Zikes — ADA/WCAG Compliance Monitor

1. Acceptance of Terms

By accessing or using the Zikes website compliance monitoring service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Zikes provides automated website accessibility scanning and compliance monitoring tools. The Service scans websites for potential ADA and WCAG compliance issues, estimates legal risk exposure, and provides remediation guidance. The Service is intended as an informational tool and does not constitute legal advice.

3. Account Registration

To access certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information during registration and to update such information as necessary.

4. Free Scan & Paid Subscriptions

Zikes offers a free single-page scan with limited results. Full access to scan results, ongoing monitoring, and advanced features requires a paid subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually) through our payment processor, Stripe. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period.

5. Refund Policy

We offer a 14-day money-back guarantee for new subscriptions. If you are not satisfied with the Service within the first 14 days of your initial subscription, you may request a full refund by contacting our support team. Refunds are not available after the 14-day period or for subscription renewals.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not: (a) use the Service to scan websites you do not own or have authorization to scan; (b) attempt to reverse-engineer, decompile, or disassemble any part of the Service; (c) use the Service to harass, abuse, or harm others; (d) interfere with or disrupt the Service or its infrastructure; or (e) resell or redistribute the Service without prior written consent.

7. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of Zikes and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of any data you submit to the Service, but grant us a limited license to process such data as necessary to provide the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZIKES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. SCAN RESULTS AND RISK ESTIMATES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR LEGAL GUIDANCE REGARDING ADA COMPLIANCE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIKES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Zikes and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, 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.

12. Contact

If you have any questions about these Terms, please contact us at [email protected].