Terms of Service

1. Eligibility and Accounts

You must be at least 18 years old and have the authority to bind the organization you represent to these Terms. When you create an account, you agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials, including your API key, and for all activity that occurs under your account.

You must notify us immediately at hello@inklu.io if you become aware of any unauthorized use of your account.

2. Description of Services

inklu provides automated accessibility scanning for web applications through a GitHub bot integration and optional command-line interface. The Services include scanning code changes for WCAG accessibility violations, providing violation reports and fix suggestions, generating compliance reports, and providing a dashboard for tracking compliance over time.

The Services use automated scanning technology and artificial intelligence to detect accessibility issues. While we strive for accuracy, automated scanning cannot detect all accessibility barriers. The Services are not a substitute for manual accessibility testing, expert audits, or legal advice regarding compliance with accessibility laws and regulations.

3. Trial Period

We may offer a trial period allowing you to evaluate the Services at no charge. During the trial, you receive access to the full platform with usage limits as communicated to you. We reserve the right to modify or terminate trial offerings at any time. At the end of the trial period, continued use of the Services requires a paid subscription.

4. Payment and Billing

If you subscribe to a paid plan, you agree to pay all applicable fees as communicated to you. Payment terms, billing frequency, and pricing will be established during your onboarding process. All fees are quoted in Canadian dollars unless otherwise specified.

Fees are non-refundable except as required by applicable law or as explicitly stated in a written agreement between you and inklu. We reserve the right to modify pricing with 30 days' written notice. Price changes will not apply retroactively to the current billing period.

5. Acceptable Use

You agree not to use the Services to violate any applicable law or regulation, infringe on the intellectual property rights of others, attempt to gain unauthorized access to our systems or other users' accounts, interfere with or disrupt the integrity or performance of the Services, reverse engineer, decompile, or disassemble any part of the Services, use the Services to scan websites or repositories you do not own or have authorization to scan, resell or redistribute access to the Services without our written consent, or use the Services in any manner that could damage, disable, or impair our infrastructure.

We reserve the right to suspend or terminate your access if we reasonably believe you are violating these Terms.

6. GitHub Integration

The Services integrate with GitHub through OAuth authentication and a GitHub bot. By connecting your GitHub account and repositories to inklu, you represent that you have the authority to grant us access to those repositories and that your use of the Services complies with GitHub's Terms of Service and any applicable organizational policies.

We access your repositories solely to perform accessibility scans and related functions. You may disconnect your repositories or revoke our access at any time through your GitHub settings or your inklu account settings.

7. Intellectual Property

Our IP: The Services, including all software, algorithms, interfaces, documentation, and branding, are owned by inklu and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services.

Your IP: You retain all rights to your source code, content, and data. By using the Services, you grant us a limited, non-exclusive license to access and process your code and data solely to provide the Services to you. We do not claim any ownership of your code or data.

Scan results: Scan results, violation reports, compliance scores, and fix suggestions generated by the Services are provided for your use. You may use, share, and incorporate these outputs as you see fit.

8. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

We do not store full copies of your source code. We access code during the scanning process and retain only scan results and associated metadata. For more detail on data handling, refer to our Privacy Policy.

9. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Services, including but not limited to business plans, scan results, pricing terms, and technical information. This obligation does not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law.

10. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant that scan results will be comprehensive, that all accessibility violations will be detected, or that fix suggestions will be accurate or complete. The Services do not constitute legal advice and should not be relied upon as a determination of legal compliance with any accessibility law or regulation, including but not limited to AODA, ADA, EAA, or the Accessible Canada Act.

11. Limitation of Liability

To the maximum extent permitted by applicable law, inklu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Services, regardless of the theory of liability.

Our total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the amounts paid by you to inklu in the twelve (12) months preceding the claim.

These limitations apply even if inklu has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

12. Indemnification

You agree to indemnify, defend, and hold harmless inklu and its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any applicable law, or your infringement of any third-party rights.

13. Term and Termination

These Terms are effective when you first access or use the Services and remain in effect until terminated. You may terminate your account at any time by contacting us at hello@inklu.io or through your account settings. We may suspend or terminate your access at any time for any reason, including if we reasonably believe you have violated these Terms.

Upon termination, your right to use the Services ceases immediately. We will delete your data in accordance with our Privacy Policy. Sections that by their nature should survive termination will survive, including Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification.

14. Modifications

We may modify these Terms at any time by posting the updated version on our website. We will notify you of material changes through your account email or through the Services. Your continued use of the Services after the effective date of any modification constitutes acceptance of the updated Terms. If you do not agree with the modifications, you must stop using the Services and terminate your account.

15. General Provisions

Governing law: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute resolution: Any disputes arising out of or related to these Terms shall be resolved in the courts located in the Province of Ontario, and you consent to the jurisdiction of those courts.

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and inklu regarding the Services and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Contact Us

If you have questions about these Terms, contact us at:

Email: hello@inklu.io
Location: Toronto, Ontario, Canada