These terms govern your use of toa11y.com and any services you engage TOA11Y to perform. They are written in plain language on purpose. If you have a legal question about them, talk to your attorney before you hire us.
TOA11Y is a web development studio operated by [FOUNDER NAME], based at [BUSINESS ADDRESS] in [JURISDICTION]. When these terms say “we,” “us,” or “TOA11Y,” they mean that studio. When they say “you,” they mean the person or organization using this website or engaging our services.
By using this website or by engaging us for any service, you agree to these terms. If you do not agree to them, do not use the site and do not hire us. If you are agreeing on behalf of an organization, you confirm that you have the authority to bind that organization to these terms.
TOA11Y provides three categories of service:
The specific scope of any engagement — which pages, which user journeys, which deliverables, and which timeline — is defined in a written proposal or statement of work that we send you before work begins. If there is a conflict between that document and these terms, the statement of work controls for that engagement.
TOA11Y builds websites to WCAG 2.2 AA standards and documents the work we do. We do not promise, guarantee, or represent that any website we audit, remediate, or rebuild is legally compliant with the ADA, Section 508, WCAG, or any other law, regulation, or standard.
Compliance is a legal determination. Only a court, a regulator, or your own attorney can make that call. Anyone who sells you a certificate claiming otherwise is selling you something they cannot deliver.
What we do commit to is this: we test your site by hand, we document what we find, we fix what we can fix, and we give you a written audit trail that shows your good-faith effort. That documentation is designed to be useful to your attorney if it is ever needed. It is not a legal shield, and we do not present it as one.
We will never tell you that our work “prevents lawsuits,” that a deliverable is “court-admissible,” or that hiring us removes any legal risk. If you need that kind of assurance, you need a lawyer, not a developer.
Nothing we provide — including audit reports, remediation logs, documentation, emails, or conversations — constitutes legal advice. We are not a law firm. No attorney-client relationship is created by hiring us or by communicating with us.
Our audits and reports describe technical findings against WCAG 2.2 AA success criteria. They are engineering documents, not legal opinions. How those findings relate to your legal obligations is a question for your attorney. We are happy to give your attorney whatever documentation they need, and we will answer technical questions directly. But we will not tell you what the law requires of you, and you should not rely on anything we say as if we had.
For us to do the work, we need certain things from you:
If delays or missing information on your side push the timeline, the schedule shifts accordingly. We will tell you when this happens.
Fees for each engagement are set out in the written statement of work we send you. Current public pricing for audits is listed on our pricing page. Remediation and rebuild work is quoted per project after the audit.
Unless the statement of work says otherwise:
If you hire us for remediation after an audit, the audit fee is credited toward the remediation project as described in the statement of work.
Once you have paid for an engagement in full, you own the deliverables: the audit report, the remediation code, the new website, and the documentation. We retain ownership of our pre-existing tools, libraries, internal scripts, and know-how, along with the general techniques and methods we use across all engagements.
You grant us a non-exclusive, worldwide, royalty-free license to use your deliverables for the limited purposes described in section 09 (portfolio and educational use). You can opt out of that license in writing at any time, and we will honor the opt-out going forward.
Content, trademarks, and logos you provide to us remain yours. You confirm that you have the right to use any content you send us, and you agree not to send us anything that infringes on someone else's rights.
We keep your business information confidential. That includes your source code, your internal documentation, your customer data, and anything else you share with us that is not public. We do not share it with anyone outside TOA11Y except when required by law or when you have given us written permission.
We ask the same from you: keep our internal methods, our unpublished tooling, and the contents of our audit reports confidential. If we sign a separate non-disclosure agreement with you, that agreement controls over this section.
Part of the value we offer our clients is the public evidence of how we work. By default, we may:
If you would prefer that we not name you publicly, tell us in writing and we will not. Anonymity is not a problem for us — plenty of our clients prefer it.
Separately, we publish teardowns of publicly accessible websites that we have not been engaged to audit. Those teardowns are commentary and criticism based on publicly available information, and we handle takedown requests courteously when they are reasonable.
Our audits and remediation often involve websites built on third-party platforms — WordPress, Shopify, Wix, and similar. We do not control those platforms, their updates, their pricing, their security practices, or their availability.
If a third-party platform changes in a way that breaks work we delivered, we are not responsible for that change, and we do not warrant that our work will continue to function through future platform updates. We will help you understand and respond to such changes on a time-and-materials basis, or as part of ongoing vigilance work.
To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these terms or to any engagement is limited to the total fees you paid us for that engagement in the twelve months preceding the claim.
We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or the cost of substitute services.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If you are in one of those jurisdictions, some of the above limitations may not apply to you, and nothing in this section is intended to limit any right you cannot legally waive.
You agree to indemnify and hold harmless TOA11Y, its founder, and any contractors working on your engagement from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from:
We will notify you promptly of any claim covered by this section and will cooperate reasonably in your defense of it.
Either party may terminate an engagement by giving written notice. Termination takes effect 30 days after the notice is delivered, unless the statement of work says otherwise.
On termination:
We may also suspend or terminate access to this website at any time if we reasonably believe you are using it in a way that is abusive, unlawful, or harmful to others.
Except as expressly stated in a statement of work, our services are provided “as is” and without warranties of any kind, whether express or implied. We disclaim, to the maximum extent permitted by law, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do warrant that we will perform our work in a professional and workmanlike manner consistent with industry standards for senior-level engineering, and that we will not knowingly deliver work we believe to be materially defective. If you believe we have not met that standard, tell us and we will make it right.
These terms are governed by the laws of [JURISDICTION], without regard to its conflict-of-law rules. Any dispute arising out of or relating to these terms or to any engagement will be brought in the state or federal courts located in [JURISDICTION], and both parties consent to the personal jurisdiction of those courts.
Before filing any formal claim, we both agree to attempt to resolve the dispute informally: a written notice describing the issue, followed by a good-faith effort to talk it through within [RESPONSE WINDOW] days. Most disagreements are misunderstandings, and this step resolves the vast majority of them.
We may update these terms from time to time. When we do, we will update the “Last updated” date at the top of this page. For material changes, we will also post a note on the homepage and, if you have an active engagement, notify you by email.
Changes apply to engagements started after the change is posted. Existing engagements continue under the terms that were in effect when the statement of work was signed, unless both sides agree in writing to update them.
For any question about these terms, or to send a legal notice, contact us:
Email: legal@toa11y.com
Or use the contact page.
We aim to reply to legal inquiries within [RESPONSE WINDOW] days.