Terms of Service

1. Introduction

1.1. CivicBinder ("CivicBinder," "we," "us") is a United States–based service that helps health care providers prepare their public websites and documents for the web-accessibility requirements of Section 1557 of the Affordable Care Act and its implementing regulations (45 C.F.R. Part 92).

1.2. CivicBinder provides a fixed-fee readiness deliverable — an accessibility evaluation, a document inventory, model notices, and a dated remediation plan (the "Readiness Binder"), plus an optional recurring re-scan. It is a professional work product, not software you log into.

1.3. These Terms apply to the health care organizations, practices, and their authorized representatives who purchase our Services ("you" or the "Customer"). They do not apply to consumers acting in a personal capacity.

1.4. CivicBinder is not a law firm and does not provide legal advice. The Readiness Binder and related materials are informational, do not create an attorney–client relationship, and do not guarantee any particular regulatory outcome.

2. Definitions

2.1. "Services" means the accessibility scan, the Readiness Binder, any optional re-scan subscription, and related deliverables we provide to you.

2.2. "Readiness Binder" means the fixed-fee report and accompanying materials we prepare for a given website and set of public documents.

2.3. "Scan" means our automated evaluation of publicly accessible web pages and publicly posted documents.

2.4. "Public Surfaces" means web pages, files, and content reachable without logging in, entering credentials, or bypassing any access control.

2.5. "Re-Scan Subscription" means the optional recurring service that periodically re-evaluates your Public Surfaces and updates your record.

3. Scope of Application

3.1. These Terms govern all Services purchased from CivicBinder, whether through our website, a payment link, or an invoice.

3.2. Any conflicting or additional terms you propose do not apply unless we agree to them in writing.

3.3. Where we and you sign a separate written agreement for the Services, that agreement controls to the extent it conflicts with these Terms.

4. Subject of the Contract

4.1. CivicBinder prepares a Readiness Binder based on a Scan of the Public Surfaces you identify, and delivers it to you electronically.

4.2. The Services assess conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA — the standard referenced by the Section 1557 rule — and produce a documented record and remediation plan.

4.3. CivicBinder does not modify, host, or remediate your website. Implementation of the remediation plan is performed by you or your web vendor.

4.4. Automated scanning cannot detect every accessibility barrier. The Readiness Binder combines automated results with limited manual review; it is a good-faith readiness record, not a certification or a legal guarantee of compliance.

5. Services of CivicBinder

5.1. Delivery — We deliver the Readiness Binder within a reasonable time after purchase and after we receive the information we need, such as your website address and the correct entity name.

5.2. Scope of Scan — We evaluate Public Surfaces only. We do not access patient portals, logged-in areas, or any content behind authentication, and we do not attempt to access protected health information.

5.3. Optional Re-Scan — If you purchase the Re-Scan Subscription, we periodically re-evaluate your Public Surfaces and provide an updated record. You may cancel at any time (see Section 7).

5.4. Corrections — If a deliverable contains a factual error, such as a misspelled entity name or a wrong contact, tell us and we will provide a corrected copy at no charge.

6. Customer Obligations

6.1. You are responsible for providing accurate information, including the correct website address, entity name, and contact details.

6.2. You confirm that you are authorized to request a Scan of the website and documents you identify, and that doing so does not violate any third party’s rights or any agreement.

6.3. You are responsible for implementing, or having your web vendor implement, any remediation. Our deliverables are inputs to that work, not a substitute for it.

6.4. You will not resell or relicense the Readiness Binder, or present it as the work product of a government agency or as evidence of any CivicBinder affiliation with one.

7. Subscription & Payment

7.1. The Readiness Binder is offered for a fixed fee stated at the time of purchase. Fees are payable by card or by invoice and are exclusive of any applicable taxes.

7.2. The optional Re-Scan Subscription is billed on a recurring basis at the price stated at sign-up until cancelled. You may cancel at any time, effective at the end of the then-current billing period.

7.3. Because the Readiness Binder is a custom deliverable prepared specifically for you, fixed-fee purchases are generally non-refundable once delivered, except where required by law or where we fail to deliver. If you are not satisfied, contact us and we will work in good faith to make it right.

7.4. We use third-party payment processors (such as Stripe) to handle payments; we do not store your full card details.

8. Intellectual Property

8.1. On full payment, you receive a perpetual, non-exclusive license to use the Readiness Binder and its contents for your own compliance and remediation purposes, including sharing it with your web vendor and with regulators.

8.2. CivicBinder retains ownership of its underlying methods, templates, scanning tools, and software.

8.3. The model Notice of Nondiscrimination, Accessibility Policy, and Accessibility Statement are provided for you to adopt and publish as your own.

9. Confidentiality

9.1. We treat non-public information you share with us, such as internal contacts, as confidential and use it only to provide the Services.

9.2. Our Scan covers Public Surfaces only; we do not seek, collect, or store patient data or protected health information. See our Privacy Policy.

9.3. We will reference the fact that we performed a Scan for you only with your permission.

10. Limitation of Liability

10.1. The Services are provided on a professional-effort basis. To the fullest extent permitted by law, CivicBinder’s total liability arising out of or relating to the Services is limited to the amount you paid for the specific deliverable giving rise to the claim.

10.2. CivicBinder is not liable for indirect, incidental, or consequential damages, including lost revenue, penalties, or the outcome of any regulatory investigation or private lawsuit.

10.3. CivicBinder does not warrant that following the Readiness Binder will result in compliance with Section 1557 or any other law; compliance depends on remediation performed by you and your vendor and on manual review beyond automated scanning.

11. Termination

11.1. Either party may decline or discontinue the optional Re-Scan Subscription at any time, effective at the end of the current billing period.

11.2. We may suspend or decline Services if payment fails, if information is materially inaccurate, or if a request would require us to access non-public or protected data.

11.3. Provisions that by their nature should survive termination — including intellectual property, confidentiality, limitation of liability, and governing law — survive.

12. Governing Law

12.1. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

12.2. The exclusive venue for any dispute is the state and federal courts located in New York, New York, and the parties consent to their jurisdiction.

12.3. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

13. Changes to These Terms

13.1. We may update these Terms from time to time. The version in effect when you purchase applies to that purchase.

13.2. Material changes take effect for new purchases when posted with an updated effective date. Continued use of an active Re-Scan Subscription after the effective date constitutes acceptance of the updated Terms.