Terms of Service

1. Agreement

By accessing or using OverlayRiskWitness (“Service”, “we”, “us”), you agree to these Terms of Service (“Terms”). If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Service description

OverlayRiskWitness is a SaaS evidence-documentation tool. On your request, the Service:

• loads your submitted web pages using a headless browser with any detected accessibility overlay both active and blocked
• runs axe-core on each render and records the rule-by-rule difference
• captures timestamped DOM snapshots and screenshots as evidence artifacts
• packages those artifacts into a downloadable Risk Packet tied to your account
• optionally monitors your pages on a recurring schedule and alerts you to drift

The Service produces documentation of observable facts. It does not evaluate legal compliance, issue legal opinions, or guarantee any outcome in any legal proceeding.

3. Acceptable use

You may only submit URLs for pages that you own, operate, or have explicit authorization to test. You must not use the Service to:

• scan pages belonging to third parties without their consent
• attempt to circumvent rate limits, security controls, or authentication
• resell raw evidence packets without our prior written agreement
• use the Service in violation of any applicable law or regulation
• transmit malicious code or interfere with the Service infrastructure

We reserve the right to suspend accounts that violate this section without prior notice.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at legal@overlayrisk.com if you become aware of any unauthorized use of your account.

The free one-page witness is available without account registration. An account is required to purchase Risk Packets and subscribe to monitoring plans.

5. Subscriptions, billing, and refunds

5.1 Plans

Prices are in USD. We reserve the right to change prices with 30 days’ notice to existing subscribers.

5.2 Billing

All payments are processed by Stripe. Monthly subscriptions are billed in advance on the same calendar day each month. One-time Risk Packet purchases are charged at checkout. By providing a payment method, you authorize us to charge all amounts due via Stripe.

5.3 Cancellation

You may cancel a monthly subscription at any time from the billing section of your dashboard. Cancellation takes effect at the end of the current billing period; access continues until that date.

5.4 Refunds

Risk Packet purchases (one-time, $49) are non-refundable once the evidence packet has been generated and made available for download. Monthly subscriptions are not refunded for partial months. If you believe a charge was made in error, contact legal@overlayrisk.com within 7 days of the charge; we will review on a case-by-case basis.

6. Intellectual property

The Service, its underlying software, and all content we create (including the user interface, documentation, and branding) are owned by OverlayRiskWitness and protected by applicable intellectual property law. You are granted a limited, non-exclusive, non-transferable license to use the Service for your own internal business purposes.

Evidence packets and scan outputs generated from your submitted URLs are yours. You retain ownership of your URLs and any content on your pages. You grant us a limited license to access those URLs for the purpose of running witnesses on your behalf.

7. Disclaimers and limitation of liability

7.1 As-is warranty

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted or error-free.

7.2 No legal outcome guarantee

We make no representation that use of the Service, possession of a Risk Packet, or any finding produced by the Service will result in a favorable outcome in any legal, regulatory, or enforcement proceeding. Evidence documentation is a tool for counsel’s use; it is not a substitute for legal strategy or advice.

7.3 Limitation of liability

To the maximum extent permitted by applicable law, OverlayRiskWitness and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising out of your use of or inability to use the Service. In no event will our total aggregate liability exceed the greater of (a) the amounts you paid to us in the 12 months preceding the claim or (b) one hundred US dollars ($100).

8. Termination

Either party may terminate at any time. You may close your account from the dashboard settings. We may suspend or terminate your account if you violate these Terms, with or without notice, depending on the severity of the violation. Upon termination, your right to use the Service ceases. Sections 6, 7, 9, and 10 survive termination.

9. Governing law and disputes

These Terms are governed by the laws of [Jurisdiction], without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts located in [Jurisdiction]. You waive any objection to jurisdiction or venue in those courts.

TODO: Replace [Jurisdiction] with your governing jurisdiction before launch. Have counsel confirm the appropriate venue clause.

10. Changes to these Terms

We may revise these Terms from time to time. When we make material changes, we will update the “Last updated” date and notify you by email or in-app notice. Continued use of the Service after changes take effect constitutes your acceptance. If you do not agree to updated Terms, you must stop using the Service and may close your account.

11. Contact

For legal inquiries, Terms questions, or acceptable-use reports, contact us at legal@overlayrisk.com.