takes effect at the end of the current paid period and prevents future renewals. Unless required by law or expressly agreed, cancellation does not create a prorated refund for the current period. A failed payment may suspend future scans and portal services after reasonable notice.
8. Fees, taxes, and invoices
Fees are those shown at checkout or in the accepted quote. Prices exclude taxes. Any tax required by law will be shown at checkout or on the invoice when applicable.
The Customer must provide accurate legal name, business address, country, registration details, and VAT or tax identification number where applicable. Where the Customer is legally required to account for VAT or a similar tax under a reverse-charge mechanism, the Customer is responsible for doing so. We may correct an invoice or collect tax later if required by law or if information supplied by the Customer was inaccurate.
9. Refunds and service corrections
The Refund Policy is incorporated into these Terms. A Customer may request cancellation before work begins. Once a scan or audit has been generated and delivered, the fee is non-refundable, except where a mandatory rule requires otherwise or we agree that the service was materially defective.
If a delivered report materially fails to match the agreed scope because of our error, the Customer must notify us within 14 days and provide enough detail to investigate. Our first remedy may be to correct or repeat the affected work without additional charge.
10. Customer responsibilities
The Customer confirms that it owns, controls, operates, or has permission to test the target. The Customer must not submit a target for unlawful surveillance, disruption, security testing, credential collection, or any purpose outside accessibility evaluation.
The Customer must maintain backups, protect account credentials, review findings before deploying changes, and use qualified personnel for remediation. The Customer must not provide passwords, payment-card data, health data, or other sensitive information through the comments field. Access to non-public systems must be arranged separately in writing for a custom audit.
11. Reports and permitted use
A report describes findings observed at a point in time within the agreed scope and using the stated methods. Websites, standards, assistive technologies, and legal interpretations change. Results may differ after code, content, configuration, or third-party services change.
The Customer may use and reproduce its report internally and may share it with its developers, professional advisers, insurers, regulators, customers, or contractors for remediation, assurance, procurement, or legal review. The Customer may not resell, sublicense, publish as a competing product, or remove ownership notices from our methods, templates, or explanatory material.
12. No legal advice or compliance certificate
Accessibility law depends on the Customer, service, jurisdiction, exemptions, evidence, and facts beyond a website scan. Automated testing cannot identify every accessibility barrier, and human review of automated findings does not turn a standard scan into a full manual audit.
We do not act as the Customer’s lawyer, regulator, certification body, or compliance officer. No report guarantees conformity with the European Accessibility Act, national implementing law, WCAG, EN 301 549, procurement rules, or any other legal or technical requirement. The Customer remains responsible for its legal assessment and compliance decisions.
13. Confidentiality, privacy, and portal security
Each party will use reasonable care to protect non-public information received from the other and will use it only to perform or receive the services, exercise legal rights, or meet legal duties. This duty does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source.
Reports are made available to the account associated with the order. The Customer is responsible for authorised users and account security. Our processing of personal data is described in the Privacy Policy. Public website content may be processed as necessary to perform the scan.
14. Intellectual property
Each party keeps ownership of material, software, data, trademarks, methods, and intellectual property it owned or developed independently of the services. After full payment, the Customer receives a perpetual, worldwide, non-exclusive licence to use the delivered report as allowed by section 11.
We retain ownership of our scanning systems, check libraries, methods, templates, know-how, and improvements that do not disclose the Customer’s confidential information. Feedback may be used without restriction or payment.
15. Third-party systems
The services may depend on hosting providers, payment processors, email services, browsers, assistive technologies, standards, and third-party website components. We are not responsible for a third party’s independent service, outage, or change, but we remain responsible for selecting and managing our processors as required by applicable law.
16. Suspension and termination
We may suspend or terminate an order or account for material breach, non-payment, unlawful use, security risk, abuse of scanning capacity, false business information, or a request that could harm a third party. Where reasonably possible, we will give notice and an opportunity to remedy the issue.
Termination does not affect accrued payment obligations, confidentiality, intellectual property, report-use rights already granted after payment, limitations of liability, or other provisions intended to survive.
17. Warranties and disclaimers
We warrant that we will perform the services with reasonable care and skill and materially in accordance with the agreed scope. Except for that express warranty and to the maximum extent permitted by law, the services and reports are provided as available, without warranties of uninterrupted operation, complete detection, legal compliance, merchantability, or fitness for a particular purpose.
18. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, or consequential loss, or for lost profit, revenue, goodwill, business opportunity, or data, arising from these Terms or the services.
Our total aggregate liability arising from an order or subscription will not exceed the fees paid or payable by the Customer for that order or, for a subscription claim, during the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence where applicable.
19. Indemnity
The Customer will defend and indemnify Awedesk, Inc. against a third-party claim, loss, or reasonable cost arising from the Customer’s lack of authority to scan the submitted target, unlawful instructions, material supplied by the Customer, or use of a report in breach of these Terms. This obligation does not apply to the extent the claim was caused by our breach or misconduct.
20. Force majeure
Neither party is liable for delay caused by events beyond its reasonable control, including internet or infrastructure failure, widespread platform outage, natural disaster, war, civil disturbance, government action, labour disruption, or a third-party security incident. Payment obligations for services already delivered are not excused.
21. Governing law and disputes
These Terms and each order are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party consents to that jurisdiction and venue.
This choice does not exclude an overriding mandatory rule that applies regardless of the chosen law. Before filing a claim, each party will give written notice and allow 30 days for good-faith settlement discussions, unless urgent injunctive relief is reasonably required.
22. Changes to these Terms
The Terms accepted when an order is placed govern that order. We may update these Terms for future orders. For an ongoing subscription, we may make reasonable updates by giving advance notice. A material change will take effect no earlier than the next renewal after notice, unless an earlier change is required by law or needed to address an urgent security issue.
23. General and contact
The Customer may not assign an order without our written consent, except as part of a merger or transfer of substantially all relevant business assets. We may assign these Terms to an affiliate or successor. Neither party creates a partnership, agency, employment, or fiduciary relationship with the other.
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions continue. Failure to enforce a provision is not a waiver. Electronic records and acceptance are valid. These Terms, the order, and incorporated policies are the entire agreement about the services they cover.
Questions and legal notices may be sent through the Contact page. Notices to Awedesk, Inc. may also be sent to its registered address stated in section 1.