Effective Date: 7/10/25
Welcome to FifthColor’s Website Audit service. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.
1. Service Overview
FifthColor provides an automated website audit tool that analyzes your website's performance, SEO, and accessibility. The service delivers actionable insights to enhance your site's speed, search engine visibility, and compliance with accessibility standards.
2. User Eligibility
You must be at least 18 years old to use this service. By using the service, you represent and warrant that you meet this age requirement.
3. Account Registration
To access certain features, you may need to create an account. You agree to provide accurate and complete information and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Payment and Billing
FifthColor offers the Website Audit service on a per-audit basis, with options for purchasing multiple audits at discounted rates. All fees are due in advance and are non-refundable, except as required by law. Prices are subject to change, but any changes will not affect audits already purchased.
5. Use of Service
You agree not to:
- Use the service for any unlawful purpose or in violation of any applicable laws;
- Attempt to gain unauthorized access to the service or its related systems;
- Interfere with or disrupt the integrity or performance of the service.
FifthColor reserves the right to suspend or terminate your access to the service if you violate these Terms.
6. Intellectual Property
All content and materials provided through the service, including reports and analyses, are the property of FifthColor or its licensors. You are granted a limited, non-exclusive, non-transferable license to use these materials for your internal business purposes.
7. Privacy and Data Retention
FifthColor respects your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.
Data Retention: Audit data and reports may be retained by FifthColor for internal improvement, support, and quality assurance for a period of up to 24 months unless otherwise required by law. You may request early deletion of your data by contacting us at the email provided below.
We do not sell or share your audit data with third parties, except as required for providing the audit service or complying with legal obligations.
8. Third-Party Tools and Services
FifthColor may rely on or incorporate third-party services or APIs, including but not limited to tools like Google Lighthouse, GTMetrix, and accessibility audit utilities. By using our service, you acknowledge that:
- These tools are provided "as is" by their respective providers;
- FifthColor is not responsible for the uptime, accuracy, or continued availability of any third-party tools used in delivering the audit;
- Use of these third-party services may be subject to their own terms and privacy policies.
9. HIPAA, COPPA, and ADA Compliance
- HIPAA: The Website Audit service is not designed or intended to collect or process Protected Health Information (PHI) as defined under HIPAA. Users should not input, upload, or share PHI through the service.
- COPPA: The service is not directed toward children under 13, and we do not knowingly collect personal information from individuals under the age of 13. If we discover such information has been submitted, it will be promptly deleted.
- ADA: FifthColor includes accessibility audits in its service, designed to help users identify potential issues with ADA (Americans with Disabilities Act) digital compliance. However, FifthColor does not guarantee legal compliance and recommends consultation with an ADA specialist or attorney for official evaluations.
10. Disclaimers
The Website Audit service is provided "as is" and "as available." FifthColor makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of the audit results. We do not guarantee that the service will identify all issues or that implementing our recommendations will result in specific outcomes.
11. Limitation of Liability
To the maximum extent permitted by law, FifthColor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the service. Our total liability to you for any claims arising under these Terms shall not exceed the amount paid by you for the service.
12. Indemnification
You agree to indemnify and hold harmless FifthColor, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the service or violation of these Terms.
13. Modifications to Terms
FifthColor reserves the right to modify these Terms at any time. We will provide notice of any significant changes by posting the new Terms on our website. Your continued use of the service after such changes constitutes your acceptance of the new Terms.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.
Dispute Resolution:
Any dispute arising out of or relating to these Terms or the Website Audit service shall first be attempted to be resolved informally by contacting FifthColor directly. If unresolved, you and FifthColor agree to submit the dispute to binding arbitration in Sheboygan County, Wisconsin, conducted in accordance with the rules of the American Arbitration Association (AAA). Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
15. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
FifthColor
1500 Stedman Way
Sheboygan Falls, WI
Email: info@fifthcolor.com