Terms of Service

These Terms of Service ("Terms") govern your access to and use of Kensa, operated by Tascera, LLC and its successors and assigns ("the Company", "Kensa", "we", "us", or "our"). By creating an account you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Kensa is an automated web accessibility scanning tool. It uses automated testing engines (including axe-core) to detect a subset of potential accessibility issues on web pages you submit for scanning. The Service produces reports, scores, and AI-generated fix recommendations based on those automated results.

2. Automated Scanning — Limitations and No Compliance Guarantee

This section is fundamental to these Terms. Please read it carefully.

2.1 Automated scanning is not a substitute for manual testing

Automated accessibility scanning tools, including Kensa, can only detect a portion of accessibility issues. A wide range of accessibility barriers — including those relating to screen reader compatibility, keyboard navigation, cognitive load, plain language, and context-dependent interactions — cannot be detected by automated means and require human expert review, user testing with people with disabilities, and manual audit procedures.

You must not rely on Kensa results as your sole method of accessibility testing. Kensa is intended to be used as one component of a broader accessibility program that also includes manual testing, expert review, and ongoing user feedback.

2.2 No warranty of legal compliance

Kensa makes no representation, warranty, or guarantee that:

• your website is, or will become, compliant with the Web Content Accessibility Guidelines (WCAG) at any level;
• your website meets the requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, the European Accessibility Act (EAA), the UK Equality Act, or any other applicable law or regulation;
• the absence of flagged issues in a Kensa scan means your website is free of accessibility barriers or legally compliant.

2.3 Your responsibility for compliance

You are solely responsible for:

• ensuring your website meets the accessibility requirements of all applicable laws and regulations in the jurisdictions where you operate or serve users;
• conducting appropriate manual testing and expert review in addition to automated scanning;
• acting on scan results and implementing remediation;
• retaining qualified accessibility professionals where needed.

3. No Liability for Accessibility Claims

To the maximum extent permitted by applicable law:

Kensa, its officers, directors, employees, contractors, and agents shall not be liable for any claim, lawsuit, regulatory action, fine, penalty, settlement, demand, or damages of any kind — whether direct, indirect, incidental, consequential, special, or punitive — arising from or related to:

• the accessibility of your website or digital products;
• your failure or alleged failure to comply with any accessibility law, regulation, or standard;
• reliance on Kensa scan results, scores, or recommendations as evidence of compliance;
• any third-party claim that your website or digital product is inaccessible or discriminatory.

This limitation applies whether or not Kensa was advised of the possibility of such damages and regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

4. Indemnification

You agree to indemnify, defend, and hold harmless Kensa and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• your use of the Service;
• your website's accessibility or lack thereof;
• any third-party accessibility claim against you;
• your violation of these Terms or any applicable law.

5. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranty of any kind, express or implied. Kensa expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• the Service will be uninterrupted, error-free, or secure;
• scan results will be accurate, complete, or current;
• any particular accessibility issue will or will not be detected.

6. Account Responsibilities

You must:

• provide accurate information when creating your account;
• keep your credentials secure and not share them with unauthorised parties;
• ensure all team members added to your account also agree to these Terms;
• use the Service only for lawful purposes and in accordance with these Terms.

You are responsible for all activity that occurs under your account.

7. Subscriptions and Billing

7.1 Plans and payment

Access to full Service features requires a paid subscription. Subscription fees, billing cycles, and plan limits are displayed at the time of purchase and may be updated with notice. All fees are charged in advance and are non-refundable except as required by law or as expressly stated in our refund policy.

7.2 Trial

New accounts may receive a limited free trial. Trial access is limited to one page per scan and is subject to fair use. We reserve the right to end or modify the trial at any time.

7.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide pro-rata refunds for unused time.

7.4 Price changes

We will provide at least 30 days' notice of price changes. Continued use after the effective date constitutes acceptance.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service you agree to the collection and use of data as described there.

When you scan a website, Kensa accesses, captures screenshots of, and analyses the pages at the URLs you provide. You represent that you have the right to scan those URLs and that doing so does not violate any third-party rights or terms.

9. Acceptable Use

You must not:

• scan websites you do not own or are not authorised to test;
• use the Service to conduct denial-of-service attacks or to overload target websites;
• attempt to circumvent rate limits, usage limits, or security controls;
• resell or sublicense access to the Service without our written consent;
• use the Service in any way that violates applicable laws.

10. Termination

We may suspend or terminate your account if you violate these Terms, fail to pay fees when due, or if we are required to do so by law. You may terminate your account at any time by deleting it in the account settings. Upon termination, your data will be deleted in accordance with our Privacy Policy.

11. Limitation of Liability

To the maximum extent permitted by law, Kensa's total cumulative liability to you for all claims arising out of or relating to these Terms or the Service — regardless of the form of action — shall not exceed the greater of (a) the amount you paid to Kensa in the 12 months preceding the claim, or (b) USD $100.

12. Assignability

The Company may assign, transfer, or delegate these Terms and any rights or obligations hereunder, in whole or in part, to any successor entity, affiliate, or acquirer of all or substantially all of the business or assets related to the Service, without your consent. In the event of such an assignment, we will notify you by email. The successor entity will assume all obligations under these Terms. Existing subscriptions will be transferred to the successor entity and will continue under the plan terms in effect at the time of transfer; however, pricing remains subject to change in accordance with Section 7.4. We will make reasonable efforts to preserve your account data, scan history, and reports through any such transition, though we make no guarantee of complete data continuity. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Any purported assignment in violation of this section is null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict of law principles. Any dispute arising out of these Terms or your use of the Service shall be resolved by binding arbitration in Salt Lake County, Utah, except that either party may seek injunctive relief in a court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date, notify you by email, and (for material changes) require you to re-accept before continuing to use the Service. Continued use after notice constitutes acceptance of the updated Terms. A transfer or assignment of the Service to a successor entity does not constitute a material change requiring re-acceptance, provided the successor entity honors these Terms in their entirety.

15. Contact

Tascera, LLC
7533 S CENTER VIEW CT STE N, West Jordan, UT 84084

Legal and terms inquiries: support@kensa.tech

General support: support@kensa.tech