VPAT Express™ Terms of Use

1. Service and Accounts

VPAT Express helps organizations conduct and document accessibility testing and prepare Accessibility Conformance Reports (ACRs). Available functionality may include automated testing, guided manual checks, evidence organization, analysis, remediation guidance, retesting, and ACR generation, depending on the subscription or configuration purchased.

You are responsible for your account credentials, accurate account information, and activity by users you authorize. You may not provide account access to unauthorized persons.

2. Permitted Use and Restrictions

Subject to these Terms and your purchased subscription, Unity Accessibility grants you a limited, non-exclusive, non-transferable right to use VPAT Express during the applicable access period. If your plan permits third-party or client ACR work, that use is allowed within the capacity and usage rights of your plan. You may use, reproduce, publish, submit, and distribute ACRs and reports generated for you through the Service.

You may not:

• attempt to obtain or access VPAT Express source code except where permitted by applicable law;
• circumvent technical restrictions, subscription limits, or usage controls;
• introduce malicious code or interfere with Service security or operation;
• provide unauthorized third parties with access to the Service; or
• use the Service in violation of applicable law.

3. Customer Content

"Customer Content" means information submitted to or processed through VPAT Express on your behalf, including URLs, product information, test results, notes, findings, evidence, remediation information, remarks, and other assessment or ACR materials. You retain your rights in Customer Content and are responsible for having the rights and authority necessary to submit it.

You grant Unity Accessibility a limited right to host, process, transmit, reproduce, and otherwise use Customer Content only as reasonably necessary to provide, operate, maintain, secure, troubleshoot, and support VPAT Express and its functionality, or as otherwise authorized by you.

4. Accessibility Testing, AI, and Human Review

VPAT Express supports, rather than replaces, accessibility testing and professional judgment. Automated testing can identify only some accessibility issues, and some requirements require contextual evaluation, manual testing, or human judgment. You are responsible for determining the appropriate evaluation scope and methodology, completing appropriate manual testing, reviewing automated findings, and determining conformance for applicable criteria.

VPAT Express may use artificial intelligence or machine-assisted functionality ("AI Features") to analyze testing information, organize findings and evidence, summarize information, draft or refine ACR remarks, identify potentially relevant criteria, and prepare suggested content. Customer Content submitted to an AI Feature may be processed by third-party AI service providers acting on Unity Accessibility's behalf as necessary to provide that functionality.

Automated and AI-assisted results relied upon in a final ACR must be reviewed by a person with appropriate accessibility knowledge and experience. AI-assisted output is not an independent accessibility certification, attestation, or legal conclusion.

5. Final ACR Responsibility and No Independent Certification

Before distributing a final ACR externally, you are responsible for reviewing and approving its testing results, evidence, conformance determinations, remarks, and other material information. You must take reasonable steps to confirm that appropriate testing was performed, the evidence accurately reflects that testing, material automated and AI-assisted results were reviewed, and the final ACR was approved by a person authorized to make accessibility conformance representations for your organization.

The final ACR represents your organization's conformance assessment. Drafts and working results are not final conformance representations. Unless Unity Accessibility separately agrees in writing to perform an independent evaluation or professional service, Unity Accessibility is not your independent auditor or certifying body, and you may not state or imply that Unity Accessibility independently tested, certified, or approved a product solely because VPAT Express was used.

You may not knowingly create or distribute a materially false or misleading ACR or falsify material testing results, evidence, or conformance determinations. Use of VPAT Express does not, by itself, establish or guarantee conformance with an accessibility standard, law, regulation, or procurement requirement.

6. Functionality, Standards, and Usage

Supported testing methods, assessment capacity, retesting availability, and other features vary by subscription or configuration and are described in applicable product documentation. Accessibility standards, regulations, procurement requirements, and reporting templates may change; you are responsible for determining which requirements apply to your product or procurement.

AI-assisted and other processing-intensive functionality may be subject to reasonable usage limits to maintain Service availability and address unusually large, intensive, or frequent processing or retesting.

7. Data, Privacy, Security, and Retention

VPAT Express is intended for accessibility assessment and ACR-related information, not sensitive personal information. Do not submit Social Security numbers, payment card information, protected health information, authentication credentials or secrets, classified information, or other information requiring specialized security or regulatory handling unless we expressly agree in writing.

We process Customer Content only as reasonably necessary to provide, operate, maintain, secure, troubleshoot, and support VPAT Express, including applicable AI functionality, or as otherwise authorized by you. We do not sell Customer Content or disclose it to third parties for advertising or marketing. We may use service providers and subprocessors, including hosting, infrastructure, security, analytics, support, and AI providers, to process Customer Content on our behalf for those purposes.

We maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Content. If we confirm unauthorized access to or disclosure of Customer Content maintained or processed in connection with VPAT Express, we will notify affected customers without unreasonable delay, consistent with applicable law.

Unless different written terms apply, Customer Content associated with an assessment may be retained for up to one year after access to that assessment ends and then deleted under our standard procedures, subject to reasonable backup retention and legal or regulatory obligations. Where supported, you may delete Customer Content earlier subject to the same limitations.

8. Fees, Renewal, and Cancellation

Prices, subscription periods, included assessment or ACR capacity, and other commercial terms are provided before purchase. Payment card processing for direct online purchases is performed by Stripe or another processor identified at checkout.

If a subscription automatically renews, the renewal terms, billing frequency, price, and cancellation method presented at purchase apply. You may cancel future renewal using the available cancellation method. Except where required by law or expressly stated otherwise at purchase, payments are nonrefundable and cancellation takes effect at the end of the then-current paid subscription period.

9. Intellectual Property

Unity Accessibility and its licensors retain all rights in VPAT Express, including its software, interfaces, workflows, documentation, underlying technology, and related intellectual property. You retain your rights in Customer Content and may use and distribute ACRs and reports generated for you, subject to Unity Accessibility's ownership of the underlying Service, software, templates, and technology.

10. Suspension, Service Changes, and Availability

We may suspend or terminate access for material breach of these Terms, nonpayment, misuse that threatens the Service's security or integrity, or other grounds permitted by law. Where reasonably practicable, we will provide notice and an opportunity to cure.

We may modify or update VPAT Express as the Service develops. We will not materially reduce the core functionality of a purchased offering during an active subscription term without reasonable notice, except where reasonably necessary for security, legal, regulatory, third-party service, or technical reasons. We will use commercially reasonable efforts to maintain intended functionality and availability, subject to maintenance, circumstances beyond our reasonable control, and any specific availability terms provided with your subscription.

11. Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WARRANTY SPECIFICALLY PROVIDED WITH YOUR PURCHASE, VPAT EXPRESS IS PROVIDED "AS IS" AND "AS AVAILABLE." UNITY ACCESSIBILITY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT USE OF THE SERVICE, BY ITSELF, ESTABLISHES CONFORMANCE WITH AN ACCESSIBILITY STANDARD, LAW, REGULATION, OR PROCUREMENT REQUIREMENT. NOTHING IN THESE TERMS DISCLAIMS A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO VPAT EXPRESS. UNITY ACCESSIBILITY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO VPAT EXPRESS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS A DIFFERENT LIMIT IS EXPRESSLY AGREED IN WRITING. THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

13. No Legal Advice

VPAT Express and AI-assisted output do not constitute legal advice. You are responsible for obtaining legal, procurement, accessibility, or other professional advice appropriate to your circumstances.

14. Governing Law and Force Majeure

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except where applicable law requires otherwise.

Neither party will be liable for delay or failure to perform, other than payment obligations already due, to the extent caused by circumstances beyond its reasonable control. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance.

15. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will provide notice reasonably designed to inform affected users. The effective date above identifies the current version.

16. General

If any provision is unenforceable, the remaining provisions remain in effect to the extent permitted by law. Failure to enforce a provision is not a waiver. These Terms do not create a partnership, joint venture, agency, certification, or fiduciary relationship.

These Terms, together with purchase terms and product documentation or other documents expressly incorporated by reference, constitute the agreement governing your direct use of VPAT Express and supersede prior or contemporaneous representations concerning that use, except where applicable law requires otherwise.