Legal · Last updated
Terms of Service
Draft — pending legal review. This document is a starting template and will be replaced with a lawyer-reviewed version before general availability. If you have questions in the meantime, email legal@mandatiq.com.
These Terms of Service (“Terms”) are a binding agreement between you and mandatiq (“mandatiq”, “we”, “us”) and govern your access to and use of the mandatiq web accessibility monitoring service available at mandatiq.com(the “Service”). By creating an account, running a scan, or otherwise using the Service, you agree to be bound by these Terms.
1. The Service
mandatiq provides automated web accessibility scans of customer websites against WCAG 2.1 Level A and AA criteria. Where your subscription plan includes them, the Service also produces AI-generated fix suggestions (via the Claude API) and EAA accessibility statements. The Service is provided on a software-as-a-service basis, accessed through a web browser.
Automated accessibility testing can only detect a subset of WCAG failures. mandatiq reports should be treated as a baseline and do not substitute for a manual audit by a qualified accessibility professional. We do not guarantee that passing a mandatiq scan will make your website fully compliant with the European Accessibility Act or any other law.
2. Accounts
You must be at least 18 years old and able to enter into a binding contract to use the Service. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at legal@mandatiq.com if you suspect unauthorised access.
3. Acceptable use
You may not use the Service to:
- scan websites you do not own or have explicit written permission to scan;
- circumvent, disable, or otherwise interfere with security-related features of any website, including rate-limiting, authentication, or access-control mechanisms;
- generate excessive load on a target website or otherwise cause disruption to its normal operation;
- scan content that is unlawful, defamatory, hateful, or sexually exploitative of minors;
- reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by applicable law;
- resell, sublicense, or white-label the Service to third parties without a written agreement from mandatiq (the Agency plan includes a limited white-label right — see your plan for details);
- use the Service to train a machine-learning model intended to replicate or compete with mandatiq.
You are responsible for ensuring that your use of the Service complies with all applicable laws, including the GDPR and any contractual obligations you have to the owners of the websites you scan. We may suspend or terminate accounts that breach this section.
4. Subscriptions, billing, and taxes
Paid plans (Solo, Pro, Agency) are billed monthly in advance via Stripe. Prices are listed on the pricing page and are exclusive of applicable VAT, which is added at checkout based on your billing country. By subscribing, you authorise mandatiq to charge your payment method on each billing cycle until you cancel.
You can cancel your subscription at any time from the billing portal. Cancellation takes effect at the end of the current billing period; you retain access to paid features until then. We do not issue pro-rated refunds for partial billing periods.
If payment fails, we will retry the charge and notify you. If the charge cannot be collected, paid features are suspended until the balance is settled. Accounts that remain unpaid for 30 days may be downgraded to the free tier and scheduled for deletion after a further 30 days.
5. Right of withdrawal and refunds
If you are a consumer in the European Union, you have the right to withdraw from your first subscription without giving a reason within 14 days of the order confirmation, under Articles 9 to 16 of Directive 2011/83/EU. To exercise this right, email legal@mandatiq.com before the 14-day period expires. We will refund any amount already charged, less a proportionate amount for service already rendered if you have begun using paid features during the withdrawal period.
Business customers and subscription renewals are not covered by the statutory right of withdrawal. Outside the withdrawal period, refunds are granted on a case-by-case basis at our sole discretion.
6. Intellectual property
mandatiq and its licensors own all rights, title, and interest in the Service, including the software, visual design, trademarks, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose for the duration of your subscription.
You retain all rights to the content you submit to the Service (scan URLs, custom rules, notes). You grant mandatiq a worldwide, royalty-free licence to process that content solely to the extent necessary to provide the Service.
Aggregated, anonymised statistics derived from scans (for example, the average accessibility score across all mandatiq scans for a given quarter) may be used for product improvement and publication without attribution to any individual customer.
7. Third-party services
The Service depends on third-party infrastructure providers listed in our Privacy Policy. We are not responsible for outages, data loss, or other failures caused by those providers, but we will use commercially reasonable efforts to maintain service availability.
8. Service availability
We aim for high availability but do not offer a contractual uptime SLA on Solo or Pro plans. Agency plan customers may request a custom SLA — contact legal@mandatiq.com. Planned maintenance will be announced in advance where possible.
9. Warranty disclaimer
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranty of any kind, whether express or implied. mandatiq does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, nor that scan results will identify every accessibility issue on a given website. Nothing in this section limits any mandatory statutory warranty you may have as a consumer.
10. Limitation of liability
To the maximum extent permitted by law, mandatiq’s total liability for any claim arising out of or related to the Service is limited to the greater of (a) the total fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred euros (€100).
To the maximum extent permitted by law, mandatiq is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, business interruption, or reputational harm, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
11. Indemnification
You agree to indemnify and hold mandatiq harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your infringement of any third-party right, including scanning a website without the necessary authorisation.
12. Suspension and termination
You can terminate your account at any time by cancelling your subscription and deleting the account from the dashboard. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, fail to pay, or if we are required to do so by law. On termination, sections 6, 9, 10, 11, and 13 survive.
13. Governing law and jurisdiction
These Terms are governed by the laws of the Portuguese Republic, without regard to its conflict-of-laws rules. The courts of Lisbon, Portugal have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that consumers resident in another EU member state may also bring proceedings in the courts of that member state, as required by Regulation (EU) 1215/2012.
The European Commission provides an online dispute resolution platform available at ec.europa.eu/consumers/odr. mandatiq is not obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email and update the “Last updated” date at the top of this page. The revised Terms become effective 30 days after notice is sent. If you do not agree to the revised Terms, you must stop using the Service before they take effect.
15. Contact
For any legal or contractual question, email legal@mandatiq.com.
See also our Privacy Policy.