Terms & Conditions

These Terms & Conditions govern all services provided under the ADA Active Shield™ program, operated by UpPluck Social LLC and any of its partners, subsidiaries, affiliated brands, or authorized agents (collectively "ADA Active Shield," "we," "us," or "our"). By engaging our services you ("Client") agree to these Terms in full.

CRITICAL DISCLAIMER: ADA Active Shield provides accessibility audit, remediation, and monitoring services based on WCAG 2.1 Level AA standards as interpreted at the time of service. We do not guarantee that completion of our services will render any website fully immune from ADA-related lawsuits, demand letters, DOJ investigations, or state-level enforcement actions.

The Client assumes sole and complete legal liability for any and all ADA-related claims, lawsuits, fines, penalties, settlements, or legal fees brought against them in any jurisdiction. ADA Active Shield and UpPluck Social LLC are not liable for any legal action brought against the Client regardless of whether such action arises before, during, or after delivery of our services.

In no event shall ADA Active Shield or UpPluck Social LLC be liable for any indirect, incidental, consequential, punitive, or special damages of any kind. Our total aggregate liability shall not exceed the total amount paid by you in the three (3) months preceding the claim.

All audits are limited to specific pages and content reviewed at the time of service. The badge does not represent ongoing compliance and is only valid as of the date of issuance. Subsequent changes to the website may introduce new issues and void the certification.

IMPORTANT: The ADA Active Shield™ accessibility widget (and any similar overlay, toolbar, or plugin) is a user-experience enhancement tool only. It is not a substitute for WCAG 2.1 AA conformance, code-level remediation, manual auditing, or legal compliance, and installing it does not make a website ADA-compliant or immune from lawsuits, demand letters, or regulatory enforcement. In April 2025 the U.S. Federal Trade Commission fined accessiBe $1 million for falsely claiming its overlay widget could make any website WCAG-compliant — the first FTC enforcement action against an accessibility-overlay vendor for deceptive practices. ADA Active Shield expressly disclaims any representation that the widget, on its own, achieves or maintains compliance. True compliance requires a full audit, code-level remediation, and ongoing monitoring as separately offered in our service tiers.

ADA Active Shield is not responsible for the accessibility of third-party widgets, booking systems, payment processors, or embedded tools. Remediation of third-party tools is subject to vendor platform limitations and is not guaranteed.

All services and communications from ADA Active Shield are provided for informational and technical purposes only and do not constitute legal advice. We strongly recommend consulting a qualified attorney regarding your specific ADA compliance obligations.

WCAG and ADA digital accessibility standards evolve over time. Our services are based on current standards at the time of delivery. Active Shield monitoring subscribers will be notified of material standards changes as they arise.

Client agrees to: (a) provide accurate website information; (b) grant necessary access for auditing; (c) notify us of material site changes within 30 days; (d) not misrepresent certification status; (e) not display the badge on pages not covered by the audit.

The badge is licensed — not sold — for display on audited pages only. The license is valid for the duration of an active monitoring subscription or 12 months from remediation completion. We reserve the right to revoke badge usage if the Client materially alters the site without notification.

All audit and remediation fees are due upon project commencement. No refunds will be issued once a project has begun. Monthly subscriptions may be cancelled with 30 days written notice.

Client agrees to indemnify and hold harmless ADA Active Shield and UpPluck Social LLC from all claims, damages, and expenses arising from: (a) Client's website content; (b) failure to maintain compliance after remediation; (c) any ADA-related claim brought against Client; or (d) misuse of the certification badge.

These Terms shall be governed by the laws of the Commonwealth of Massachusetts. Any disputes shall be resolved exclusively in the courts of Worcester County, Massachusetts.