Terms of Service

Status — DRAFT, not yet in force. Starting language for counsel review, with placeholders marked [[FILL: …]]. These bind A&C, LLC and must not be published until the entity is formed and ratifies them, and counsel finalizes. The ownership-attestation mechanics in §3 depend on the attested-tier launch gate. See 00-README-launch-gate.md. Last revised: 2026-06-24.

Effective date: [[FILL: effective date — set at publication]]

These Terms govern your use of Should It Launch, operated by A&C, LLC (“Should It Launch,” “we,” “us,” “our”). By creating an account or using the service, you agree to these Terms. If you use the service on behalf of an organization, you represent that you have authority to bind that organization.

1. The service

Should It Launch runs an automated production-readiness audit on a website and returns findings, scores, and a verdict (ship / ship-with-fixes / not-ready), plus a report. The results are informational and advisory. A “ship” verdict is our best-effort assessment at a moment in time. It is not a warranty that a site is secure, accessible, compliant, bug-free, or fit to launch. You remain solely responsible for your site, for your clients’ sites, and for the decision to launch.

2. Your account

You are responsible for keeping your login credentials secure and for all activity under your account. Tell us promptly at [[FILL: support contact email]] if you suspect unauthorized use.

3. Authorized use and the ownership attestation

A full audit loads the live target site in a headless browser. An attested audit additionally runs read-only active checks against the target (for example, checking whether a database or secret endpoint is publicly exposed).

You may run an audit only on a site you own or are authorized to audit. This is a core condition of using the service, not a formality:

• Render-only full audits require you to affirm, by checking the ownership box, that you own or are authorized to audit the site.
• Attested active-probe audits require more: before any active check runs, you must verify control of the target domain through the method we provide (a DNS record, a file placed on the domain, or a meta-tag), and you must agree to the Ownership Attestation, which includes representations of authorization and an indemnity in our favor. We record the attestation you agreed to, its version, and the time, for each attested audit.

You must not use the service to scan, probe, or test any site you do not own or have permission to test, to attempt to access data you are not authorized to access, or to violate any law, including the Computer Fraud and Abuse Act or any applicable state computer-crime statute. Our Acceptable Use Policy at [[FILL: domain]]/aup is part of these Terms, and violations may result in immediate suspension or termination.

4. Acceptable use

Your use is subject to our Acceptable Use Policy ([[FILL: domain]]/aup), which prohibits, among other things, unauthorized scanning, circumventing rate limits or security, reselling raw access except as your plan allows, and scraping the service to build a competing dataset.

5. Plans, credits, and payment

• A credit buys a full audit of a site. Re-checking a site you have already audited is included on a subscription and within an allowance on pay-as-you-go.
• An audit that cannot produce a verdict is not charged.
• Subscriptions renew automatically at the then-current price until you cancel. Before you purchase a subscription, we will clearly disclose the recurring nature of the charge, the billing interval, and the price, and we will obtain your affirmative consent to the recurring charge. You can cancel at any time through your account settings or by emailing [[FILL: support contact email]]; cancellation takes effect at the end of the current billing period, and you keep access until then. We will send any renewal or price-change notices required by law.
• Credits and prices are as shown at the time of purchase. We may change prices for future purchases or renewals, with notice.
• Refunds. Payments are non-refundable except where required by law. If something has gone wrong with your account or a charge, email [[FILL: support contact email]] and we will work with you in good faith.

6. Disclaimers

The service is provided “as is” and “as available,” without warranties of any kind to the extent permitted by law, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Automated checks can produce false positives and false negatives; a clean result does not guarantee a site is free of problems.

No reliance. The verdict and findings are one input into your own professional judgment, not a substitute for it. They are not professional security, legal, accessibility, or compliance advice. You should not rely on a Should It Launch result as the sole basis for deciding whether a site is safe, lawful, accessible, or ready to launch, and you remain responsible for independent review appropriate to your and your clients’ needs.

7. Limitation of liability

To the extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for any loss arising from a decision you make based on an audit. Our total aggregate liability arising out of or relating to the service or these Terms is limited to the amount you paid us in the two (2) months before the event giving rise to the claim.

Carve-out. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for our own gross negligence, willful misconduct, or fraud.

If you are an individual using the service for personal, non-commercial purposes, some of the limitations and waivers in these Terms may not apply to you to the extent your jurisdiction’s consumer-protection law prohibits them; in that case those provisions apply to the maximum extent permitted, and the remainder of this section continues to apply. The limitations in this section are a fundamental basis of the bargain and apply even if a limited remedy fails of its essential purpose.

8. Intellectual property

Your audit data and the reports generated for you are yours. The service, software, models, and the Should It Launch brand are ours, and nothing in these Terms transfers our intellectual property to you.

We grant you a limited, non-exclusive, non-transferable license to use the service and your reports for your business. White-label reports may carry your branding, on the condition that a small provenance line crediting Should It Launch remains on shared reports. That provenance line is a condition of the license to white-label: removing, obscuring, or altering it falls outside the license and may also infringe our copyright and trademark rights, in addition to breaching these Terms.

9. Indemnification

You will defend, indemnify, and hold harmless A&C, LLC and its members and personnel from and against any third-party claim, and any resulting losses, liabilities, and reasonable legal fees, arising out of (a) a site you submitted that you did not own or were not authorized to audit; (b) your violation of these Terms or the Acceptable Use Policy; or (c) your violation of law or the rights of a third party. This is in addition to any indemnity you agree to in the Ownership Attestation for an attested audit.

10. Termination

You can stop using the service and delete your account at any time. We may suspend or end access for a breach of these Terms or the Acceptable Use Policy, including any unauthorized scanning. Provisions that by their nature should survive termination — including IP, disclaimers, limitation of liability, indemnification, and governing law — survive.

11. Changes, governing law, and contact

We may update these Terms and will revise the effective date when we do; continued use after a change means you accept it. These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws rules, and the state and federal courts located in Maryland will have jurisdiction, except where applicable consumer law gives you the right to bring a claim elsewhere. [[FILL: confirm with counsel whether to add an arbitration/class-waiver clause — flagged in the read as consumer-sensitive.]]

A&C, LLC [[FILL: registered business address]] [[FILL: legal contact email]]