Terms of Service

1. Agreement

These Terms of Service (the "Terms") are a binding agreement between Hunni Development ("SiteRemora," "we," "us," "our") and the merchant, business or other entity that installs, accesses or uses the SiteRemora application, website, scans, fixes, records, support and any related services (together, the "Service") ("you," "your," "Customer").

By installing the Service from the Shopify App Store, clicking a button that references these Terms, running a scan, or otherwise using the Service, you accept these Terms. If you do not agree, do not install or use the Service and uninstall it if it is installed.

If you install or use the Service on behalf of a company or another legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

The Service is offered to businesses only. By accepting these Terms you represent that you are using the Service for business purposes and not as a consumer.

Your use of Shopify, including the Shopify App Store, the Shopify admin and Shopify billing, is governed by Shopify's own terms. Shopify is not a party to these Terms. Hunni Development is solely responsible for the Service; Shopify is not liable for any fault in the Service or any harm that may result from its installation or use, and Shopify cannot provide assistance with the installation or use of the Service.

2. What the Service does

The Service renders pages of your storefront in a browser, runs automated accessibility checks against them, attributes each finding to theme code, merchant content or a third-party app where it can, and presents the findings in your Shopify admin. Depending on your plan and settings, the Service can draft code changes to your theme and alt text for your product images, apply those changes when you approve them or automatically for categories you have enabled, keep a copy of what it changed so you can revert, re-check your storefront on a schedule or when it changes, and export a record of scans and changes.

The Service addresses a defined set of issue types. Our current coverage, including which issue types we change in code, which we only report, and which we route to you or to a third-party app, is described on the website and in the product. Coverage changes over time. Anything not listed is out of scope.

We may change, suspend, limit or discontinue any part of the Service, including any feature, check, fix type, plan, integration or limit, at any time, with notice where practicable. We are not liable to you or anyone else for any such change.

3. What the Service does not do

You acknowledge and agree that:

• The Service does not make your store accessible, conformant or compliant. Automated testing detects only a portion of the barriers described in the Web Content Accessibility Guidelines ("WCAG") or required by any law. Full conformance requires human evaluation, including testing with assistive technology, judgment about meaning and context, and ongoing effort. The Service does not perform or replace that evaluation unless we have agreed to it in a separate signed agreement.
• The Service does not certify anything. Scores, counts, labels such as "fixed" or "clean," records, exports and any other output describe what our checks observed at a moment in time. They are not a conformance statement, an audit, a certification, an accessibility conformance report, a legal opinion or evidence that your store meets any standard or law.
• Some issue types are reported but not changed. Among others, color and contrast, reading order, the meaning of images and link text, captions and audio description, the behavior of third-party apps and embedded content, and checkout and other pages hosted by Shopify are reported, routed or left to you. We do not promise to detect or report every instance of any issue type.
• The Service does not correct barriers on third-party web domains or subdomains. Shopify's checkout, account and other hosted pages, content served by apps, embedded players, forms and widgets, and anything else outside the theme files and catalog records your Shopify permissions let the Service write to, are not changed by the Service, even where the Service reports an issue there.
• The Service assists with, rather than guarantees, accessibility. Any guarantee by us exists only if it is set out in a signed writing that is explicitly labeled as a guarantee. No score, badge, report, record or statement in the Service, on the website or in our communications is such a guarantee.
• The Service is not legal advice. Nothing in the Service, the website, our documentation, our records or our communications is legal advice, and no attorney-client relationship is created. Laws and standards that may apply to your store, including the Americans with Disabilities Act, Section 508, the European Accessibility Act, state and provincial laws and WCAG, vary by jurisdiction and change over time. Whether any of them applies to you, and what they require, is a question for your own counsel.
• The Service does not prevent claims. Using the Service does not prevent, reduce the likelihood of, or protect you against complaints, demand letters, investigations, lawsuits, settlements, judgments, fines or any other legal or regulatory action concerning the accessibility of your store or anything else. We do not defend, indemnify or reimburse you for any of them.
• Fixes can be wrong. Code changes and text generated by the Service, including by artificial-intelligence models, may be inaccurate, incomplete, inappropriate for your store, or may themselves introduce problems. You are responsible for reviewing them.
• Dependencies are outside our control. Shopify, your theme, apps you install, your content, your hosting of embedded media and the browsers and assistive technologies your visitors use all affect accessibility and all change without notice to us.
• Marketing materials, articles, scores and badges are informational. Nothing on the website, in our articles, in a score, grade, count, badge, label or comparison, or in any sales or marketing communication is a warranty, a promise of any outcome, or a statement about your store in particular. Descriptions of what the Service fixes describe categories of issues, not a result for your store.
• Suggested statement or policy text is a template. Any accessibility statement, policy wording, alt text, label or other text the Service or our materials suggest is a starting point for you to verify against your store and the law before you publish it. You are responsible for everything you publish, including text the Service drafted.
• The Service is not a system of record for deadlines, evidence or litigation holds. Do not rely on the Service to preserve evidence, meet a legal or regulatory deadline, respond to a complaint or demand, or satisfy a litigation hold. Keep your own copies of anything you may need and consult your counsel.

4. Your responsibilities

You are solely responsible for your store, its content, its accessibility and its compliance with every law and standard that applies to you. Without limiting that, you agree to:

• review changes the Service proposes or applies, and test your storefront after changes, including on the devices and with the assistive technologies your customers use;
• keep your own backups of your themes and catalog, independent of any copy the Service keeps, and verify that you can restore them;
• keep the Service's access to your store current and uninstall it if you no longer want it to have that access;
• provide content, images and configuration that are lawful and that you have the right to use;
• obtain any human audit, legal review or accessibility statement you need from qualified professionals;
• decide for yourself whether to rely on any output of the Service, and not represent to anyone that the Service certifies, guarantees or warrants anything; to the fullest extent permitted by law, you waive any claim against us arising from your reliance on the Service or its output;
• engage your own legal counsel on the accessibility laws and standards that apply to you; we are not a substitute for that counsel;
• respond to and handle complaints, demands and legal process concerning your store yourself; and
• use the Service only as permitted by these Terms, Shopify's terms and applicable law.

5. Authorization to change your theme and catalog

When you approve a change, enable automatic application for a category of change, or enable a plan feature that applies changes, you authorize the Service to write to your theme files, your product records and the other resources covered by the access you granted at installation, and you direct us to do so. You acknowledge that changes to a live theme can affect how your storefront looks and behaves, can interact with other apps and customizations, and can affect sales. Before a change is applied, the Service keeps a copy of the affected file or value so that the change can be reverted through the Service. That copy is a convenience, not a backup service, and may be unavailable after uninstall, after the retention period described in our Privacy Policy, or if the theme or product has since been changed by you or by another app. Reverting restores our copy; it does not undo changes made by anyone else in the meantime.

You are responsible for changes you or anyone with access to your store makes to files or values the Service has edited, and for changes made by other apps. We are not responsible for any conflict between our changes and theirs.

6. Artificial-intelligence features

Parts of the Service use machine-learning models supplied by third parties to draft code changes, alt text, labels and attributions. Model output is probabilistic. It can be wrong, biased, out of context or different each time. We apply automated checks before anything is written to your store, but those checks are not a substitute for your review. Model output is not reviewed by a human at SiteRemora unless we have agreed to that in a separate signed agreement. The Privacy Policy describes what is sent to model providers and on what terms.

7. Records and exports

The Service keeps a log of scans, findings and changes and can export it. The log is a record of what the Service observed and did. It is not a statement of fact about your store's accessibility at any other time, and we make no representation about how any court, regulator, auditor or counterparty will treat it.

8. Plans, trials and billing

Paid plans, prices, limits and features are described on the website and in the Shopify App Store listing. All charges are made through Shopify's billing system under the plan you select in your Shopify admin, and Shopify's billing terms apply to those charges. Fees are stated in United States dollars unless the listing says otherwise, are exclusive of taxes, and are non-refundable except where the law requires a refund or Shopify's billing terms provide one.

Free plans and free trials are provided as a convenience and may be changed, limited or withdrawn at any time. Features described as unlimited are subject to fair use; we may throttle or limit use that is excessive relative to typical use of the plan.

We may change prices and plan contents. Changes to a paid plan you are already on take effect at your next billing cycle after we give you notice through the Service, the App Store listing or email, and Shopify will ask you to approve any new charge.

Enterprise and agency arrangements are governed by the separate written agreement for that arrangement; where that agreement and these Terms conflict, that agreement controls for that arrangement.

9. Acceptable use

You may not, and may not allow anyone else to: use the Service on a store you do not control or are not authorized to change; use the Service to scan or alter any site other than your own storefront; copy, modify, reverse engineer, decompile, scrape or create derivative works of the Service or its output except as permitted by law; resell, sublicense or provide the Service to third parties except under a written agency or partner agreement with us; interfere with the Service or circumvent its limits, security or billing; use the Service to violate any law or anyone's rights; or use output of the Service to train a competing product.

10. Ownership and licenses

We own the Service, including its software, checks, prompts, designs, documentation, trademarks and all improvements, and all rights not expressly granted are reserved. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own store during your subscription.

You own your store, your content and your theme. Changes the Service writes into your theme and catalog become part of your theme and catalog, and you may keep them after you uninstall. You grant us a non-exclusive, worldwide, royalty-free license to access, copy, process, store, modify and transmit your theme files, catalog data, storefront pages and other content as needed to provide, secure and improve the Service and to comply with law.

We may collect and use data about the operation and use of the Service, including findings and fix outcomes, in aggregated or de-identified form that does not identify you or your store, to operate, improve and promote the Service.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

11. Third-party services

The Service depends on Shopify's platform and APIs, on hosting, database, browser-rendering and machine-learning providers, and on your theme and the apps you install. We do not control them, their availability, their terms or their changes, and we are not responsible for them. Shopify may change or withdraw the access the Service relies on, which may interrupt or end the Service.

12. Beta and preview features

We may label features as beta, preview, early access or similar. They are provided for evaluation, may be changed or withdrawn at any time, may not work correctly, and are provided without any warranty, support or liability of any kind beyond what the law does not allow us to exclude.

13. Confidentiality

Each of us will protect the other's non-public information that is marked confidential or that a reasonable person would understand to be confidential, use it only to perform under these Terms, and disclose it only to people who need it and are bound by comparable obligations, or where the law requires disclosure.

14. Disclaimer of warranties

THE SERVICE, ITS OUTPUT AND EVERYTHING WE PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL DETECT, REPORT OR FIX ANY PARTICULAR ISSUE OR ALL ISSUES; THAT YOUR STORE WILL BE ACCESSIBLE TO ANY PERSON OR WILL CONFORM TO WCAG OR ANY OTHER STANDARD, OR COMPLY WITH THE AMERICANS WITH DISABILITIES ACT, THE EUROPEAN ACCESSIBILITY ACT OR ANY OTHER LAW; THAT ANY CHANGE THE SERVICE MAKES IS CORRECT, COMPLETE OR SAFE; THAT YOU WILL NOT RECEIVE COMPLAINTS, DEMANDS OR CLAIMS; THAT ANY RECORD OR EXPORT WILL BE ACCEPTED BY ANYONE; OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties; to that extent, the exclusions above apply to the fullest extent the law allows.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUNNI DEVELOPMENT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA OR USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, WE WILL HAVE NO LIABILITY FOR: ANY COMPLAINT, DEMAND LETTER, INVESTIGATION, LAWSUIT, SETTLEMENT, JUDGMENT, FINE, PENALTY, ATTORNEYS' FEES OR OTHER COST CONCERNING THE ACCESSIBILITY OF YOUR STORE OR YOUR COMPLIANCE WITH ANY LAW OR STANDARD; ANY ISSUE THE SERVICE DID NOT DETECT, REPORT OR FIX; ANY CHANGE THE SERVICE MADE TO YOUR THEME OR CATALOG, INCLUDING ITS EFFECT ON THE APPEARANCE, FUNCTION OR SALES OF YOUR STORE; ANY OUTPUT OF A MACHINE-LEARNING MODEL; ANY ACT OR OMISSION OF SHOPIFY OR ANY OTHER THIRD PARTY; OR ANY LOSS OF YOUR DATA THAT YOU COULD HAVE AVOIDED BY KEEPING YOUR OWN BACKUPS.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE, UNDER ANY THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE, ITS OUTPUT, OUR COMMUNICATIONS OR THESE TERMS IS TO STOP USING THE SERVICE AND UNINSTALL IT.

The limitations in this section apply together and are an essential basis of the bargain; they apply even if a remedy fails of its essential purpose, and they allocate risk between us in light of the fees charged for the Service. Some jurisdictions do not allow certain limitations; to that extent, our liability is limited to the fullest extent the law allows.

16. Indemnification

You will defend, indemnify and hold harmless Hunni Development and its owners, officers, employees, contractors, agents, suppliers and licensors from and against all claims, demands, suits, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: the accessibility of your store or your compliance with any law or standard, including any claim by any person that your store or any content on it is inaccessible or discriminatory; your store, your content, your theme and the apps you use; your use of the Service, including changes you approved, enabled or applied; your breach of these Terms or of any law; or any dispute between you and any third party. We may participate in the defense with counsel of our choice at our expense, and you may not settle any claim that imposes an obligation on us without our written consent.

17. Term, suspension and termination

These Terms apply from the moment you first install or use the Service and continue until the Service is uninstalled from every store you control and all amounts due are paid. You may stop using the Service at any time by uninstalling it through your Shopify admin. We may suspend or terminate the Service, in whole or in part, at any time with or without notice if we believe you have breached these Terms, if required by Shopify or by law, if continuing would create a security, legal or technical risk, or if we discontinue the Service; where practicable we will give you notice. On termination, your license ends, changes already written into your theme and catalog remain in place unless you revert them, and we delete your data as described in the Privacy Policy. Sections 3, 4, 7, 10, 13 through 16, 18 through 20 and 22, and any other provision that by its nature should survive, survive termination.

18. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of New York, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before starting any proceeding, the party raising a dispute will send the other a written notice describing it and the relief sought, and both parties will try in good faith to resolve it for thirty (30) days. Notices to us go to hello@siteremora.com; notices to you go to the email address on your Shopify account.

Binding arbitration. If a dispute is not resolved informally, it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, in New York, New York or by video conference, in English. The Federal Arbitration Act governs this section. The arbitrator may award the same relief a court could award to an individual party and may not award relief to or against anyone who is not a party. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

CLASS ACTION AND JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM WILL BE DECIDED BY A COURT, NOT AN ARBITRATOR, AND STAYED PENDING THE ARBITRATION OF ALL OTHER CLAIMS.

Batching. If twenty-five (25) or more demands for arbitration are filed against us by claimants represented by the same or coordinated counsel raising similar claims, the demands will be administered in batches of up to one hundred (100), with one arbitrator and one set of filing and administrative fees per batch, and each batch will be resolved before the next is filed. The parties will cooperate with the administrator on the batching procedure, and a court may enforce this paragraph.

Public injunctive relief. Nothing in this section prevents either party from seeking public injunctive relief in court where the law provides that right and does not allow it to be waived; any such claim will be stayed pending the arbitration of all other claims.

Opt-out. You may opt out of arbitration by emailing hello@siteremora.com within thirty (30) days after you first accept these Terms, stating your store's domain and that you opt out; if you do, disputes will be brought exclusively in the state or federal courts located in New York, New York, and both parties consent to their jurisdiction. The class action and jury waivers still apply.

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after it accrues, or it is permanently barred, to the extent the law allows.

19. Changes to these Terms

We may change these Terms. When we do, we will post the updated Terms on the website with a new effective date and, for material changes, give you notice through the Service, the App Store listing or email at least fourteen (14) days before they take effect, unless a change is needed sooner to comply with law or address a security or legal risk. Your continued use of the Service after the effective date is acceptance of the updated Terms. If you do not agree, uninstall the Service before the effective date. Changes apply prospectively; a dispute that arose before a change is governed by the version in effect when it arose, and we will not change Section 18 for a dispute of which we already had notice.

20. General

These Terms, the Privacy Policy and any separate written agreement with us for an enterprise or agency arrangement are the entire agreement between us about the Service and replace all prior or contemporaneous understandings. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of Shopify or other providers. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. A failure to enforce a provision is not a waiver. The parties are independent contractors; nothing creates a partnership, agency, fiduciary or employment relationship. There are no third-party beneficiaries. You will comply with export-control and sanctions laws and represent that you are not on any restricted-party list. Headings are for convenience only; "including" means "including without limitation." These Terms are written in English; any translation is for convenience and the English version controls. Notices to us must be sent to hello@siteremora.com.

21. Communications

By installing the Service you agree that we may send messages about the Service to the email address on your Shopify store, to any address you add in the Service, and to anyone who contacts us from your store. Transactional messages include scan results, alerts about new issues, changes the Service made or proposes, security notices, changes to the Service or these Terms, billing and plan notices, and replies to your requests. You can adjust some of these in the Service's settings, and uninstalling ends them. We may also send promotional email about features, plans, content and offers; every promotional email carries an unsubscribe link, and opting out of promotional email does not stop transactional messages, which are part of the Service.

22. Agencies, developers and partner codes

If you install or use the Service on a store you do not own, including as an agency, developer, freelancer, consultant or other service provider, you represent that you have authority to bind the store's owner to these Terms, and the store's owner is the Customer for that store. You are responsible for your own use of the Service on that store and for any use by your clients that you direct, configure or control, and you will make sure your clients know what the Service does and does not do as described in Section 3. Partner codes, agency pricing, comped access and similar arrangements are offered at our discretion, may be changed, limited or withdrawn at any time, apply only to the stores we approve, and may not be resold, shared or transferred. Where we have a separate written partner agreement with you, it controls for that arrangement.

23. Support

Support is provided by email and through the materials on the website, as described on the website at the time, during our normal business hours. We do not commit to any response or resolution time, and we may decline requests outside the scope of the Service, unless a signed enterprise agreement says otherwise. Guidance given in support is informational and is not legal advice.

24. Contact

Hunni Development, maker of SiteRemora. Email: hello@siteremora.com. Website: https://siteremora.com.