DAPEN Membership Terms & Conditions

DAPEN Membership Agreement

**Last updated: March 2026

This DAPEN Membership Agreement ("Agreement") is entered into by and between DAPEN.org L.L.C. ("DAPEN," "we," "us," or "our") and the entity purchasing a DAPEN Membership ("Member," "you," or "your"). By purchasing, renewing, or using a DAPEN Membership, Member agrees to these Terms and Conditions.

1. Nature of Membership

1.1 Membership Service; Not Insurance

DAPEN Membership is a subscription-based service membership that provides access to specified digital accessibility response services and related member benefits. It is not insurance, is not an indemnity product, does not provide reimbursement coverage, and is not a guarantee against claims, lawsuits, penalties, judgments, settlements, or regulatory action.

1.2 No Guarantee of Outcome

DAPEN does not guarantee:

Prevention of complaints or lawsuits;
Dismissal or favorable resolution of claims;
Regulatory compliance;
Website conformity with any legal or technical standard;
Avoidance of damages, costs, or liability.

1.3 Membership Scope

Benefits are limited to those expressly stated in this Agreement.

2. Covered Website

2.1 Enrolled domain

Membership applies only to the specific enrolled website/domain identified during enrollment (the "Covered Website").

2.2 What is not automatically covered

Coverage does not automatically extend to:

Affiliates
Subsidiaries
Additional domains
Sub-brands
Mobile apps
Third-party platforms
Unlisted websites

Separate enrollment may be required.

3. Covered Trigger Events

Subject to all terms, DAPEN Membership may be activated only upon:

A documented customer accessibility complaint;
A written legal demand regarding website accessibility;
Service of a lawsuit concerning alleged website accessibility barriers.

DAPEN reserves sole discretion to determine whether a submission qualifies as a Covered Trigger Event.

4. Membership Services

Upon a qualified Covered Trigger Event, Member may receive access to Digital Accessibility Protection ("DAP") services, which may include:

4.1 Speed Response

Initial response target within 24 hours (excluding force majeure, weekends/holidays if applicable, incomplete submissions, or events outside DAPEN control).

Account management coordination.

4.2 Technical Response

Accessibility issue triage.

Remediation recommendations.

Developer assistance as determined by DAPEN.

4.3 Defense Strategy Support

Strategic response support.

Coordination with outside legal resources, where offered.

4.4 DAPEN Discretion

DAPEN determines:

Appropriate response methods;
Resource allocation;
Service prioritization;
Scope and duration of assistance.

4A. Membership Activation Waiting Period

DAP services may only be used for Covered Trigger Events first arising at least thirty (30) days after the effective date of initial membership purchase (the "Waiting Period").

Any complaint, demand, lawsuit, circumstance, or event arising during the Waiting Period is excluded from membership services.

Renewals do not restart the Waiting Period unless coverage has lapsed.

4B. Fair Use Limitations

Membership includes up to four (4) DAP activations per membership year per Covered Website.

Any additional requests beyond four activations may be declined, deferred, or subject to separate fees or separate written arrangement at DAPEN's discretion.

Multiple complaints or matters arising from substantially similar facts may be treated as a single activation at DAPEN's discretion.

5. Exclusions

Membership does not cover, include, or apply to:

Pre-existing claims known before enrollment
Events arising before effective membership date
Fraud or intentional misconduct
False or misleading representations by Member
Member refusal to implement reasonable remediation recommendations
Claims unrelated to accessibility
Government investigations unless expressly included in writing
Fines, damages, settlements, judgments, or attorney fees owed by Member
Third-party vendor failures
Code or systems outside Member control
Criminal, deceptive trade practice, or consumer fraud allegations
Repeat or serial claims arising from unresolved issues Member failed to address
Claims arising during the 30-day Waiting Period
Custom development beyond any stated included scope

6. Membership Fees and Renewal

6.1

Membership fees are due in advance.

6.2

Fees are non-refundable except where required by law.

6.3

Membership renews [automatically / manually] unless canceled per Section 7.

6.4

DAPEN may change fees at renewal upon notice.

7. Cancellation and Termination

By Member

Member may cancel according to applicable cancellation procedures.

By DAPEN

DAPEN may suspend or terminate membership for:

Nonpayment
Fraud
Abuse of services
Material breach
Misrepresentation during enrollment
Failure to cooperate in response efforts
Conduct exposing DAPEN to unreasonable risk
Abuse or suspected abuse of DAP services, including excessive, bad-faith, repetitive, or manipulative use of membership benefits

Termination may result in immediate loss of benefits.

DAPEN reserves the right, in its reasonable discretion, to void protection, suspend access to DAP, or terminate membership if DAPEN believes membership benefits are being abused, used in bad faith, or used contrary to the intended purpose of the program.

8. Member Duties

Member agrees to:

Maintain accurate enrollment information;
Promptly notify DAPEN of Trigger Events;
Cooperate in good faith;
Provide access reasonably necessary for response;
Implement recommended actions where appropriate;
Maintain its own legal counsel unless expressly provided otherwise.

Failure to cooperate may suspend services.

9. Independent Legal Counsel Disclaimer

Unless explicitly stated in a separate written engagement:

DAPEN is not acting as Member's law firm.
No attorney-client relationship is formed with DAPEN.
Membership fees do not constitute prepaid legal fees.
Any attorney engagement is subject to separate engagement terms.

10. Free Tools and Resources

DAPEN may provide audits, tools, educational resources, or compliance materials as member benefits.

These are provided:

As informational resources only;
Without warranties;
Without guaranteeing compliance;
Subject to change or discontinuation at any time.

11. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
COMPLIANCE
UNINTERRUPTED AVAILABILITY
SUCCESSFUL CLAIM RESOLUTION

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

DAPEN'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO MEMBERSHIP SHALL NOT EXCEED THE AMOUNT OF MEMBERSHIP FEES PAID BY MEMBER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

DAPEN SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES
INCIDENTAL DAMAGES
CONSEQUENTIAL DAMAGES
LOST PROFITS
LOST REVENUE
BUSINESS INTERRUPTION
DATA LOSS
SETTLEMENTS
JUDGMENTS
STATUTORY DAMAGES
ATTORNEY FEES

THIS LIMITATION APPLIES REGARDLESS OF THEORY OF LIABILITY.

13. Indemnification

Member shall defend, indemnify, and hold harmless DAPEN.org L.L.C., its managers, members, officers, employees, contractors, and affiliates from claims arising from:

Member's website content or operations
Member breach of this Agreement
Member negligence or misconduct
Third-party claims relating to Member's acts or omissions

14. Intellectual Property

All DAPEN materials, methodologies, frameworks, tools, and proprietary defense strategies remain DAPEN intellectual property.

Membership grants no ownership rights.

15. Confidentiality

Both parties shall maintain confidentiality of non-public information disclosed in connection with services, subject to legal obligations.

16. Force Majeure

DAPEN is not liable for delays or failures caused by events beyond reasonable control, including cyber incidents, outages, disasters, labor disruptions, or governmental actions.

17. Dispute Resolution and Binding Arbitration

Mandatory Informal Resolution

Before initiating arbitration, the parties agree to attempt good-faith resolution by written notice and allow thirty (30) days to resolve the dispute informally.

Binding Arbitration

Except for matters eligible for small claims court, any dispute, claim, or controversy arising out of or relating to this Agreement, the Membership, DAP services, or the relationship between the parties shall be resolved exclusively by final and binding arbitration.

Arbitration shall:

Be conducted by a reputable arbitration provider selected in the Agreement or as otherwise mutually agreed;
Be conducted in [County, State];
Be conducted before a single arbitrator;
Be governed by applicable commercial arbitration rules;
Allow the arbitrator to award remedies permitted under this Agreement and applicable law.

Judgment on any award may be entered in any court of competent jurisdiction.

Class Action Waiver

To the maximum extent permitted by law, disputes must be brought solely on an individual basis.

Member waives any right to:

Participate in a class action;
Act as class representative;
Join or consolidate claims with others;
Bring claims in a representative or private attorney general capacity, where waivable.

Jury Trial Waiver

To the extent permitted by law, both parties waive any right to a jury trial for disputes permitted in court.

Injunctive Relief Exception

Nothing in this section prevents DAPEN from seeking temporary or equitable relief for misuse of intellectual property, confidential information, unpaid fees, or abuse of membership services.

18. Governing Law

This Agreement shall be governed by the laws of the State of [Insert], without regard to conflict-of-law principles.

Venue for permitted court proceedings shall lie exclusively in [Insert County/State].

19. Modifications

DAPEN may modify these Terms upon notice. Continued membership use after notice constitutes acceptance.

20. Entire Agreement

This Agreement constitutes the entire agreement concerning membership and supersedes prior discussions or marketing statements unless expressly incorporated.

21. Marketing and Sales Materials

Descriptions in advertisements, websites, decks, or sales materials are illustrative and do not expand contractual obligations unless expressly included in this Agreement.

22. Important Membership Disclosures

Member acknowledges:

Membership is not insurance.
Membership is a service arrangement.
Results are not guaranteed.
DAPEN does not assume Member's legal liabilities.
Member remains responsible for its own compliance obligations.