Terms of Service & Compliance Audit Terms

1. Purpose and Scope of Services

Rogabot provides automated and assisted digital accessibility scanning, technical reporting, developer code remediation diffs, and accessibility statement drafting. All reports and audits evaluate digital content against programmatically testable success criteria specified in the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA, ADA Title III commercial standards, and relevant provisions of the DOJ ADA Title II Final Rule.

Scan Page Limits & Additional Scope: Standard single-audit packages and recurring monthly monitoring plans include automated scanning of up to a maximum of 100 pages per domain per audit cycle. For websites, e-commerce stores, or web applications exceeding 100 pages, scanning additional pages requires custom volume provisioning and incurs additional per-page or custom tier fees.

2. Limitations of Automated Testing

Automated testing engines evaluate measurable technical attributes (such as color contrast ratios, missing alternative text attributes, form labels, heading structures, and ARIA markup). Automated scans do not and cannot test 100% of WCAG success criteria. Specifically:

• Contextual Alt Text: Subjective quality and contextual appropriateness of alternative text descriptions require human evaluation.
• Complex Interactive Flows: Complex keyboard navigation flows, custom assistive screen reader interactions (e.g., JAWS, NVDA, VoiceOver), and multi-step transactional checkout processes require manual verification.
• Third-Party Embedded Elements: Synchronized media, live captions, and embedded third-party iframe applications may not be fully evaluated by automated crawlers.

3. Scanning Authorization, Permitted Use & Unblocked Crawler Access

You represent and warrant that you own or have obtained all necessary authorizations to crawl, audit, and analyze the web domains, subdomains, and code repositories you submit to the Rogabot platform. You agree not to use the Service to conduct denial-of-service attacks, vulnerability exploitation, or scan unauthorized third-party infrastructure.

Unimpeded Scanner Access (Customer-Dependent): The successful execution, accuracy, and completeness of any accessibility audit depend entirely on your infrastructure permitting Rogabot's automated crawlers to access and evaluate your web pages without interruption. You are solely responsible for ensuring that Rogabot's scanning engines, IP addresses, and user-agents are not blocked, rate-limited, CAPTCHA-challenged, IP-banned, or restricted by your Web Application Firewalls (WAF), Cloudflare or CDN bot security rules, anti-scraping plugins, authentication walls, or hosting configurations. If the scanner is blocked or throttled by customer-side security systems or firewall rules, Rogabot is not liable for incomplete audits or undetected violations, and re-scans necessitated by customer blocking may require customer technical intervention or additional fees.

4. Point-in-Time Assessment & Validity

All audit reports, certificates, and compliance scores represent a point-in-time assessment strictly valid for the specific web page code rendered during the precise timestamp of the audit. Any subsequent code deployments, theme updates, blog posts, product additions, CMS modifications, or third-party script integrations after the scan timestamp are outside the scope of the completed audit.

5. Client Remediation & Implementation Responsibility

The client and their designated web development team remain solely responsible for reviewing, implementing, and validating all recommended code fixes and publishing their customized Accessibility Statement. Rogabot operates as a zero-setup, native code remediation auditing platform and does not inject unauthorized runtime overlay widgets or temporary script masks onto your production servers.

6. Subscriptions, Billing, Extra Pages & Zero-Fee Cancellation

Rogabot offers one-time full audit packages as well as monthly and annual recurring monitoring plans. All fees are billed in advance according to the selected package. Standard plans cover up to 100 scanned pages per domain. Scans covering volume beyond 100 pages require an upgraded scope or add-on page fees as quoted prior to audit execution. You may cancel your subscription at any time with immediate effect via your dashboard billing settings with zero cancellation penalties.

7. Intellectual Property & Client Code Ownership

You retain all right, title, and ownership in your web content, repository code, brand assets, and proprietary data. Rogabot retains all intellectual property rights in its proprietary scanning algorithms, heuristics, report formatting, rule engines, and platform software.

8. No Legal Advice & No Litigation Immunity Guarantee

Rogabot, its operators, contractors, and affiliates do not provide legal representation, legal advice, or attorney services. Nothing contained in our reports, audit findings, outreach materials, or accessibility statements should be construed as legal advice or as creating an attorney-client relationship.

Compliance with technical WCAG guidelines significantly mitigates digital barrier exposure and establishes proactive good-faith compliance, but does not prevent third parties or serial plaintiffs from issuing demand letters or initiating legal action under the Americans with Disabilities Act (ADA Title III), California Unruh Civil Rights Act, Colorado HB 21-1110, or other federal, state, or international civil rights statutes.

9. Limitation of Liability & Statutory Damages Disclaimer

To the maximum extent permitted by applicable law, the service, its operators, and providers shall not be held liable for any statutory damages, legal fees, settlement costs, lost profits, or consequential damages arising from any past, present, or future third-party accessibility claims, demand letters, or litigation. Rogabot's cumulative total liability is strictly limited to the fees paid by you to Rogabot in the twelve (12) months preceding the event giving rise to the claim.