Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using SpectraCheck, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

These Terms constitute a legally binding agreement between you and SpectraCheck. We reserve the right to modify these Terms at any time, and continued use of the Service constitutes acceptance of updated Terms.

2. Description of Service

SpectraCheck provides a web-based tool that allows users to:

• Upload images for color vision deficiency (CVD) simulation
• Simulate various types of color blindness (Protanopia, Deuteranopia, Tritanopia, Achromatopsia)
• Adjust CVD severity levels
• Apply Daltonization filters
• Access educational content on accessible design practices

The Service is provided for educational and professional purposes to help designers and developers create more accessible digital products.

3. User Responsibilities

3.1 Eligibility

You must be at least 13 years old to use SpectraCheck. If you are under 18, you must have permission from a parent or guardian. By using the Service, you represent that you meet these requirements.

3.2 Acceptable Use

You agree to use SpectraCheck only for lawful purposes. You must not:

• Upload images that are illegal, offensive, defamatory, or infringe on others' rights
• Upload images containing personal information of others without consent
• Attempt to reverse engineer, decompile, or extract the source code of our Service
• Use automated tools (bots, scrapers) to access the Service without permission
• Interfere with or disrupt the Service's functionality or servers
• Upload malware, viruses, or malicious code
• Misrepresent your identity or affiliation
• Use the Service to violate any applicable laws or regulations

3.3 Content Ownership

You retain all ownership rights to images you upload. However, you grant SpectraCheck a limited license to process those images solely for the purpose of providing the Service (CVD simulation).

Important: All image processing happens client-side in your browser. We do not store, transmit, or retain any images you upload.

4. Intellectual Property Rights

4.1 SpectraCheck IP

All content, features, and functionality of SpectraCheck, including but not limited to:

• Software code and algorithms
• Website design and user interface
• Blog articles and educational content
• Logos, trademarks, and branding
• CVD simulation shaders and transformations

are owned by SpectraCheck and protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use SpectraCheck for personal or commercial purposes related to accessibility testing and design.

You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

While we strive for accuracy, we make no guarantees that:

• CVD simulations are 100% medically or scientifically accurate representations
• The Service will be uninterrupted, error-free, or secure
• Results obtained from the tool will meet your specific needs
• Defects will be corrected immediately
• The Service is suitable for professional medical diagnosis

Professional Advice: SpectraCheck is an educational and design tool, not a substitute for professional accessibility audits or medical diagnosis of color vision deficiencies. For compliance-critical projects, consult certified accessibility professionals.

To the maximum extent permitted by law, SpectraCheck and its owners, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or loss of goodwill
• Damages resulting from use or inability to use the Service
• Reliance on content or information obtained through the Service
• Unauthorized access to or alteration of your data or content

Our total liability for any claims arising from your use of SpectraCheck shall not exceed $100 USD or the amount you paid to use the Service (currently $0), whichever is greater.

7. Indemnification

You agree to indemnify, defend, and hold harmless SpectraCheck, its owners, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you upload to the Service
• Your breach of any applicable laws or regulations

8. Service Availability and Modifications

8.1 Availability

We strive to maintain 99%+ uptime, but we do not guarantee uninterrupted access to SpectraCheck. The Service may be unavailable due to:

• Scheduled maintenance (we'll provide advance notice when possible)
• Emergency repairs or security updates
• Force majeure events beyond our control
• Third-party service disruptions (hosting, CDN, etc.)

8.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

9. Third-Party Links and Services

SpectraCheck may contain links to third-party websites or services (e.g., WCAG documentation, color contrast checkers). We are not responsible for:

• Content, privacy practices, or terms of third-party sites
• Any harm or damages resulting from third-party interactions
• Accuracy or reliability of third-party information

Links to third-party sites do not imply endorsement. Use third-party services at your own risk.

10. User Accounts (Future Feature)

SpectraCheck currently does not require user accounts. If we introduce user accounts in the future:

• You will be responsible for maintaining account security and confidentiality
• You will be liable for all activities under your account
• You must notify us immediately of unauthorized access
• We reserve the right to terminate accounts that violate these Terms

11. Termination

We reserve the right to terminate or suspend your access to SpectraCheck immediately, without notice, for:

• Violation of these Terms
• Abusive or harmful behavior
• Suspected fraudulent, illegal, or malicious activity
• Any reason we deem necessary to protect the Service or other users

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that should survive termination (e.g., disclaimers, limitations of liability) will remain in effect.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of SpectraCheck will be resolved through:

1. Informal Resolution: Contact us first to resolve disputes informally
2. Mediation: If informal resolution fails, disputes will be mediated before proceeding to arbitration or litigation
3. Binding Arbitration: Unresolved disputes will be settled by binding arbitration in accordance with the American Arbitration Association rules

You waive your right to participate in class action lawsuits or class-wide arbitration.

13. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SpectraCheck regarding the Service and supersede all prior agreements and understandings.

15. Contact Information

If you have questions or concerns about these Terms, please contact us: