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Terms of Service

TL;DR

We provide technical accessibility audits and development services, not legal advice. Our liability is limited to the cost of our services.

1. Service Definition

EqualAudit operates as a technical consultancy. We provide digital accessibility audits, codebase remediation, and related consulting services designed to align digital assets with WCAG (Web Content Accessibility Guidelines) and other technical standards.

By engaging our services, you agree that EqualAudit acts solely in a technical capacity to evaluate and improve the accessibility of your digital products.

2. No Legal Advice Disclaimer

CRUCIAL DISCLAIMER: While EqualAudit provides technical compliance solutions to help meet accessibility standards, our reports, audits, and remediation services do not constitute legal advice.

Implementation of our technical recommendations does not guarantee immunity from litigation or absolute compliance with local, provincial, state, or federal laws. Clients should consult with their own legal counsel regarding specific AODA, ADA, or other accessibility-related litigation and regulatory requirements.

3. Limitation of Liability

To the maximum extent permitted by applicable law, EqualAudit, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our services.
  • Any conduct or content of any third party regarding our services.
  • Any legal claims, lawsuits, or regulatory actions brought against you by third parties related to the accessibility of your digital assets, even after remediation by EqualAudit.

In no event shall EqualAudit's aggregate liability for all claims related to the services exceed the total amount paid by you to EqualAudit for the specific services rendered that are the subject of the claim.

4. Client Responsibilities

Clients are responsible for providing accurate information, timely access to necessary systems/codebases (if remediation is contracted), and prompt feedback. Delays caused by the client may result in adjustments to project timelines. Clients also retain the ultimate responsibility for publishing and maintaining the accessibility of their digital properties after our engagement concludes.

5. Governing Law and Jurisdiction

These Terms of Service, and any disputes arising out of or related to these Terms or our services, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts located within Ontario, Canada, to resolve any legal matter arising from these Terms of Service.