Terms of Service

1. Acceptance of Terms

By accessing or using FixMyAccess (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Penguin Alley (“Company,” “we,” “us,” or “our”). If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of Service

FixMyAccess is a website accessibility scanning tool that identifies accessibility violations against WCAG 2.1 AA guidelines and provides AI-generated remediation code suggestions. The Service improves your accessibility score and reduces risk factors associated with inaccessible websites.

The Service does not guarantee full WCAG 2.1 AA compliance, ADA compliance, or legal protection of any kind. Automated scanning identifies approximately 57% of accessibility issues; manual expert review by a certified accessibility professional is necessary for comprehensive coverage. AI-generated remediation suggestions require human review before implementation.

3. User Accounts

Certain features require creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current, and complete information. You must be at least 13 years of age to create an account. We reserve the right to terminate accounts that violate these Terms.

You may not share account credentials, use another person's account, or create accounts by automated means. Notify us immediately at hello@penguinalley.com if you suspect unauthorized access to your account.

4. Payment Terms

Paid plans are billed through Stripe, Inc. By providing payment information, you authorize us to charge your payment method on a recurring basis. Current pricing:

• Starter: $49/month or $490/year (20% savings)
• Professional: $99/month or $990/year (20% savings)
• Agency: $249/month or $2,490/year (20% savings)

All paid plans include a 14-day free trial. You will not be charged until the trial period ends. You may cancel before the trial ends without charge. Subscriptions automatically renew unless canceled. Refunds are not provided for partial subscription periods except where required by law. Prices may change with 30 days' notice.

All payments are processed securely by Stripe. We do not store your full payment card details. Stripe's terms apply to payment processing at stripe.com/legal/ssa.

5. Acceptable Use

You agree not to:

• Scan websites you do not own or have explicit permission to scan
• Use the Service to facilitate illegal activity of any kind
• Attempt to reverse engineer, decompile, or extract our source code
• Use automated means to access or scrape the Service beyond normal intended use
• Represent to clients, regulators, or courts that use of this Service constitutes ADA compliance or guarantees immunity from litigation
• Misrepresent scan results or compliance status to any third party
• Circumvent rate limits, security measures, or access controls
• Transmit malicious code or attempt to disrupt the Service

We may suspend or terminate access for violations of these policies without notice.

6. Intellectual Property

The Service, including all software, designs, trademarks, and content, is owned by Penguin Alley and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited license to use the Service as described herein.

You retain ownership of all content (including website code and scan data) that you submit to the Service. You grant us a limited license to process that content solely to provide the Service. Scan reports generated for your websites are yours to use and distribute.

7. Limitation of Liability

The following disclaimers apply unconditionally to all use of the Service:

1. No compliance guarantee. FixMyAccess identifies violations and reduces risk factors. It does not guarantee WCAG 2.1 AA compliance, ADA compliance, or compliance with any other accessibility standard.
2. No legal protection guarantee. Using this Service does not guarantee that you will not face ADA Title III lawsuits, regulatory action, or other legal proceedings related to web accessibility.
3. Partial coverage only. Automated tools detect approximately 57% of accessibility issues. Manual expert review by a certified accessibility specialist is required for full and comprehensive coverage.
4. AI suggestions require human review. All AI-generated remediation suggestions are labeled as AI-generated and must be reviewed by a qualified developer before implementation. We are not liable for consequences arising from implementing AI suggestions without review.
5. Not a substitute for professional consultation. This Service is not a substitute for professional accessibility consulting, legal advice, or manual auditing by certified accessibility professionals (e.g., CPACC, WAS).
6. Results may vary. Improving your accessibility score reduces risk factors but does not eliminate them. Scores are point-in-time snapshots; websites change continuously and must be re-scanned after updates.
7. Service provided “as is.” We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or that all accessibility issues on your website will be detected.

To the maximum extent permitted by applicable law, in no event shall Penguin Alley, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or ADA-related litigation costs, arising out of or in connection with your use of the Service.

Our total liability to you for any claim shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) $100 USD. Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Penguin Alley and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights, including any misrepresentation of scan results or compliance status.

9. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through the billing portal within your account settings. We may suspend or terminate your access immediately for violations of these Terms, suspected fraud, or any reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. We may retain data for a reasonable period as required by law or our data retention policies. Paid subscriptions canceled mid-period are not refunded except as required by law.

10. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice in the Service at least 14 days before they take effect. Continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. The effective date at the top of this page is updated with each revision.

12. Contact

Questions about these Terms? Contact us at hello@penguinalley.com. We aim to respond within 2 business days (Monday–Friday, CST).