Terms of Service

These Terms of Service ("Terms") are an agreement between you and Includoc ("Includoc," "we," "us" or "our"). They cover your use of the Includoc website, document checker, free tools, web application and related services (together, the "Service").

By using the Service, you agree to these Terms. If you use the Service on behalf of an organization, such as a government agency, school, college or business, you agree to these Terms for that organization and confirm that you're authorized to do so. In that case, "you" means both you and the organization. If you don't agree to these Terms, please don't use the Service.

Summary

This summary is here to help you read the Terms. It isn't a substitute for them.

• Includoc gives you evidence of accessibility checks. It isn't legal advice and doesn't certify legal compliance.
• You review fixed files and reports before you publish or rely on them.
• You own your documents and the fixed files and reports we make from them. We don't use them to train AI models.
• Don't upload protected health information unless we've signed a business associate agreement with you.
• Credits last 12 months. Unused credits can be refunded within 30 days of purchase, and pages that fail our own validation are re-processed or refunded.
• Our liability is limited, as explained in section 19.

1. The Service

Includoc helps you check, fix and document the accessibility of PDF, Word, PowerPoint and Excel files. Depending on your plan, the Service may include:

• A document checker that tests files against WCAG 2.1 Level AA and PDF/UA (ISO 14289) and explains the results
• Automatic fixes using software and AI, with a review screen where you approve or change suggested fixes
• An optional human-verified tier, in which an accessibility specialist reviews a fixed file
• Website document inventories, monitoring, exemption tracking and progress reports for organizations
• Conformance reports, change logs and an audit trail
• Free tools, such as the deadline finder, remediation cost calculator, alt-text generator and PDF tag viewer

We may change, add or remove features over time. If we remove a material feature from a paid plan during your subscription term, we'll tell you in advance.

Some features may be labeled "beta" or "preview." They may change or end, and we provide them as they are.

2. Not legal advice, and no guarantee of legal compliance

Includoc provides evidence of automated and human accessibility checks. It is not legal advice and does not certify legal compliance.

• Automated checks can't test every accessibility requirement. Some requirements need human judgment, and our reports list those items as needing review.
• AI-generated suggestions, such as alt text, heading levels and reading order, can be wrong. You need to review them before you publish.
• Information about laws, deadlines and exceptions in our guides, deadline finder and exemption-tracking features is general information. Whether a law applies to you, and whether a document qualifies for an exception, is your decision, made with your own legal counsel.
• Whether your documents, website or organization comply with the Americans with Disabilities Act, Section 504, Section 508 or any other law is a legal question for you and your counsel. We don't guarantee any legal outcome, and we don't guarantee that a fixed file is free of every accessibility barrier.

3. Your responsibility for final review

You're responsible for reviewing fixed files, reports and suggestions before you publish them or rely on them. That includes approving or editing alt text, heading levels, reading order and table headers, resolving items marked "Needs review," checking that fixes haven't changed the meaning of your content, and deciding whether to publish.

Human verification, when you order it, adds a specialist's review. It doesn't replace your own final review and your decision to publish.

4. Accounts

• Eligibility. You must be at least 18 years old and able to enter into a binding contract.
• Accurate information. Keep your account information accurate and up to date.
• Security. Keep your sign-in methods secure and tell us right away at security@includoc.com if you think someone has used your account without permission. You're responsible for activity under your account.
• Organizations. In an organization account, owners and admins control membership, roles, settings, retention and data, and we follow their instructions. If you leave an organization or are removed from it, your access to its files ends.
• Seats. Each person uses their own seat. Don't share sign-in credentials.

5. Your content

What it is. "Your Content" means the files, images, text and other materials you upload, link to or submit, and the results we produce from them, including fixed files, reports and change logs.

You own it. You keep all rights in Your Content. As between you and us, you also own the fixed files and reports we produce from it.

Our permission to use it. You give us permission to host, copy, process, transmit and display Your Content only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy and Data Processing Addendum.

No AI training. We don't use Your Content to train AI models, and we route AI processing only to providers that don't retain it or train on it. We use Your Content to improve the Service, for example in quality audits, only with your permission.

Your rights to the content. You confirm that you have the rights and permissions needed to upload Your Content and have it processed, including any personal information in it.

Websites you add. You may add only websites that you own or are authorized to manage, and you must complete our ownership verification honestly.

6. Health information

Don't upload or submit protected health information, as defined under the Health Insurance Portability and Accountability Act (HIPAA), unless we have signed a business associate agreement (BAA) with you. We don't currently offer BAAs.

Without a signed BAA, we are not your business associate, and the Service isn't designed to meet HIPAA's requirements for protected health information. If protected health information is uploaded by mistake, delete the file with "Delete now" and tell us at support@includoc.com. We may delete content that we reasonably believe contains protected health information.

7. Acceptable use

Your use of the Service must follow our Acceptable Use Policy, which is part of these Terms.

8. Human-verified service

• Who does the work. Human verification is performed by certified accessibility specialists (CPACC/IAAP or equivalent experience). They may be our employees or contractors, and they're bound by confidentiality obligations.
• What it includes. A review of the fixed file against WCAG 2.1 AA and PDF/UA checklists, a screen-reader test, and a human-verified report that lists the reviewer's credentials. Reports don't show a reviewer's name unless the reviewer agrees.
• Pricing. We classify each page and show you the breakdown and total before you pay.
• Delivery. We deliver files of 100 pages or fewer within 3 business days of your paid order. Larger files and projects follow the delivery date in your quote. Rush delivery is available at 1.5 times the page price. If we expect to miss a delivery date, we'll tell you as soon as we know.

9. Fees, credits and payment

Prices. Prices are shown on our pricing page or in your quote or order form. They're in US dollars and don't include taxes unless we say so. We charge applicable sales taxes. If your organization is tax-exempt, send us your exemption certificate and we'll apply it.

What counts as a page. A page is a page in the processed file. Blank pages are free, and pages that fail to process aren't charged. We charge for pages when you approve or download a fixed file.

Free pages. Each new organization can have its first 10 pages fixed free. Free pages have no cash value.

Credits. Page credits are valid for 12 months from purchase and expire after that. Credits belong to the organization that bought them, can't be transferred, and can't be exchanged for cash except as described under Refunds.

Re-fixing. Re-processing the same file within 30 days of the first fix doesn't use more credits. Re-checking a file you've fixed is free.

Refunds.

• Unused credits are refundable if you ask within 30 days of purchase.
• If a page we fixed fails our own validation, we'll re-process it or refund it automatically.
• Otherwise, fees are not refundable, except where the law requires a refund or your order form says otherwise.

Pro subscriptions. Pro is billed monthly or yearly and renews automatically until you cancel. You can cancel at any time in your billing settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.

Allowances and overage. Monthly AI page allowances don't roll over. When you've used your allowance, additional pages are billed at your plan's overage rate, unless an admin turns overage off. Then processing pauses until your next billing period or until overage is turned back on.

Organization plans. Organization plans run for an annual term and are invoiced in advance. Invoices are due within 30 days, can include your purchase order number, and can be paid by ACH, wire or card. Before your term ends, we'll send you a renewal quote or invoice. If you don't want to renew, tell us before the term ends.

Founding pilot. The founding pilot is a one-time fee for a 60-day program described in your order form. If you buy an annual Organization plan within 60 days of the start of your pilot, we credit the full pilot fee toward the first year.

Late payment. If an invoice is overdue, we'll remind you. If it's still unpaid 30 days after its due date, we may suspend paid features after giving you notice, as described in section 11.

Price changes. We may change our prices. New prices apply to new purchases right away. For subscriptions, we'll tell you before a price change takes effect, and it will apply from your next renewal.

10. Free and beta features

We provide the free checker, free tools and beta features as they are. Usage limits apply, such as checks per day and file size and page limits, and we may change them. We may limit or suspend free access to prevent abuse or protect the Service.

11. Suspension

We may suspend all or part of your access to the Service if:

• You materially breach these Terms or the Acceptable Use Policy
• Your use creates a security risk or could harm the Service or other people
• Payment is more than 30 days overdue after we've given you notice
• The law requires us to

When it's practical, we'll give you notice and a chance to fix the problem first. We'll limit any suspension to what's necessary and restore access promptly once the problem is resolved. During a suspension, we keep your data according to your retention settings.

12. Termination

By you. You can stop using the Service at any time. You can cancel a subscription or close your account in your settings, and organization owners can close organization accounts.

By us. We may end these Terms or close your account if you materially breach them and don't fix the breach within 30 days after we notify you. We may act immediately for serious violations of the Acceptable Use Policy, such as uploading malware or illegal content, or where the law requires it. If we decide to discontinue the Service, we'll give you at least 60 days' notice and refund any prepaid fees for the period after it ends.

What happens next. When your account closes, your access ends and any unpaid fees become due. Sections that by their nature should continue after termination continue, including those on ownership, confidentiality, disclaimers, limitation of liability and payment.

13. Data retention, deletion and export

• Retention. We keep and delete data as described in our Privacy Policy and on our trust page. Files uploaded without an account are deleted within 24 hours. Files in an account are deleted 30 days after upload by default, and organization admins can choose 7, 30, 90 or 365 days. Fixed files are deleted on the same schedule as the original. Reports and records that don't contain document content are kept for your audit trail.
• Delete now. You can delete a file at any time with "Delete now."
• Export. You can download your fixed files and reports at any time before they're deleted.
• After your account closes. We delete your files, and the document content in our records, within 30 days. We keep billing records and audit records without document content as described in our Privacy Policy. Copies in backups expire on their normal schedule.

14. Confidentiality

Each of us may share non-public information with the other, such as your documents or our security documentation. Each of us will use the other's confidential information only to perform under these Terms, protect it with reasonable care, and share it only with people who need it and are bound by confidentiality obligations.

This doesn't apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from someone else. Either of us may disclose confidential information when the law requires it, after giving the other notice where the law allows.

Public records. If you're a public entity subject to public records laws, you may disclose information as those laws require. We'll mark materials we consider confidential, such as security documentation, and we ask that you tell us before disclosing them, where the law allows, so we can seek protection.

15. Security and privacy

We protect the Service and Your Content with the safeguards described on our trust page. If we confirm a security incident affecting your data, we'll notify you within 72 hours of confirming it.

Our Privacy Policy explains how we handle personal information. Our Data Processing Addendum applies when we process personal data on your behalf, and it's part of these Terms.

16. Intellectual property

Ours. We own the Service, including our software, website, guides, report templates, designs and trademarks. These Terms don't give you any rights in them except the right to use the Service as these Terms allow.

Your right to use the Service. Subject to these Terms and your plan, we give you a limited, non-exclusive, non-transferable right to use the Service for your organization's purposes. If you're a consultant on a Pro plan, that includes delivering your own services to your clients.

Reports. You may share the reports we produce with anyone. Plans with branded or white-label reports let you present them under your own name. Don't edit a report in a way that misrepresents its results.

Feedback. If you send us ideas or feedback, we may use them without any obligation to you.

17. Third-party services

Some parts of the Service rely on third parties, such as Stripe for payments and Google or Microsoft if you sign in with them. Their own terms apply to your use of their services. We're not responsible for third-party services we don't control.

18. Disclaimers

Except as these Terms expressly state, including our commitment to re-process or refund pages that fail our own validation, we provide the Service "as is" and "as available." To the extent the law allows, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We don't warrant that the Service will be uninterrupted or error-free, that AI output will be accurate, or that any document will meet a legal requirement. Some places don't allow certain disclaimers, so some of these may not apply to you.

19. Limitation of liability

To the extent the law allows:

• Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if told they were possible.
• Our total liability for all claims relating to the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim, or $100 if you haven't paid us anything.

These limits don't apply to your obligation to pay fees, or to liability that the law doesn't allow to be limited.

20. Changes to these Terms

We may update these Terms. When we do, we'll post the new version here with a new "Last updated" date. If a change is material, we'll tell you by email or in the app at least 30 days before it takes effect, unless the law requires a change sooner.

If you keep using the Service after a change takes effect, you accept the new Terms. If you don't agree, stop using the Service and cancel your subscription. If you've signed an order form for an Organization plan, material changes apply from your next renewal unless you agree to them sooner.

21. Order forms and public-entity requirements

If you sign an order form, quote, pilot agreement or other written agreement with us, it controls where it conflicts with these Terms. If your organization needs specific contract terms, for example because state law requires them, ask us about an addendum.

22. General

• Entire agreement. These Terms, the policies they mention and any order form are the entire agreement between us about the Service.
• Assignment. You may not transfer these Terms without our written consent, except to a successor in a merger or reorganization. We may transfer them to a successor to our business, and we'll tell you if we do.
• Events beyond our control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as natural disasters, widespread internet or utility outages, or acts of government.
• Severability and waiver. If part of these Terms can't be enforced, the rest still applies. Not enforcing a term isn't a waiver of it.
• Relationship. We're independent contractors. These Terms don't create a partnership, agency or employment relationship, and there are no third-party beneficiaries.
• Notices. We'll send notices to the email address of your account owner. Send notices to us at support@includoc.com.

23. Contact

Questions about these Terms: support@includoc.com. Security issues: security@includoc.com. Accessibility feedback: accessibility@includoc.com.