Terms of Service

1. Acceptance of Terms

Welcome to Conservatory ("Service," "Platform," "we," "us," or "our"), a comprehensive AI-powered website analysis platform operated by Symphony UI, LLC ("Company"). These Terms of Service ("Terms," "Agreement") govern your access to and use of Conservatory, including our website, API, software, and related services.

By accessing or using Conservatory, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance constitutes the organization's acceptance of these Terms.

2. Definitions

For purposes of these Terms:

• "Account" means the unique account created for you to access the Service.
• "Analysis" or "Audit" means a complete website assessment performed by Conservatory, including semantic HTML analysis, accessibility audits (WCAG), SEO evaluation, AEO scoring, and visual UX/UI assessment.
• "Content" means any text, code, images, data, or other materials uploaded, submitted, or generated through the Service.
• "Customer Data" means any data, information, or content that you submit, upload, or analyze through the Service.
• "Documentation" means Conservatory's official user guides, API documentation, and technical specifications.
• "Free Plan" means the no-cost tier providing 3 complete analyses per month.
• "Subscription" means the paid plan you select (Starter, Premium, or Enterprise).
• "Unison Metrics™" means our proprietary scoring algorithm evaluating websites across semantic structure, accessibility, SEO, AEO, and UX/UI design.
• "User," "you," or "your" means the individual or entity using the Service.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use Conservatory. By using the Service, you represent and warrant that:

• You are at least 18 years of age.
• You have the authority to bind yourself or your organization to these Terms.
• Your use of the Service complies with all applicable laws and regulations.
• All information you provide is accurate, current, and complete.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an Account by providing:

• Full name
• Valid email address
• Secure password
• Organization name (if applicable)

You may also register using third-party OAuth providers (Google, GitHub). By doing so, you authorize us to access and use certain information from that provider as permitted by their terms.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your Account credentials.
• All activities that occur under your Account.
• Notifying us immediately of any unauthorized access or security breach.

We are not liable for any loss or damage arising from your failure to maintain Account security.

4.3 Account Accuracy

You agree to provide accurate, current information and to update your Account information promptly. We reserve the right to suspend or terminate Accounts with false, inaccurate, or incomplete information.

5. Service Plans and Subscriptions

5.1 Free Plan

The Free Plan includes:

• 3 complete analyses per month
• Basic semantic HTML analysis (Lighthouse + axe-core)
• DOM-final analysis (post-JavaScript execution)
• JSON/Markdown export
• Unison Metrics™ scoring
• Community support

5.2 Paid Subscriptions

Starter Plan ($89/month):

• 100 complete analyses per month
• All Free Plan features
• GitHub Auto-PR integration
• Source map attribution to code
• CI/CD webhooks
• Priority email support
• 30-day money-back guarantee

Premium Plan ($249/month):

• 500 complete analyses per month
• All Starter Plan features
• SSR/hydration comparison analysis
• Advanced WCAG compliance reporting
• API access for integrations
• Team collaboration controls
• Advanced analytics dashboard
• 24/7 priority support

Enterprise Plan (Custom Pricing):

• Unlimited analyses
• All Premium features
• SSO/SAML authentication
• Custom rule engine
• Multi-tenant architecture
• White-label capabilities
• Dedicated success manager
• SLA guarantees (99.9% uptime)
• Custom integrations
• Volume discounts available

5.3 Founding Member Pricing

Users who sign up during our Beta period (ending December 2025) receive Founding Member Pricing, which locks in current rates permanently, even if prices increase post-launch. This pricing is non-transferable and applies only to active subscriptions without lapses exceeding 30 days.

5.4 Billing and Payment

• Billing Cycle: Subscriptions are billed monthly or annually (with 20% discount for annual plans).
• Payment Methods: We accept major credit cards, debit cards, and ACH transfers (Enterprise only).
• Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date.
• Price Changes: We reserve the right to modify pricing with 30 days' advance notice. Founding Member rates are excluded from increases.
• Taxes: Prices exclude applicable taxes, VAT, or sales tax, which you are responsible for paying.

5.5 Usage Limits

Each plan has monthly analysis limits. Overage charges apply if you exceed your limit:

• Free Plan: Cannot exceed 3 analyses (upgrade required).
• Paid Plans: Overages billed at $0.50 per additional analysis.
• Enterprise: Custom overage terms negotiated in your agreement.

5.6 Refunds and Cancellations

• Free Plan: No refunds (free service).
• Paid Plans: 30-day money-back guarantee for first-time subscribers. No refunds after 30 days.
• Cancellation: You may cancel anytime. Access continues until the end of your billing period. No pro-rata refunds for early cancellation.
• Downgrades: Take effect at the next billing cycle.

6. License Grant and Restrictions

6.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your internal business purposes.
• Analyze websites you own or have authorization to audit.
• Export analysis reports in JSON/Markdown format.
• Integrate the Service via our API (paid plans only).

6.2 Restrictions

You may NOT:

• Reverse engineer, decompile, or disassemble the Service.
• Copy, modify, or create derivative works of the Service.
• Rent, lease, sell, sublicense, or transfer the Service to third parties.
• Use the Service to analyze websites without proper authorization.
• Circumvent usage limits, security measures, or authentication mechanisms.
• Access the Service through automated means (bots, scrapers) except via our official API.
• Use the Service for illegal purposes or to violate third-party rights.
• Resell or white-label the Service without an Enterprise agreement.

7. Acceptable Use Policy

You agree to use Conservatory only for lawful purposes and in compliance with these Terms. Prohibited activities include:

7.1 Prohibited Uses

• Illegal Activity: Using the Service to violate laws, regulations, or third-party rights.
• Unauthorized Access: Analyzing websites you do not own or have permission to audit.
• Security Violations: Attempting to breach, test, or circumvent security measures.
• Spam or Abuse: Sending unsolicited communications, phishing, or distributing malware.
• Overloading Systems: Excessive API calls, DDoS attacks, or resource exhaustion.
• Competitive Intelligence: Using the Service to build competing products or services.
• Data Scraping: Extracting data from the Service beyond provided export features.

7.2 Enforcement

We reserve the right to:

• Suspend or terminate Accounts violating this policy.
• Remove or disable access to Content violating these Terms.
• Report illegal activity to law enforcement.
• Seek legal remedies for Terms violations.

8. Intellectual Property Rights

8.1 Company Ownership

Conservatory, including all software, algorithms, design, text, graphics, logos, and the Unison Metrics™ trademark, is owned by Symphony UI, LLC and protected by copyright, trademark, patent, and other intellectual property laws.

You do not acquire any ownership rights by using the Service.

8.2 Customer Data Ownership

You retain all rights to your Customer Data. By using the Service, you grant us a limited license to:

• Process and analyze your Customer Data to provide the Service.
• Store your Customer Data on our servers.
• Display analysis results in your Account.
• Use aggregated, anonymized data for Service improvement (see Privacy Policy).

We will never:

• Claim ownership of your Customer Data.
• Sell your Customer Data to third parties.
• Use your Customer Data for purposes other than providing the Service.

8.3 Generated Reports

Analysis reports generated by Conservatory are your property. You may:

• Export reports in JSON/Markdown format.
• Share reports with clients, team members, or stakeholders.
• Use reports for your internal business purposes.

You may NOT:

• Remove Conservatory branding from reports (unless on Enterprise plan).
• Resell reports as standalone products.
• Use reports to create competing analysis tools.

8.4 Feedback

If you provide suggestions, ideas, or feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize such Feedback without compensation or attribution.

9. API Terms and Conditions

9.1 API Access

Paid subscribers (Starter, Premium, Enterprise) may access our API subject to these Terms and our API Documentation.

9.2 API License

We grant you a limited, non-exclusive license to use the API to:

• Integrate Conservatory into your applications or workflows.
• Automate website analysis for your internal use.
• Retrieve analysis data programmatically.

9.3 API Restrictions

• Rate Limits: API calls are subject to rate limits based on your plan (see Documentation).
• Authentication: You must use secure API keys and keep them confidential.
• Authorized Use Only: API access is limited to your approved use case.
• No Abuse: Excessive or abusive API usage may result in throttling or suspension.
• No Redistribution: You may not expose raw API access to third parties.

9.4 API Changes

We may modify, deprecate, or discontinue API endpoints with 90 days' notice. You are responsible for updating integrations to maintain compatibility.

10. Data Privacy and Security

10.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, and protect your information. By using the Service, you consent to our privacy practices.

10.2 Data Security

We implement industry-standard security measures, including:

• AES-256 encryption for data at rest.
• TLS 1.3 encryption for data in transit.
• SOC 2 Type II compliance (Enterprise plans).
• GDPR and CCPA compliance.
• Regular security audits and penetration testing.

However, no system is 100% secure. You use the Service at your own risk.

10.3 Data Retention

• Active Accounts: We retain your Customer Data while your Account is active.
• Terminated Accounts: Data is deleted within 90 days of termination unless legally required to retain.
• Backups: Backup copies may persist up to 90 days.

10.4 Data Deletion Requests

You may request deletion of your data by contacting us at support@conservatory.app. We will comply within 30 days, subject to legal obligations.

11. GitHub Integration

11.1 Authorization

By connecting your GitHub account, you authorize Conservatory to:

• Read repository structure and code files.
• Generate Pull Requests with recommended fixes.
• Access commit history and branch information.

11.2 Scope of Access

We only access repositories you explicitly authorize. You can revoke access anytime via GitHub settings.

11.3 Auto-PR Generation

Our Auto-PR feature automatically generates Pull Requests with:

• Semantic HTML improvements.
• Accessibility fixes (WCAG compliance).
• SEO optimizations.
• Visual design enhancements (CSS improvements).

You are responsible for reviewing and approving PRs before merging. We are not liable for unintended code changes or conflicts resulting from auto-generated PRs.

12. Third-Party Services and Integrations

12.1 Third-Party Dependencies

Conservatory integrates with third-party services, including:

• Lighthouse (Google) – Performance and accessibility audits.
• axe-core (Deque Systems) – Accessibility testing.
• Puppeteer (Google) – Headless browser automation.
• GitHub – Code repository integration.
• OpenAI/Anthropic – AI-powered analysis engines.

Your use of these services is subject to their respective terms and policies.

12.2 Third-Party Liability

We are not responsible for:

• Failures, errors, or outages of third-party services.
• Changes to third-party terms or pricing.
• Data breaches or security issues with third-party providers.

12.3 OAuth Authentication

If you use OAuth (Google, GitHub), you agree to their terms and authorize data sharing as described in our Privacy Policy.

13. Service Availability and Uptime

13.1 No Guaranteed Uptime

The Service is provided "AS-IS" without guaranteed uptime or availability. We strive for high reliability but do not warrant uninterrupted service.

13.2 Maintenance and Downtime

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

13.3 SLA (Enterprise Only)

Enterprise plans include a 99.9% uptime SLA with service credits for outages exceeding the threshold (details in your Enterprise agreement).

14. Disclaimers and Warranties

14.1 AS-IS Service

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OPERATION.

We do not warrant that:

• The Service will meet your requirements.
• Analysis results will be 100% accurate or error-free.
• The Service will be uninterrupted, secure, or virus-free.
• Third-party integrations will function correctly.

14.2 No Professional Advice

Conservatory provides automated analysis tools, not professional legal, compliance, or consulting advice. You are responsible for verifying analysis results and ensuring compliance with applicable laws (ADA, WCAG, GDPR, etc.).

14.3 Beta Features

Features labeled "Beta" or "Experimental" are provided without warranties and may be modified or discontinued at any time.

15. Limitation of Liability

15.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• (A) THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• (B) $100 USD.

This cap applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.).

15.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, or business opportunities.
• Service interruptions or data loss.
• Third-party claims or actions.
• Reliance on analysis results or recommendations.

15.3 Exceptions

Some jurisdictions do not allow liability exclusions. In such cases, our liability is limited to the extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Symphony UI, LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of third-party rights (copyright, privacy, etc.).
• Unauthorized use of your Account.
• Your Customer Data or Content.

17. Termination

17.1 Termination by You

You may terminate your Account at any time by:

• Canceling your subscription via Account settings.
• Contacting support via email

17.2 Termination by Us

We may suspend or terminate your Account immediately if:

• You violate these Terms or our Acceptable Use Policy.
• Your payment fails or your Account becomes delinquent.
• We are required to do so by law or court order.
• We discontinue the Service (with 90 days' notice).

17.3 Effect of Termination

Upon termination:

• Your access to the Service is revoked.
• Your Customer Data is deleted per our retention policy (Section 10.3).
• Unpaid fees remain due and payable.
• Sections 6.2, 8, 14, 15, 16, 18, and 20 survive termination.

18. Dispute Resolution and Arbitration

18.1 Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles.

18.2 Mandatory Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Terms:

• Individual Arbitration Only: No class actions, class arbitrations, or representative actions.
• Location: Arbitration shall occur in Delaware or remotely (video/phone).
• Arbitrator Decision: Final and binding; enforceable in any court.
• Fees: Each party pays its own fees unless the arbitrator awards otherwise.

18.3 Opt-Out Right

You may opt out of arbitration within 30 days of accepting these Terms by sending written notice to:

18.4 Exceptions to Arbitration

Either party may seek injunctive relief in court for:

• Intellectual property infringement.
• Unauthorized use of the Service.
• Violations of confidentiality obligations.

18.5 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

19. DMCA and Copyright Infringement

19.1 Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe Content infringes your copyright, submit a DMCA notice to:

DMCA Notice Requirements:

1. Your physical or electronic signature.
2. Identification of the copyrighted work.
3. Identification of the infringing material (URL or description).
4. Your contact information (name, address, phone, email).
5. A statement of good faith belief that use is unauthorized.
6. A statement under penalty of perjury that the information is accurate and you are authorized to act.

19.2 Counter-Notice

If your Content was removed due to a DMCA notice, you may submit a counter-notice containing:

1. Your physical or electronic signature.
2. Identification of the removed Content.
3. A statement under penalty of perjury that the Content was removed by mistake or misidentification.
4. Your consent to jurisdiction in your location or where Symphony UI, LLC is located.

19.3 Repeat Infringer Policy

We will terminate Accounts of users who repeatedly infringe copyrights.

20. General Provisions

20.1 Modifications to Terms

We may update these Terms at any time. Changes take effect immediately upon posting. Continued use of the Service constitutes acceptance of updated Terms.

We will notify you of material changes via:

• Email to your registered address.
• In-app notification.
• Notice on our website.

20.2 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to affiliates or in connection with a merger, acquisition, or sale of assets.

20.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.

20.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

20.5 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Symphony UI, LLC, superseding all prior agreements.

20.6 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, war, pandemics, government actions, internet outages, etc.).

20.7 Export Compliance

You agree to comply with all export control laws and regulations. You may not use the Service in countries subject to U.S. trade embargoes.

20.8 Language

These Terms are written in English. Translations are for convenience only; the English version controls in case of conflict.

21. Contact Information

For questions about these Terms, contact us at: