Terms of Service

1. Agreement

By accessing or using AcuityScan (the “Service”), you agree to these Terms of Service (the “Terms”). AcuityScan is operated by AcuityScan, a DBA of Your PGH Tech (the “Company,” “we,” “us,” or “our”), located in Pittsburgh, Pennsylvania, United States. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

2. What AcuityScan does

AcuityScan scans publicly accessible websites and produces automated reports across categories including email deliverability, DNS, SSL/TLS, performance, SEO, accessibility, privacy, and mobile responsiveness. We make standard HTTP requests to the domains you enter, the same kind of requests a web browser or search engine makes. The Service is an informational tool, not a certification, audit, or professional advisory service.

4. Acceptable use

You agree that you will:

• Only scan domains that you own or have explicit written authorization to test.
• Not use the Service to harass, attack, disrupt, overload, or denial-of-service any website, server, or network.
• Not use scan results to facilitate unauthorized access to any system.
• Not attempt to circumvent rate limits, authentication, access controls, or feature gates.
• Not use automated tools, bots, scrapers, or scripts to access the Service beyond its intended interface.
• Not resell, sublicense, redistribute, or white-label scan results except as expressly permitted by the plan you have paid for.
• Not use the Service in any manner that violates applicable law.

We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms or for any reason at our sole discretion. You remain responsible for charges incurred prior to termination.

5. Accounts and subscriptions

• You are responsible for maintaining the security and confidentiality of your account credentials and for all activity that occurs under your account.
• Paid subscriptions (Pro, Agency, and any future tiers) are billed in advance through Stripe on a recurring basis according to the plan you select. Pricing is listed on our pricing page and may change with notice for future billing periods.
• You authorize us, through Stripe, to charge your selected payment method on each renewal date until you cancel.
• You can cancel a paid subscription at any time from your account settings or by contacting support. Cancellation stops the next renewal; the current paid period continues until its scheduled end.
• Except where required by law, payments are non-refundable. Refund requests will be reviewed on a case-by-case basis at our sole discretion.
• Free-tier usage is subject to rate limits, feature limits, and other restrictions that we may change at any time.

6. Scan results and accuracy

• Scan results are provided “as is” and “as available” for informational purposes only.
• We make no representations or warranties about the accuracy, completeness, reliability, timeliness, suitability, or usefulness of any scan result.
• Scores are produced by automated checks. False positives, false negatives, partial coverage, and misinterpretation are inherent in any automated scanner.
• External services we depend on (DNS resolvers, blacklist providers, certificate authorities, etc.) may return inaccurate, delayed, or unavailable data. We pass through what they give us.
• You should not rely solely on AcuityScan results for security decisions, legal compliance, accessibility certification, marketing claims, regulatory filings, or any other consequential determination.
• You agree that we are not responsible for any action or inaction you, your customers, your vendors, your employees, or any third party takes based on a scan result.

7. Your content and white-label use

• The domains you submit, scan results you generate, and any branding assets you upload (collectively, “Your Content”) remain owned by you.
• You grant us a non-exclusive, worldwide, royalty-free license to process Your Content solely to provide and improve the Service.
• You represent and warrant that you have the right to submit Your Content and that it does not infringe any third-party rights.
• If your plan permits white-label reports, you may present reports under your own branding to your customers. You are solely responsible for the accuracy of any claims you make to your customers based on those reports, and you agree to indemnify us for any claims arising from such use.

8. Intellectual property

• AcuityScan, including its software, design, branding, documentation, and underlying technology, is owned by the Company and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
• You may not copy, modify, distribute, sell, lease, decompile, reverse-engineer, or create derivative works of the Service or any portion of it, except as expressly permitted by these Terms or by applicable law.
• Feedback you provide may be used by us without obligation or compensation.

9. Third-party services and links

The Service relies on third-party providers (Stripe, Supabase, Vercel, Cloudflare, Brevo, and others) and may link to third-party websites. We do not control those providers or sites, do not endorse their content, and are not responsible for their availability, accuracy, or practices. Your use of any third-party service is governed by that party's own terms.

10. Availability and changes to the Service

We aim for high availability but do not guarantee uninterrupted, error-free, or secure operation. We may add, modify, suspend, or discontinue features, plans, pricing, or the entire Service at any time, with or without notice. We are not liable to you or any third party for any such change.

11. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, REPORTS, AND DATA PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, UNINTERRUPTED OPERATION, ERROR-FREE OPERATION, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL DETECT EVERY ISSUE ON YOUR WEBSITE, NOR THAT ITS SCORES OR RECOMMENDATIONS WILL BE CORRECT, COMPLETE, OR APPROPRIATE FOR YOUR PURPOSE. YOU USE THE SERVICE AT YOUR OWN RISK.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS;
• DAMAGES ARISING FROM ANY DECISION OR INACTION BASED ON SCAN RESULTS;
• DAMAGES ARISING FROM ANY CLAIM, LAWSUIT, REGULATORY ACTION, FINE, OR PENALTY THAT YOU INCUR (INCLUDING WITHOUT LIMITATION CLAIMS ALLEGING ACCESSIBILITY, SECURITY, PRIVACY, OR OTHER NON-COMPLIANCE), EVEN IF YOUR SITE PREVIOUSLY PASSED ANY ACUITYSCAN CHECK;
• DAMAGES CAUSED BY THIRD-PARTY SERVICES, DEPENDENCIES, OR PROVIDERS;
• DAMAGES THAT EXCEED THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

These limitations apply whether the claim is based in contract, tort, negligence, strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) Your Content or the domains you submit; (c) your breach of these Terms; (d) your violation of any law or third-party right; (e) any claim by your customers, end users, or any third party related to a scan result, white-label report, or representation you made based on the Service; or (f) any allegation that your website is non-compliant with any law, regulation, or standard, even if the Service did not flag the underlying issue.

14. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including without limitation acts of God, war, terrorism, civil unrest, government action, pandemic, fire, flood, earthquake, network or infrastructure failure, third-party service outage, or labor disturbance.

15. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and you consent to the personal jurisdiction of those courts.

16. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 6, 7, 8, 11, 12, 13, 15, and 17) will survive.

17. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service, superseding any prior agreements.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms freely.
• No third-party beneficiaries. These Terms create no rights for any party other than you and the Company.
• Changes. We may update these Terms from time to time. Material changes will be posted on this page with a revised “Last updated” date. Continued use of the Service after changes take effect constitutes acceptance.

18. Contact

Questions about these Terms? Email us at support@acuityscan.com.