Terms of Service

1. Acceptance of Terms

These Terms are entered into between you and Angstroma, Inc., a Delaware corporation that operates INCLUXA ("INCLUXA," "we," "us," or "our").

By accessing or using any part of the INCLUXA platform — including incluxa.com, the portal, the widget SDK, the API, or the browser extension — you agree to be bound by these Terms of Service ("Terms"). If you use INCLUXA on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not use our services.

2. Account Registration

To register for an INCLUXA portal account (incluxa.com), you must be at least 18 years old and provide accurate, complete information. You are responsible for all activity that occurs under your account and for keeping your credentials confidential.

Widget end-users. The INCLUXA accessibility widget is embedded on customer-operated websites and does not require end-user registration. End-users interact with the widget under the customer's own terms of service. In the Schools tier context, student end-users access accessibility features under the district agreement and applicable student-privacy law — see Section 18.

Notify us immediately at security@incluxa.com if you suspect unauthorized access to your account.

3. Our Services

INCLUXA provides: Accessibility Widget, WCAG Scanner, AI Remediation, Compliance Reports, REST API, Browser Extension, and the Portal dashboard. We may add, modify, or remove features with reasonable notice. We will not remove core functionality from paid plans without adequate notice and a path to cancel.

4. Acceptable Use

You may not:

• Resell, sublicense, or white-label INCLUXA without our written consent
• Embed the widget on websites you do not own or have authorization to modify
• Scan websites you do not own or have explicit permission to test
• Reverse-engineer, decompile, or extract source code from our software
• Circumvent rate limits, plan limits, or security controls
• Use our services for any unlawful purpose

5. Widget License

Subject to your active subscription and compliance with these Terms, INCLUXA grants you a limited, non-exclusive, non-transferable, revocable license to embed the INCLUXA widget on websites you own or operate.

This license is conditioned on an active plan (a paid subscription or a trial). If you have no active plan — for example after a cancelled trial, a subscription that ends, a payment that finally fails, or a refund — the widget pauses on your sites until you choose a plan. Your account data is kept while the widget is paused. The widget SDK and all associated intellectual property remain the exclusive property of INCLUXA.

6. Plans and Payments

6.1 Base subscription. Paid plans are billed in advance monthly or annually via Stripe. By providing payment details you authorize recurring charges at each renewal.

• Monthly plans renew every 30 days; annual plans renew every year
• Prices are shown on our Pricing page — we give 30 days' notice before increasing prices for existing subscribers
• All base plans are billed in USD via Stripe
• You are responsible for applicable taxes (VAT, GST, sales tax)
• Stripe retries failed payments over roughly two weeks; the widget keeps running meanwhile, and the portal is locked until the card is updated. If the last retry fails, the subscription ends and the widget pauses (see Section 7)

6.2 14-day Pro trial. Every self-serve plan (Solo, Starter and Pro) starts with a 14-day trial of Pro features. A payment card is required at sign-up and nothing is charged that day. At the end of the trial, the plan you chose is billed automatically to that card unless you cancel before the trial end date shown in Billing. If you cancel during the trial you are not charged, and without an active plan the widget pauses until you choose one. One trial per customer.

6.3 Annual and promotional discounts. Promotional discounts (including the standard ~17% annual savings when paying yearly instead of monthly) are applied automatically at checkout and disclosed on the Pricing page and in your Stripe invoice.

• Time-limited promotional discounts (where offered) apply for the duration stated at checkout, after which the subscription renews at the standard listed rate
• We email a renewal reminder at least 14 days before any time-limited discount expires so you can cancel, downgrade, or switch billing cycle if desired
• Annual discounts persist for as long as you remain on annual billing; switching to monthly forfeits the annual discount at the next renewal
• Discounts do not stack with coupon codes unless explicitly stated

6.4 AI credit-pool add-on. AI features are sold as a separate monthly credit-pool add-on that stacks on any paid base plan. The add-on is billed through Stripe in USD only, globally.

• Tiers: Lite $29/2,000 credits, Plus $59/5,000 credits, Max $99/10,000 credits, Scale $179/30,000 credits per month
• Each AI task consumes credits based on the Claude model you pick (Smart Mode): Haiku (Standard) = 1 credit, Sonnet (Smart) = 3 credits, Opus (Genius) = 15 credits
• Cache hits for identical content (7-day cache, partitioned by Smart Mode tier) do not consume credits
• Unused credits do not roll over. Credits reset on your AI add-on anniversary date
• Tier changes are prorated using Stripe's standard proration
• Cancelling the AI add-on takes effect at the end of the current credit period; pending credits remain usable until then

6.5 AI overage. If you exhaust your monthly credit pool, further AI tasks are billed as metered overage at $0.02 per credit to your saved payment method.

• There is no self-serve overage cap. You can check your credit usage in Billing in the Portal at any time
• You will never be charged overage without a prior AI add-on purchase; customers without the AI add-on cannot incur AI charges
• Enterprise contracts may set their own cap, currency, and rollover terms by written agreement; in case of conflict, the signed order form governs

6.6 Page limits. There is no pay-as-you-go page billing. If your sites stay over your plan's page limit for 30 days, the Portal requires an upgrade before you can keep using it. The widget keeps running on your sites in the meantime.

6.7 Taxes, chargebacks, and disputes. Listed prices exclude applicable taxes. Chargebacks or reversed payments may result in suspension of paid features until the balance is resolved. For billing disputes, email billing@incluxa.com within 60 days of the invoice date.

7. Cancellation and Refunds

You may cancel your subscription at any time from Billing → Manage subscription in the Portal, or by emailing billing@incluxa.com.

When cancellation takes effect:

• A cancellation request is recorded immediately in our system and acknowledged by email within 1 business day.
• Your subscription remains active until the end of the current billing period (the date shown as "Renews on" in your Billing page). You retain full access to the Portal, widget, scanner, and API during this time.
• At the period end, unless you have chosen another plan, your account has no active plan: the widget pauses on your sites until you choose a plan, and your account data is kept. There is no free website plan; the browser extension is our only free product.
• For yearly subscriptions cancelled outside the 14-day refund window, access continues until the original 12-month term completes — yearly plans are non-prorated.
• If you also request account deletion, your data is purged within 90 days of the period end per our Privacy Policy.

Refunds:

• 14-day money-back guarantee on the first payment for any paid plan — full refund, no questions asked, processed within 5–10 business days.
• No partial refunds for unused time after the 14-day period (including yearly plans).
• Billing errors (duplicate charges, incorrect amounts) are always refunded.
• A refunded subscription ends, and the widget pauses until you choose a plan.

To request a refund: billing@incluxa.com.

8. Plan Limits

Each plan includes limits on website pages, API calls, and team seats — see our Pricing page for current limits. The widget is never paused for going over a page limit. If you stay over your page limit for 30 days, the Portal requires an upgrade (see Section 6.6).

9. Intellectual Property

INCLUXA owns the platform, widget SDK, scanner engine, API, and all associated intellectual property.

You own your website content, scan data, compliance reports, and any other materials you provide. You grant INCLUXA a limited license to process your content solely to provide the services.

10. Data and Privacy

Your use of our services is governed by our Privacy Policy, incorporated into these Terms by reference.

For customers with EEA users requiring a Data Processing Agreement (DPA) under GDPR Article 28, contact privacy@incluxa.com.

11. Accessibility Compliance Disclaimer

11.1 Tools, not certificates. INCLUXA's products — including the accessibility widget, WCAG scanner, AI remediation, and compliance reports — are tools that assist with web accessibility improvement. They are not legal compliance audits, accessibility certifications, or legal opinions. No output from INCLUXA constitutes a legally binding compliance determination.

11.2 Automated scanner limitations. The INCLUXA WCAG scanner uses automated testing engines (including axe-core and HTML_CodeSniffer) to detect common accessibility issues. Automated scanning is estimated to detect approximately 30–40% of WCAG 2.1 and 2.2 success criteria violations. The remaining 60–70% of issues require manual review, expert judgment, and testing with real assistive technologies (screen readers, switch access, voice control, braille displays). Scan results reflect what was detectable at the time of the scan on the pages tested — they do not represent a complete accessibility audit of your website.

11.3 No compliance guarantee. Fixing every issue identified by the INCLUXA scanner does not guarantee that your website is WCAG 2.1 AA, WCAG 2.2 AA, ADA Title III, Section 508, or EAA compliant. Genuine compliance requires: manual expert review, testing with users who have disabilities, accessible design and development practices, and legal counsel. Our tools augment but do not replace this work.

11.4 No legal immunity. INCLUXA makes no representation that use of our services will render your website immune from accessibility-related legal claims, demand letters, or litigation. Accessibility overlays, widgets, and automated scanners have not been recognized by courts as substitutes for accessible underlying code. We do not offer "lawsuit protection," "compliance guarantees," or any similar assurance.

11.5 Widget scope. The INCLUXA accessibility widget provides user-facing accommodations (reading aids, display adjustments, motor assists, and similar). It helps users interact with your site but does not modify your website's underlying HTML, CSS, or ARIA — it does not fix code-level accessibility defects. It is a supplement to, not a replacement for, accessible design and development.

11.6 Report use. Compliance reports, VPAT snapshots, and scan summaries generated by INCLUXA reflect automated findings at a point in time. They may be used as supporting documentation but should not be presented as a complete Voluntary Product Accessibility Template (VPAT) or formal accessibility audit without supplementary manual review.

This disclaimer is intentional — we believe honest, accurate tools produce better real-world accessibility outcomes than tools that make false guarantees. If you need a full legal accessibility audit, engage a qualified accessibility consultant.

12. Service Availability

Solo, Starter and Pro plans: best-effort availability — no contractual SLA and no service credits. K-12 and Enterprise: availability terms as set out in your signed agreement; Enterprise customers can negotiate a custom SLA. Widget delivery via Bunny CDN has independent redundancy from the portal.

13. Termination

By you: Cancel anytime. Your data is deleted within 90 days of account closure per our Privacy Policy.

By us: We may suspend or terminate your account for material breach (with 7 days to cure), illegal activity, or non-payment after our retry period. Upon termination, your widget and API access is immediately revoked.

14. Limitation of Liability

Warranty disclaimer: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. INCLUXA DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT SCAN RESULTS WILL BE COMPLETE OR ACCURATE, OR THAT USE OF OUR SERVICES WILL RESULT IN LEGAL COMPLIANCE WITH ANY ACCESSIBILITY STANDARD OR REGULATION.

Specific scanner and audit disclaimer: INCLUXA EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM: (A) RELIANCE ON SCAN RESULTS AS A COMPLETE OR DEFINITIVE ASSESSMENT OF ACCESSIBILITY; (B) THIRD-PARTY ACCESSIBILITY CLAIMS, DEMAND LETTERS, OR LITIGATION BROUGHT AGAINST YOU AFTER USING OUR SERVICES; (C) ANY REPRESENTATION TO THIRD PARTIES THAT YOUR WEBSITE IS ACCESSIBLE OR COMPLIANT BASED SOLELY ON INCLUXA OUTPUTS.

Liability cap: INCLUXA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO INCLUXA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

Consequential damages exclusion: IN NO EVENT WILL INCLUXA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, LOST DATA, COST OF SUBSTITUTE SERVICES, ACCESSIBILITY LITIGATION COSTS, SETTLEMENT AMOUNTS, FINES, OR REGULATORY PENALTIES, EVEN IF INCLUXA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain warranty exclusions or liability limitations — the above applies to the fullest extent permitted by applicable law.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States. Before initiating any formal dispute, contact legal@incluxa.com — we will try to resolve the issue informally within 30 days.

Unresolved disputes shall be resolved by binding arbitration under AAA Commercial Arbitration Rules, conducted in English. Class action waiver applies — disputes are individual only.

16. Changes to These Terms

We will provide at least 30 days' notice of material changes via email and a website notice. Continued use after the effective date constitutes acceptance.

17. Contact

Angstroma, Inc. · 131 Continental Drive, Suite 305, Newark, DE 19713, United States · Delaware registered agent address for legal service of process

18. Schools Tier, Student Data & Educational Compliance

18.1 District Agreement Requirement. IEP automation, the teacher dashboard and LMS connections are available on the Schools or Enterprise plan only after the school or district signs the district agreement (SDPC National Data Privacy Agreement v2.0 plus the applicable state exhibit) in the Portal under Settings → Schools. Until it is signed, schools may not upload IEP documents or process student personal data through INCLUXA. The widget itself does not require the agreement.

18.2 School as Data Controller. For all student data processed through the Schools tier, the school is the data controller and INCLUXA is a data processor acting solely on the school's documented instructions. The school determines what student data is uploaded, for what purpose, and retains full responsibility for compliance with applicable student privacy laws.

18.3 School's Warranties and Representations. By activating the Schools tier and uploading student data, the school warrants and represents that:

• It has the legal authority to serve as data controller for the student data it provides to INCLUXA
• It has complied with COPPA (16 C.F.R. Part 312), including providing or obtaining any required parental or guardian consents. Schools may consent on parents' behalf for educational use, consistent with long-standing FTC COPPA guidance. The amended COPPA Rule's compliance date was April 22, 2026.
• It has complied with FERPA (20 U.S.C. § 1232g; 34 C.F.R. Part 99) and is permitted to share education records with INCLUXA as a "school official" with a "legitimate educational interest" as defined under 34 C.F.R. § 99.31(a)(1)
• It will use opaque, school-assigned identifiers (not student names, Social Security Numbers, or other government-issued identifiers) as ExternalStudentId values
• It will only upload IEP documents and student data for students currently enrolled at the institution
• It has informed parents and eligible students of the school's use of INCLUXA for accessibility purposes, as required by applicable law

18.4 AI Processing Consent. Schools acknowledge and explicitly consent that:

• IEP documents uploaded to INCLUXA are processed using Claude AI (Anthropic, PBC, United States) to identify and extract accessibility accommodation types
• Before any content is transmitted to Anthropic, all IEP document text is automatically processed through a PII redaction engine that removes student names, dates of birth, parent and guardian names, contact information, Social Security Numbers, and other direct identifiers
• Only the redacted text is transmitted to Anthropic. Redaction is automated and may not remove every identifier, so schools should upload only the IEP content needed for accommodation mapping
• INCLUXA stores an opaque student ID, the accommodation types, a short description and a supporting quote from the redacted IEP (encrypted at rest), plus the uploaded file name
• The uploaded IEP file itself is deleted after parsing
• Schools that do not consent to AI-assisted IEP processing may not use the IEP upload feature — accommodation profiles can be configured manually through the teacher dashboard

18.5 Prohibited Data. Schools may not upload student data beyond what is necessary for accessibility service delivery. Specifically prohibited unless required for accommodation mapping:

• Student names, home addresses, or Social Security Numbers in any structured field
• Student medical diagnoses unrelated to accessibility accommodations
• Student disciplinary, behavioral, or financial records
• Any data belonging to students not enrolled at the contracting institution

18.6 Student Data Deletion. Schools may request deletion of all data associated with a specific student at any time by emailing privacy@incluxa.com with the subject line "Student Data Deletion — [School Name]". INCLUXA will complete deletion of accessibility profiles, accommodation records, usage logs, and all associated data within 30 days and provide written confirmation of deletion.

18.7 INCLUXA's Student-Data Commitments. INCLUXA commits to:

• Use education records solely for the purpose of providing the contracted accessibility services and for no other commercial purpose
• Not disclose education records to any third party except as explicitly authorized by the school's DPA or as required by applicable law
• Implement and maintain appropriate technical and organizational security measures to protect education records, including encryption at rest and in transit, access controls, and audit logging
• Notify the school within 24 hours of discovering any unauthorized access to, or accidental or unlawful disclosure of, student education records
• Cooperate with the school in responding to parent and eligible student rights requests within timelines required by FERPA and COPPA
• Delete all education records associated with the school within 30 days of contract termination, and provide written certification of deletion

18.8 School Indemnification. To the maximum extent permitted by applicable law, the school shall indemnify, defend, and hold harmless INCLUXA and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the school's violation of COPPA, FERPA, or any other applicable student privacy law; (b) the school's breach of the warranties in Section 18.3; (c) the school's upload of prohibited data under Section 18.5; or (d) any claim by a parent, guardian, or eligible student arising from the school's failure to comply with its obligations as data controller.