Terms of Use

These Terms of Use (“Terms”) govern your access to and use of Telemetry Design UX Tool, including our website, applications, reports, assessments, tools, downloads, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Services.

1. About the Services

Telemetry Design UX Tool provides tools intended to help users evaluate, understand, and improve websites and digital experiences. Depending on the tool you use, the Services may provide information related to topics such as website structure, user experience, accessibility, content, color contrast, heuristics, or other aspects of digital products.

The Services are intended to support professional judgment—not replace it.

Results generated through the Services may be based on automated analysis, manually entered information, third-party data, generally accepted industry practices, proprietary evaluation criteria, or a combination of these methods.

2. Results Are Informational, Not Guarantees

We work to make the Services useful and accurate, but no website analysis tool can identify every issue or account for every circumstance.

Reports, scores, recommendations, findings, classifications, crawled URLs, accessibility results, and other information provided through the Services may contain errors, omissions, false positives, false negatives, outdated information, or incomplete results.

You should independently review important findings before making business, design, technical, legal, financial, or other consequential decisions based on them.

Use of the Services does not guarantee that:

• a website is free of usability or accessibility problems;
• every page, component, color, issue, or URL has been identified;
• implementing a recommendation will produce a particular result;
• a website complies with any law, regulation, standard, guideline, or contractual obligation;
• a website will meet the needs of every user or assistive technology;
• search engines, browsers, crawlers, analytics systems, or other third-party technologies will produce the same findings.

The Services are one source of information and should be used together with appropriate professional judgment, testing, research, and human review.

3. Accessibility Disclaimer

Accessibility tools provided through the Services are intended to help identify potential accessibility concerns.

They are not a certification of accessibility or legal compliance.

Automated accessibility testing can identify some—but not all—accessibility barriers. Many accessibility requirements require human evaluation, contextual review, assistive-technology testing, or user testing.

A passing result, score, report, or absence of detected issues does not establish compliance with the Americans with Disabilities Act (ADA), Section 508, the Web Content Accessibility Guidelines (WCAG), or any other accessibility law, regulation, policy, or standard.

You are responsible for determining what accessibility requirements apply to your organization and for obtaining appropriate professional or legal guidance where necessary.

4. No Professional Advice

The Services may contain recommendations concerning user experience, accessibility, content, information architecture, design, development, or related topics.

This information is provided for general informational purposes and does not constitute legal, compliance, financial, security, engineering, or other regulated professional advice.

Nothing provided through the Services creates a consultant-client, attorney-client, fiduciary, or other professional relationship unless you have separately entered into a written agreement with us for professional consulting services.

5. Website Crawling and User Authorization

If you use a feature that scans, crawls, analyzes, or otherwise accesses a website, you represent that you have the right or authorization to submit that website for analysis.

You are responsible for ensuring that your use of the Services complies with applicable agreements, website policies, technical restrictions, and laws.

You may not intentionally use the Services to disrupt, overload, damage, interfere with, circumvent restrictions on, or gain unauthorized access to another website, system, or network.

We may impose limits on crawling, scanning, storage, requests, or other activity to protect the Services and third parties.

6. User-Provided Information

You are responsible for information that you submit to the Services, including URLs, website information, colors, content, project data, comments, and other materials.

You represent that you have the necessary rights to provide this information and permit us to process it as necessary to provide the Services.

You are responsible for reviewing your information for accuracy before relying on results generated from it.

7. Third-Party Services and Data

The Services may rely on or interact with third-party software, hosting providers, APIs, libraries, standards, websites, data sources, or other services.

We do not control third-party services and cannot guarantee their availability, accuracy, security, functionality, or continued operation.

Changes to third-party systems may affect the functionality or results of our Services without notice.

References to third-party products, companies, standards, or services do not necessarily constitute an endorsement.

8. Availability and Changes to the Services

We may add, modify, suspend, limit, discontinue, or change any feature of the Services at any time.

We do not guarantee that the Services will always be available, uninterrupted, secure, or error-free.

Certain features may be offered as experimental, preview, beta, free, or early-access functionality. Such features may change substantially or be removed without notice.

9. Intellectual Property

The Services, including their design, software, interface, branding, documentation, methodologies, evaluation frameworks, report structures, original written materials, and other proprietary content, are owned by or licensed to Apollo UX Design LLC and are protected by applicable intellectual-property laws.

Unless we give you written permission, you may not reproduce, redistribute, sell, sublicense, reverse engineer, scrape, systematically extract, or create a competing product using substantial portions of our proprietary content or methodologies.

You retain ownership of materials that you submit to the Services.

Reports and exports generated for you may be used for your own internal business, client, consulting, research, or evaluation purposes, subject to any restrictions associated with your account or subscription.

10. Acceptable Use

You agree not to use the Services to:

• violate applicable law or the rights of another person;
• attempt unauthorized access to websites, systems, accounts, or data;
• introduce malware or harmful code;
• interfere with the operation or security of the Services;
• circumvent usage, account, payment, or technical limitations;
• misuse crawling or scanning functionality;
• impersonate another person or organization;
• copy or systematically extract proprietary portions of the Services for the purpose of creating a competing service.

We may suspend or terminate access when we reasonably believe the Services are being misused.

11. Paid Services

Some features may require payment.

Prices, features, usage limits, billing periods, and other subscription terms will be presented at the time of purchase.

Unless otherwise stated, fees are charged for access to the applicable Services and not for any guaranteed business outcome, assessment result, compliance determination, or improvement in website performance.

All purchases are final. Except where the Services are proven defective, we do not offer refunds. You purchase and use paid features at your own risk.

12. Consulting and Human Review Services

We may separately offer professional review, consulting, analysis, or report-preparation services.

Any such engagement may be subject to a separate statement of work, agreement, proposal, or other terms.

Purchasing software access does not automatically create a consulting relationship, and purchasing consulting services does not guarantee any particular outcome unless expressly stated in a separate written agreement.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available.”

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, and results.

We do not warrant that the Services will identify every issue, that results will be complete or error-free, or that use of the Services will result in compliance with any particular standard, law, guideline, or requirement.

You use and rely on the Services at your own discretion and risk.

14. Limitation of Liability

To the maximum extent permitted by law, Apollo UX Design LLC and its owners, employees, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, business, goodwill, or opportunity, arising from or related to your use of or inability to use the Services.

This includes damages arising from reliance on reports, recommendations, accessibility results, crawl data, scores, findings, or other information provided through the Services.

To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Services will not exceed the greater of:

1. the amount you paid us for the Services during the twelve months preceding the event giving rise to the claim; or
2. $100.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the limitations above may not apply to you.

15. Your Responsibility for Decisions

You remain responsible for decisions you make based on information provided through the Services.

Before implementing significant design, development, accessibility, migration, content, or business changes, you should evaluate whether additional research, testing, professional review, or legal advice is appropriate.

We are not responsible for actions taken or not taken based on the Services.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Apollo UX Design LLC, its owners, employees, contractors, and affiliates from claims, damages, liabilities, losses, and reasonable expenses arising from:

• your misuse of the Services;
• your violation of these Terms;
• content or information you submit through the Services;
• your violation of another person's rights; or
• your unauthorized scanning, crawling, or analysis of third-party websites.

17. Termination

You may stop using the Services at any time.

We may suspend or terminate access to the Services if you materially violate these Terms, misuse the Services, fail to pay applicable fees, create security or legal risk, or engage in activity that could harm us, our users, or third parties.

Sections that by their nature should survive termination will remain in effect after termination.

18. Changes to These Terms

We may update these Terms periodically.

When we make material changes, we will update the “Last updated” date and may provide additional notice where appropriate.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

19. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law principles.

Any dispute arising from or relating to these Terms or the Services will be handled in the courts located in Maricopa County, Arizona, unless applicable law requires otherwise.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms that apply to particular Services, constitute the agreement between you and Apollo UX Design LLC concerning your use of the Services.

A separate signed consulting agreement, statement of work, or other written agreement may supersede these Terms with respect to the specific services covered by that agreement.

22. Contact

Questions about these Terms may be sent to: