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Testlio VPAT Terms

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These Testlio VPAT Terms (these “Terms”) supplement the Testlio Managed Services Agreement, or another agreement entered between Customer and Testlio (the “Agreement”), and apply to the provision of Voluntary Product Accessibility Template (“VPAT”). These Terms control in the event of a conflict with the Agreement. Capitalized terms used and not defined in these Terms have the meanings given to them in the Agreement.

1. Accessibility Testing Services 

Testlio will perform Extended Accessibility Testing Services (“Services”) which consist of an Accessibility Conformance Testing (“ACT”) to be performed on Customer’s application, platform, or website (the “Website/App”). As a result of the Services, Testlio will provide Customer with a VPAT in PDF format (“Deliverable”). Customer shall not modify or amend the Deliverable, and any unauthorized modification or amendment shall be null and void. Testlio disclaims any liability arising from Customer’s modification of the Deliverable. 

2. Customer Acknowledgments And Assumptions

Customer is responsible for the following obligations, and agrees that these constitute conditions to Testlio’s performance and essential assumptions relied upon by Testlio:

  1. Services and Deliverables reflect the level of conformance of Customer's Website/App as of the date of the Deliverable is issued. 
  2. Unless otherwise agreed, Customer shall not modify or update the Website/App during ACT. After ACT is presented, and so long as the key functionality is not changed, Customer may decide to perform updates and/or modifications, after which Testlio will check those components using Targeted Accessibility Checks to create a final Deliverable. Customer acknowledges that updates or modifications may affect Deliverable validity, and Testlio disclaims all liability for Website/App modifications made after Deliverable provision.
  3. Customer is solely responsible for determining whether and how to implement Testlio’s recommendations, feedback, or recurring checks. Customer is responsible for evaluating whether the Deliverables meet Customer’s operational, legal, business and regulatory requirements.  
  4. Customer acknowledges and agrees that Testlio is not licensed to provide legal and/or regulatory advice nor guarantee that the Services will enable Customer to meet applicable legal, regulatory or industry standards or other requirements. Testlio Services and Deliverables are provided for informational purposes only. Without limiting the foregoing, Testlio is not providing an interpretation of any laws or regulations that may be applicable to Customer or that are otherwise related to the work hereunder. Customer acknowledges and agrees that Testlio exercises no control over, and accepts no responsibility for Customer’s compliance with any law or regulation applicable to Customer or Customer end users, consumers or clients.  

3.   Disclaimer Of Warranties 

Notwithstanding anything to the contrary in the governing agreement between the parties, the Services and Deliverables are provided “AS IS”. Testlio disclaims all warranties, express, implied, or statutory, and does not represent or warrant that the Services or Deliverables will meet Customer’s requirements or enable Customer to comply with any accessibility standards or legal obligations.

4.    Limitation Of Liability

Testlio’s total liability to you for any and all liabilities, claims, and damages arising out of or relating to the Services or Deliverables under these VPAT Terms, regardless of the legal theory asserted, including breach of contract or warranty, tort, strict liability, statutory liability, or otherwise, shall not, in the aggregate, exceed the amount actually paid to Testlio for the specific service under these VPAT Terms during the 12-month period immediately preceding the event giving rise to the claim.
In no event shall either party be liable to the other for any special, indirect, incidental, or consequential damages (including, but not limited to, lost profits, lost business opportunities, loss of use or equipment downtime, and loss of or corruption of data, unavailability of any or all of the managed services; or cost of replacement or restoration of any lost customer intellectual property) arising out of or relating to the governing agreement, regardless of the legal theory under which such damages are sought, and even if the parties have been advised of the possibility of such damages or loss. Testlio disclaims any and all liability arising out of any third party’s review or use of Deliverables, or the use of the Deliverables in any legal, regulatory, or administrative proceedings. 
Any claim by you against Testlio relating to these VPAT Terms must be made in writing and presented to Testlio within one year after the date on which you received the Services or Deliverables at issue. The parties acknowledge that the limitations on liability set out in this section are essential terms of the governing agreement, and the parties would have not entered these VPAT Terms without them.

5.   Indemnity

Notwithstanding anything to the contrary in the governing agreement between the parties, Testlio shall have no obligation to indemnify, defend, or hold harmless Customer or any third party against any claims, liabilities, damages, or expenses arising out of or related to the VPAT Services or Deliverables provided hereunder.