Legal
Terms of Service
The agreement between you and Merlinvicki Creative Services Pvt. Ltd. for your use of Vicaratva.
Last updated · Vicaratva, operated by Merlinvicki Creative Services Pvt. Ltd.
1. About these terms
These Terms of Service (the “Terms”) form a binding agreement between you and Merlinvicki Creative Services Pvt. Ltd., a company incorporated in India (“Vicaratva”, “we”, “us” or “our”). In these Terms, the “Services” means the Vicaratva website and the automated audit tools made available through it, and “you” means the individual or entity using the Services.
By accessing or using the Services you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Services. If you use the Services on behalf of an organisation, you confirm that you are authorised to bind that organisation, and “you” refers to that organisation.
You must be at least 18 years old and able to enter into a contract under the Indian Contract Act, 1872 to use the Services. The Services are not directed to children.
2. The Services
Vicaratva runs automated accessibility, user-experience, conversion and privacy audits against a URL you supply and returns a report. Some audits use third-party application programming interfaces, including a large language model, to generate parts of that report. The Services are provided as a self-service tool; we do not review the URLs you submit or the reports we generate before delivering them to you.
3. Nature of the reports
Automated testing detects only a subset of real-world issues. Independent research consistently finds that automated accessibility tooling identifies roughly a third of Web Content Accessibility Guidelines failures; the remainder require human evaluation. The user-experience, conversion and privacy narratives are generated by a language model and may contain errors, omissions or inaccurate statements.
Reports are provided for general informational purposes only. They are not legal, technical, compliance or professional advice, are not an audit or assessment in any regulatory sense, and are not a certification that any website complies with the Web Content Accessibility Guidelines, the Rights of Persons with Disabilities Act, 2016, the European Accessibility Act, the Americans with Disabilities Act, the General Data Protection Regulation, the Digital Personal Data Protection Act, 2023 or any other standard or law. You must not represent a report to any third party as such a certification, and you rely on any report at your own risk.
4. Your authorisation to scan
Each time you submit a URL you represent and warrant that you own the target website or are otherwise lawfully authorised to have it tested, and that your use of the Services in relation to that website complies with all applicable laws, including the Indian Information Technology Act, 2000 and equivalent laws in other jurisdictions.
You are solely responsible for every URL you submit and for the consequences of scanning it. We are not responsible for, and you release us from any claim arising out of, a scan you were not authorised to run.
5. Acceptable use
You must not, and must not permit anyone else to:
- scan a website you do not own or are not authorised to test, or use the Services to probe, map or test the security of any third party’s systems;
- submit a URL intended to cause the Services to attack, overload, disrupt or gain unauthorised access to any system;
- circumvent or attempt to circumvent rate limits, quotas, authentication, the SSRF protections or any other technical control;
- access the Services other than through the interfaces we provide, or scrape, crawl or automate the Services outside the limits of your plan;
- resell, sublicense, or white-label the Services or reports as your own automated service without a separate written agreement with us;
- upload or transmit malware, or use the Services in a way that infringes any person’s intellectual property, privacy or other rights, or that breaches any law.
We may investigate suspected breaches, and may block any URL, domain, account or IP address at our discretion.
6. Accounts and security
You are responsible for all activity under your account and for keeping your credentials confidential. You must give accurate account information and keep it current. Notify us without delay at hello@vicaratva.com if you believe your account has been accessed without authorisation. We are not liable for any loss arising from unauthorised use of your account that results from your failure to keep your credentials secure.
7. Plans, fees and taxes
Paid plans are billed in advance through our payment processor, Razorpay, on the billing cycle shown at checkout. Each plan carries a periodic scan quota; scans beyond the quota may be refused until the next period or until you upgrade. You authorise us and Razorpay to charge your chosen payment method for all fees due.
Fees are stated exclusive of taxes unless said otherwise. You are responsible for all applicable taxes, levies and duties, including Goods and Services Tax, other than taxes on our income. We may change our prices or plan features on notice; changes take effect at the start of your next billing cycle.
Except where a refund is required by applicable law, all fees are non-refundable and there are no refunds or credits for partial periods, unused quota, or features not used. You may cancel a plan at any time from the billing dashboard; cancellation takes effect at the end of the current paid period and you retain access until then.
8. Third-party services
The Services rely on third parties, including Anthropic, Razorpay, Cloudflare and Google, and every scan sends a request to the website you name. Those third parties operate under their own terms and privacy policies. We are not responsible for third-party services or websites, their availability, or their acts or omissions. The processors that receive personal data are listed on the Data Processing page.
9. Availability and changes to the Services
We aim to keep the Services available but do not commit to any uptime level. We may modify, suspend or discontinue any part of the Services, temporarily or permanently, with or without notice. Scans depend on third-party sites and APIs that we do not control and that may change or fail at any time.
10. Intellectual property
We and our licensors own all rights in the Services, including the software, interfaces, and the format and presentation of reports. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services and the reports we deliver to you for your own business or personal purposes, subject to these Terms.
You keep all rights in the URLs and content you submit. You grant us a worldwide, royalty-free licence to fetch, process, transmit to our processors, store and display that content only as needed to provide the Services and produce your reports. Our handling of personal data is described in the Privacy Policy.
11. Disclaimer of warranties
To the fullest extent permitted by law, the Services and all reports are provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that any report is complete or correct, that any issue it identifies is genuine, or that it identifies every issue present. Nothing you obtain from the Services creates any warranty not expressly stated in these Terms.
12. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, or for the cost of substitute services, however caused and on any theory of liability, whether or not we have been advised of the possibility of such loss.
Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the total fees you paid to us for the Services in the twelve months before the event giving rise to the claim, and (b) INR 10,000.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by our negligence.
13. Indemnification
You will indemnify, defend and hold harmless Merlinvicki Creative Services Pvt. Ltd. and its officers, employees and agents from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) a URL you submitted or a scan you ran without authorisation; (b) your content; (c) your breach of these Terms or of any law; or (d) your infringement of any third party’s rights.
14. Suspension and termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access, in whole or in part, with or without notice, if you breach these Terms, if we are required to by law, or if we reasonably believe your use poses a risk to us, to other users or to a third party.
On termination your right to use the Services ends immediately. Sections that by their nature should survive termination will survive, including sections 3, 4, 10 to 13, 15 and 17. Termination does not entitle you to a refund except where required by law. Data handling after termination is described in the Privacy Policy.
15. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or your use of the Services (including non-contractual disputes), are governed by and construed in accordance with the laws of India.
The courts at Kolkata, West Bengal, India have exclusive jurisdiction to settle any such dispute, and you and Merlinvicki Creative Services Pvt. Ltd. irrevocably submit to that jurisdiction. Any legal proceedings may be brought only in those courts. This section does not deprive a consumer of the protection of mandatory provisions of the law of the country in which they are resident.
16. Changes to these terms
We may update these Terms from time to time. The date at the top of this page shows the current version. If a change is material we will give reasonable notice, for example by email to the address on your account or by a notice on the Services, before it takes effect. Your continued use of the Services after a change takes effect means you accept the updated Terms.
17. General
These Terms and the Privacy Policy are the entire agreement between you and us about the Services and replace any prior agreement on that subject. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is replaced by an enforceable one that most nearly matches its intent. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Neither party is liable for any failure or delay caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, agency or employment relationship between the parties.
Notices to you may be given by email to the address on your account or by posting on the Services. Notices to us must be sent to hello@vicaratva.com.
Questions about this document? Email hello@vicaratva.com.