Terms of Service &
Service Agreement

Wearified Security operates exclusively as an independent risk reduction consultancy. We are not a law firm, attorney, certified accessibility auditor, government agency, or regulatory body of any kind.

We do not provide legal advice, legal opinions, or guarantees of regulatory compliance. Our services are designed to help identify potential website accessibility issues and reduce the risk of future legal claims. We cannot and do not guarantee that our reports will prevent any legal action, complaint, fine, or enforcement proceeding.

Subject to these terms and the Client's selected plan, Wearified Security agrees to deliver the following services on a recurring monthly basis:

• Accessibility Scan: Full website accessibility scan based on WCAG 2.1 Level AA criteria across key pages including homepage, contact, services, forms, and checkout
• Issue Categorisation: Identification and categorisation of all issues found by severity — Critical, Moderate, and Minor
• Legal Risk Mapping: Each issue mapped to the specific law or standard it may implicate, including ADA Title II or III, WCAG 2.1, and California Unruh Civil Rights Act
• Fix Recommendations: Plain-English, developer-ready remediation recommendations prioritised by legal risk level
• Data Breach Monitoring: Monthly check of the Client's registered business email address against known breach and dark web databases
• Monthly PDF Report: A professionally formatted report delivered to the Client's email within 5 business days of each billing renewal date
• Quarterly Review Call (Quarterly and Bi-Annual plans only): A 30-minute account review call every quarter to discuss findings and priorities

Our monitoring and reporting framework references the following federal and state laws and standards. This information is current as of April 2026 and is provided for informational context only — it does not constitute legal advice:

• Americans with Disabilities Act (ADA) Title II — Updated 2026: Applies to all state and local government entities and their digital properties. The DOJ's April 2024 Final Rule requires conformance with WCAG 2.1 Level AA. On April 20, 2026, the DOJ issued an Interim Final Rule extending compliance deadlines — entities serving populations over 50,000 must now comply by April 26, 2027; entities serving populations under 50,000 must comply by April 26, 2028
• Americans with Disabilities Act (ADA) Title III: Applies to private businesses open to the public, including commercial websites and e-commerce platforms. WCAG 2.1 Level AA is the universally recognised benchmark applied by US courts. Private businesses are not covered by the Title II extended deadlines and remain subject to ongoing ADA Title III enforcement
• HHS Healthcare Compliance Deadline — May 11, 2026: All healthcare organisations receiving funding through the Department of Health and Human Services (HHS) must comply with specific WCAG accessibility standards for websites and digital communications by May 11, 2026. This directly affects dental practices, medical offices, and healthcare providers
• Section 508 of the Rehabilitation Act: Applies specifically to federal government agencies and organisations that contract with or receive federal funding. Private businesses that do not receive federal funding are not directly subject to Section 508
• California Unruh Civil Rights Act (Cal. Civil Code § 51) — Highest Risk: Extends ADA protections to all individuals in California. Any ADA violation automatically constitutes an Unruh Act violation. Carries statutory damages of a minimum $4,000 per violation — which may triple to $12,000 if emotional distress is proven — plus full attorney fees, with no actual harm required to file a claim. California recorded 3,252 ADA-related lawsuits in 2025, the highest of any US state. The Unruh Act carries a 3-year statute of limitations
• California Disabled Persons Act (CDPA): Provides additional state-level protections independent of the Unruh Act and creates separate grounds for legal action
• California Assembly Bill 1757 (AB 1757) — Pending: Introduced in 2024 and still under consideration as of April 2026. If passed, it would formally require all websites and mobile apps offering goods or services in California to meet WCAG 2.1 Level AA, and would create a direct private right of action against non-compliant businesses and third-party developers
• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA): Govern the collection, processing, and storage of personal data of California residents. Applies to any business serving California consumers regardless of where the business is headquartered
• Other US State Laws: Virginia Consumer Data Protection Act (CDPA), Colorado Privacy Act (CPA), Texas Data Privacy and Security Act (TDPSA), and similar emerging state-level privacy and accessibility frameworks

The reports and findings provided by Wearified Security are strictly for informational and advisory purposes only. They do not constitute legal advice, legal opinion, or any guarantee of regulatory compliance with any federal or state law or regulation — including but not limited to the ADA, Unruh Act, WCAG 2.1, CCPA, CPRA, or any HHS regulation.

Wearified Security is not a law firm and does not provide legal services of any kind. Nothing in any report produced under this Agreement creates an attorney-client relationship between the parties.

All fees are quoted and charged in United States Dollars (USD). The following pricing structure applies based on the plan selected at signup:

• Monthly Plan: $899 first month, then $399 every month from month two onward
• Quarterly Plan: $749 first month, then $333 every month from month two onward
• Bi-Annual Plan: $699 first month, then $299 every month from month two onward

• Payment is due on the same calendar date each month as the Agreement commencement date
• Accepted payment methods: ACH Bank Transfer, Credit Card, PayPal, Stripe
• Invoices will be issued 3 business days before each payment due date
• Accounts not paid within 7 calendar days of the due date may be suspended without further notice
• A late payment fee of 1.5% per month may be applied to any outstanding balance

This Agreement commences on the date of electronic acceptance and continues on a rolling monthly basis until terminated by either party in accordance with the terms below.

• Cancellation by the Client: The Client may cancel at any time by providing a minimum of 14 calendar days written notice by email to Wearified Security's registered email address
• No Refunds: No refunds will be issued for the current billing month at the time cancellation notice is received
• Report Retention: All previously delivered reports remain the property of the Client following cancellation
• Cancellation by Wearified Security: Wearified Security may terminate this Agreement with 14 calendar days written notice to the Client
• Immediate Termination: Wearified Security reserves the right to terminate immediately without refund if the Client is found to be in material breach of this Agreement

To the fullest extent permitted by applicable federal and state law, including the laws of the State of California:

• Wearified Security shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages of any kind arising from or related to the services provided under this Agreement
• Wearified Security shall not be held responsible for any regulatory penalties, government fines, civil claims, DOJ investigations, ADA lawsuits, Unruh Act claims, CCPA or CPRA enforcement actions, HHS enforcement actions, or any other legal proceedings brought against the Client
• Wearified Security's total cumulative liability under this Agreement shall not exceed the total fees paid by the Client in the 30 calendar days immediately preceding the event giving rise to the claim
• Wearified Security does not warrant or guarantee that implementation of any recommendations will achieve or maintain full WCAG 2.1 Level AA conformance or legal compliance with any applicable law
• The Client acknowledges that digital accessibility compliance is a continuous and evolving obligation and that no single report constitutes a complete or permanent compliance solution

The Client agrees to indemnify, defend, and hold harmless Wearified Security and its owners, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses — including reasonable attorneys' fees — arising out of or related to:

• The Client's use of or reliance upon any report, finding, or recommendation provided under this Agreement
• The Client's failure to comply with any applicable federal, state, or local accessibility, privacy, or anti-discrimination law
• Any ADA lawsuit, Unruh Act claim, CCPA enforcement action, HHS compliance action, or similar proceeding brought against the Client
• Any third-party legal claim brought against Wearified Security as a direct result of services provided to the Client

• Both parties agree to keep all proprietary and sensitive information exchanged under this Agreement strictly confidential
• Wearified Security will not sell, share, rent, or disclose the Client's business data, website information, or personal details to any unauthorised third party
• Reports produced are for the Client's internal business use only and may not be resold, redistributed, or publicly disclosed without prior written consent from Wearified Security
• These confidentiality obligations shall survive the termination or expiration of this Agreement indefinitely

Wearified Security is committed to protecting the personal data of its clients in compliance with applicable US privacy laws current as of April 2026:

• Wearified Security collects only the minimum necessary business information required to deliver agreed services
• Wearified Security does not sell, share for cross-context behavioral advertising, or otherwise monetise any personal information belonging to the Client
• California residents have the right to request access to, correction of, or deletion of their personal data held by Wearified Security at any time by written request to thewearified@gmail.com
• Verified data requests will be responded to within 45 calendar days as required by California law
• Wearified Security applies reasonable data minimisation and security practices consistent with applicable state privacy laws including Virginia CDPA, Colorado CPA, and Texas TDPSA
• The Client's data is stored securely and retained only as long as necessary to deliver the agreed services or as required by applicable law

All report templates, methodologies, systems, scanning processes, and formats developed and used by Wearified Security remain its exclusive intellectual property. The Client is granted a limited, non-exclusive, non-transferable, revocable licence to use delivered reports solely for their own internal business purposes. This licence does not permit reproduction, resale, sublicensing, or public distribution of any report or portion thereof.

The Client agrees not to use any report, finding, or recommendation provided under this Agreement for any purpose that is unlawful, discriminatory, or harmful to any individual or third party. No report shall be used as the sole evidentiary basis for any legal proceeding, regulatory complaint, or formal action against any individual or entity without first obtaining independent qualified legal advice from a licensed US attorney.

• The parties shall first attempt to resolve any dispute informally through good-faith written negotiation within 30 calendar days of written notice of the dispute
• If informal resolution is unsuccessful, the parties agree to submit the dispute to binding arbitration administered under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules
• Arbitration shall take place in the State of California unless otherwise mutually agreed in writing
• Each party shall bear its own legal costs unless the arbitrator determines otherwise
• Class Action Waiver: The Client expressly waives any right to bring claims as a class action or in a representative capacity
• Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction to prevent immediate and irreparable harm

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and, where applicable, the laws of the State of California, without regard to any conflict of law principles. To the extent that court proceedings are necessary and arbitration is waived or inapplicable, the parties consent to the exclusive personal jurisdiction of the state and federal courts located in the State of California.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect.

This Agreement constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous discussions, representations, negotiations, or agreements, whether written or oral. No amendment, modification, or waiver of any provision shall be effective unless made in writing and signed by duly authorised representatives of both parties.

Electronic acceptance of these terms — including ticking the checkbox on the Wearified Security website contact form — constitutes a valid, legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (CUETA).