Beanstalk Web Solutions LLC ("we", "us", "our") grants you a non-exclusive, non-transferable, limited licence to use Beanstalk's Governance Studio ("the Software") solely for internal professional accessibility and digital quality assessment purposes, subject to these Terms.
One subscription covers one company or organisation. The licence is per-company, not per-user. You may not transfer, sublicense, or share access with any party outside your organisation.
Automated accessibility scanning typically identifies a subset of accessibility issues. Manual testing by qualified human evaluators is required for comprehensive WCAG conformance assessment. Clients should seek independent qualified legal counsel for determinations regarding ADA, Section 508, EN 301 549, or other legal compliance obligations.
Beanstalk Web Solutions LLC makes no representation that use of this Software or its reports will ensure legal compliance with any accessibility regulation.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.
Beanstalk Web Solutions LLC does not warrant that the Software will be error-free, uninterrupted, or that all accessibility issues on a given website will be identified. Accessibility standards evolve and the Software is updated periodically but may not reflect the most current guidance at all times.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEANSTALK WEB SOLUTIONS LLC, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Access to Beanstalk's Governance Studio is provided on an annual subscription basis. Subscriptions are invoiced and managed externally through Beanstalk Web Solutions LLC's billing system.
Beanstalk's Governance Studio, including its source code, design, reports, documentation, and all related materials, are the proprietary intellectual property of Beanstalk Web Solutions LLC and are protected by copyright and other intellectual property laws. These Terms do not transfer any ownership rights to you.
Open-source components used within the Software (including axe-core, Playwright, Electron, and others) are subject to their respective open-source licences.
We may terminate or suspend your access to the Software immediately, without notice or liability, for any breach of these Terms, including but not limited to credential sharing, reverse engineering, or non-payment. Upon termination, your right to use the Software ceases immediately.
Your use of the Software is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Software, you also accept the Privacy Policy. The Privacy Policy describes how we collect, use, and protect the limited data associated with your account.
The Software uses Google Firebase for authentication and session management, and ZeptoMail for transactional email. Your use of the Software is also subject to Google's Terms of Service and Privacy Policy with respect to Firebase services. We are not responsible for the practices of these third-party services.
You agree to indemnify, defend, and hold harmless Beanstalk Web Solutions LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Software, your violation of these Terms, or your violation of any third-party rights.
These Terms are governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Software shall be subject to the exclusive jurisdiction of the courts of St. Louis, Missouri.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date and, where appropriate, notifying you via email. Your continued use of the Software after any changes constitutes your acceptance of the revised Terms.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Beanstalk Web Solutions LLC regarding your use of the Software and supersede all prior agreements, understandings, and communications.
For questions regarding these Terms, please contact us at beanstalkwebsolutions.com