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Digital Accessibility Protection Terms and Conditions

Effective Date: June 5, 2026

These Digital Accessibility Protection Terms and Conditions ("Terms") govern the purchase and use of Digital Accessibility Protection offered by DAPEN.org L.L.C. ("DAPEN," "we," "our," or "us"). By purchasing, renewing, or maintaining Digital Accessibility Protection, you agree to these Terms.

1. Digital Accessibility Protection

Digital Accessibility Protection is a subscription service for a single root domain ("Covered Domain"), subject to these Terms.

The subscription may include website accessibility tools, resources, attorney and developer support for covered incidents, and other benefits determined by DAPEN from time to time.

Coverage applies only to the Covered Domain identified during enrollment. Protection may not be transferred to another domain.

2. Subscription Term and Renewal

Digital Accessibility Protection may be offered on a monthly or annual basis.

Subscriptions automatically renew unless canceled.

You may cancel at any time. Cancellation becomes effective at the end of the current billing period. No refunds will be provided for unused portions of a subscription term.

Continued renewal or use of Digital Accessibility Protection constitutes acceptance of any updated version of these Terms.

3. Waiting Period

Digital Accessibility Protection is subject to a thirty (30) day waiting period beginning on the subscription purchase date.

A claim is only eligible if:

  1. The subscription has been active for at least thirty (30) days; and
  2. The accessibility complaint or demand letter was first received after the expiration of the waiting period.

Complaints or demand letters received before enrollment or during the waiting period are not eligible for coverage.

If a subscription is canceled and later reinstated or repurchased, a new waiting period applies.

4. Covered Incidents

A Covered Incident is a formal website accessibility complaint or demand letter received regarding the Covered Domain and approved by DAPEN.

Each complaint or demand letter constitutes a separate incident.

Coverage is limited to two (2) Covered Incidents during each subscription year.

Coverage applies only while Digital Accessibility Protection is active and in good standing.

5. Excluded Matters

The following are not Covered Incidents:

  • Lawsuits.
  • Government investigations.
  • Regulatory proceedings.
  • Complaints received before enrollment.
  • Complaints received during the waiting period.
  • Matters involving a domain other than the Covered Domain.
  • Fraudulent, misleading, or improperly submitted claims.
  • Any matter determined by DAPEN to be outside the scope of coverage.

6. Digital Accessibility Protection Services

For approved Covered Incidents, DAPEN may provide:

Technical Remediation

DAPEN may perform or arrange technical remediation intended to address accessibility issues specifically cited in the complaint or demand letter.

Technical remediation is limited to a maximum of thirty (30) hours per Covered Incident.

DAPEN retains sole discretion regarding:

  • The scope of remediation.
  • The remediation methods used.
  • Whether services are performed by DAPEN, contractors, vendors, or third parties.
  • Whether requested work falls within coverage.

Attorney Support

DAPEN may provide access to support from independent outside legal counsel partners selected by DAPEN.

Attorney support is limited to five (5) hours per Covered Incident.

Unused attorney hours expire and do not carry forward.

Additional attorney support may be available at pricing determined by DAPEN and the applicable legal counsel at the time services are requested.

DAPEN retains sole discretion regarding attorney selection.

7. Claims Process

To submit a claim, you must:

  • Submit DAPEN's claim form.
  • Provide a complete copy of the complaint or demand letter.
  • Notify DAPEN within seventy-two (72) hours of receipt.

Failure to provide timely notice may result in denial of coverage at DAPEN's discretion.

DAPEN reserves the right to investigate and evaluate all claims before approving coverage.

8. Your Responsibilities

You must:

  • Provide accurate information.
  • Cooperate with DAPEN.
  • Provide website access when requested.
  • Provide information reasonably necessary to evaluate and respond to a claim.

DAPEN may deny or terminate coverage for a claim if you fail to cooperate, refuse access, provide false information, or otherwise interfere with DAPEN's ability to provide services.

9. Ownership Changes

Coverage is attached to the Covered Domain and not to any specific owner, operator, or business entity.

Protection remains associated with the Covered Domain while active and in good standing.

10. Payment and Good Standing

Subscription fees must be paid when due.

If payment fails or is not received, benefits continue only through the end of the current paid billing period.

Coverage is unavailable while a subscription is inactive, expired, suspended, or not in good standing.

11. No Refunds

All subscription fees are non-refundable.

No refunds will be provided after purchase.

No refunds will be provided after a claim is submitted.

12. Not Insurance

Digital Accessibility Protection is not insurance.

It is not a warranty, legal services plan, indemnity agreement, guarantee of coverage, or guarantee against claims, lawsuits, settlements, liability, damages, or legal expenses.

Benefits are limited solely to the services expressly described in these Terms.

13. Not a Law Firm

DAPEN is not a law firm and does not provide legal advice.

Any legal services are provided solely by independent outside legal counsel.

No attorney-client relationship is created between you and DAPEN.

14. No Guarantees

DAPEN does not guarantee:

  • Any legal outcome.
  • Any settlement result.
  • Avoidance of litigation.
  • Dismissal of claims.
  • Regulatory compliance.
  • Any particular level of website accessibility.

Services are provided on a reasonable-efforts basis.

15. Limitation of Liability

To the maximum extent permitted by law, DAPEN's total liability arising from or relating to Digital Accessibility Protection shall not exceed the amount of subscription fees paid during the twelve (12) months preceding the event giving rise to the claim.

DAPEN shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

16. Modifications

DAPEN may modify benefits, pricing, services, features, limitations, or these Terms at any time.

Updated Terms become effective upon publication or notice provided by DAPEN.

17. Dispute Resolution

Any dispute arising out of or relating to Digital Accessibility Protection, these Terms, or services provided by DAPEN shall be resolved through binding arbitration.

You waive the right to participate in any class action, class arbitration, or representative proceeding.

18. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

Contact Us

If you have any questions about these Terms, please contact us.