← XELTA FORGE

Terms of Service

Last updated: December 18, 2024

1. Agreement to Terms

By accessing or using XELTA FORGE ("Service"), operated by XELTA Studios ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Nature of Service - IMPORTANT DISCLAIMER

XELTA FORGE is a diagnostic tool only. Our service scans publicly accessible websites and provides reports based on automated analysis against Web Content Accessibility Guidelines (WCAG) 2.1 standards.

BY USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

  • This is NOT legal advice. We are not lawyers, and our reports should not be construed as legal counsel.
  • This is NOT a guarantee of compliance. A passing score does not mean your website is fully compliant with ADA, Section 508, or any other accessibility law.
  • This is NOT a substitute for professional accessibility audits. Automated tools have inherent limitations and cannot detect all accessibility issues.
  • This is NOT protection against lawsuits. Using our service does not immunize you from legal action related to accessibility.
  • Manual audits may yield different results. Human evaluators may identify issues that automated scans cannot detect.

We strongly recommend consulting with certified accessibility professionals and legal counsel for comprehensive accessibility compliance.

3. Permitted Use

You agree to use the Service only for lawful purposes. Specifically, you may NOT:

  • Scan websites you do not own or have explicit permission to scan
  • Use the Service to harass, threaten, or extort website owners
  • Use scan results to send fraudulent legal demand letters
  • Attempt to circumvent usage limits or security measures
  • Reverse engineer, decompile, or disassemble the Service
  • Use the Service in any way that could damage, disable, or impair it
  • Use automated scripts to access the Service beyond normal usage

4. Account Terms

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • We may suspend or terminate accounts that violate these Terms
  • One person or organization may not maintain multiple free accounts

5. Payment and Refunds

5.1 Billing

  • Paid plans are billed on a monthly or annual basis
  • All fees are non-refundable except as expressly stated
  • We may change pricing with 30 days' notice
  • Failure to pay may result in suspension or termination of your account

5.2 Cancellation

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of the current billing period
  • No partial refunds for unused portions of a billing period

6. Intellectual Property

6.1 Our Ownership

XELTA FORGE, including its software, design, logos, and documentation, is owned by XELTA Studios and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

6.2 Your Content

You retain ownership of scan reports generated for your use. However, you grant us a license to use anonymized, aggregated data for improving our Service and for statistical purposes.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
  • WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF SCAN RESULTS. AUTOMATED ACCESSIBILITY TESTING HAS INHERENT LIMITATIONS.
  • IN NO EVENT SHALL XELTA STUDIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
  • OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
  • WE ARE NOT LIABLE FOR ANY LEGAL ACTION, LAWSUIT, OR CLAIM BROUGHT AGAINST YOU RELATED TO YOUR WEBSITE'S ACCESSIBILITY, REGARDLESS OF YOUR USE OF OUR SERVICE.

8. Indemnification

You agree to indemnify, defend, and hold harmless XELTA Studios and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any claim that your website or its content violates accessibility laws

9. Termination

Either party may terminate this agreement at any time. Upon termination:

  • Your right to access the Service will cease immediately
  • Scan data associated with your account will be deleted within 30 days
  • No refunds will be provided for any remaining subscription period
  • Sections 2, 6, 7, 8, 10, and 11 shall survive termination

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the decision shall be final and binding.

CLASS ACTION WAIVER: You agree that any arbitration or court proceeding shall be limited to the dispute between you and XELTA Studios individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and XELTA Studios regarding the Service and supersede all prior agreements and understandings.

14. Contact Us

If you have any questions about these Terms, please contact us:

Terms of Service - XELTA FORGE