Terms and Conditions

Privacy and legal

The terms that govern your use of Octopus Scanner.

These Terms and Conditions ("Terms") govern your use of the Octopus Scanner application (the "Application") provided by Lachlan Thompson ("Developer"). Please read them carefully.

Your access to and use of the Application is conditioned upon your full acceptance of and compliance with these Terms. These Terms apply to all users who download, install, access, or use the Application.

By downloading, installing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the Terms, you must not install or use the Application.

1. Description of the Application

The Application is a tool designed to assist users in evaluating the accessibility of web pages. It uses browser automation (Puppeteer) to navigate websites and an accessibility testing engine (axe-core) to analyse content against selected accessibility standards (for example, WCAG). It generates reports based on these automated checks.

The Application is currently in active development (BETA). This means core features may be missing, incomplete, or subject to significant change. Features may be unstable or prone to errors, and data formats (such as saved configuration files) may change between versions without backwards compatibility. Users are advised that the software is provided for testing and informational purposes only.

2. Licence grant

Subject to your compliance with these Terms, the Developer grants you a free, limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Application for your personal or internal business purposes. Permitted use includes generating accessibility reports for commercial client work, provided you do not redistribute the Application binaries themselves.

Software protection and restrictions

  • The software is licensed, not sold, and remains the intellectual property of the Developer.
  • You may not:
    • Sell, sublicense, rent, lease, or commercially exploit the Application itself (although you may use the Application to generate reports for commercial projects).
    • Copy, distribute, or otherwise share the software binaries or source code in a way not expressly permitted by the Developer.
    • Reverse engineer, decompile, disassemble, or modify the software, except to the extent such activities are expressly permitted by applicable law (including, where applicable, sections 50A to 50C and 296A of the Copyright, Designs and Patents Act 1988).
    • Bypass or tamper with any technical protections or integrity checks within the software.
  • All rights to the software, including updates, enhancements, and derivative works, remain with the Developer.

3. Updates and support

  • Updates: The Developer may, at their sole discretion, provide updates or improvements to the Application. You acknowledge that the Developer is under no obligation to provide updates or to continue developing the Application.
  • Support: The Application is provided free of charge. Support is offered on a best-effort basis only via the contact details in section 16, and the Developer is under no obligation to respond to bug reports or feature requests within any specified timeframe.
  • Maintenance: The Developer makes no binding commitment to a specific roadmap or long-term maintenance schedule.

4. "AS IS" and "AS AVAILABLE" disclaimer

THE APPLICATION IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".

You assume full responsibility and risk for using the Application. The Developer makes no warranties, express or implied, including but not limited to fitness for a particular purpose, non-infringement, or that the Application will be error-free, reliable, or secure.

5. User responsibilities

  • Authorisation and Lawful Use: You warrant that you have all necessary legal rights and explicit permission to scan any URLs or files you use with the Application. You are solely responsible for complying with the terms of service, robots.txt policies, and access restrictions of any website you scan.
  • System and Resource Impact: You acknowledge that scans may consume significant computing resources and load target websites. You agree to use the Application responsibly and configure it appropriately to avoid harm or disruption.
  • Automated Interaction Risks: The Application includes features ("Deep Scan" or "Interaction Scanning") that automatically interact with web page elements (clicking buttons, expanding menus). You acknowledge that these automated actions may inadvertently trigger state changes, modify database records, or perform destructive actions depending on the target application's design. You agree not to use Interaction Scanning modes on production environments where data modification is a risk.
  • Interpretation of Results: Automated accessibility testing is not comprehensive. Results require human interpretation by a qualified professional. The Application's output is informational and does not guarantee accessibility compliance or legal conformance.
  • No Legal Advice: The Application is a technical testing tool, not a legal compliance service. A "pass" result from this Application does not guarantee that a website complies with the Americans with Disabilities Act (ADA), the Equality Act 2010 (UK), or any other legislation. The Developer does not provide legal advice, and the Application's reports should not be used as the sole basis for legal defence or compliance certification.
  • Sensitive Data in Recordings: The Application includes features to record user interactions ("User Journeys"). You acknowledge that these recordings may capture sensitive data (for example, passwords or personal information) if you enter it during a recording session. You agree that you are solely responsible for sanitising scripts and securing any files containing such recordings. The Developer is not liable for any exposure of sensitive data resulting from your creation or sharing of User Journey scripts.
  • Security: You are solely responsible for maintaining the security of your systems, credentials, and data while using the Application.

6. Limitation of liability

Nothing in these Terms limits or excludes the Developer's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be lawfully limited or excluded under the laws of Scotland (including any rights you may have as a consumer under the Consumer Rights Act 2015).

Subject to the above, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data, business, revenue, or profits.
  • Computer system failure or malfunction.
  • Legal liability from unauthorised scans or misuse.
  • Network Blocking: You acknowledge that the aggressive use of automated scanning tools may result in your IP address or domain being blocked by target websites or internet service providers. The Developer is not responsible for any such blocks, bans, or service interruptions resulting from your use of the Application.

This applies regardless of the theory of liability (contract, delict (tort), or otherwise) and even if the Developer has been advised of the possibility of such damages.

You use the Application at your own risk and assume full responsibility for any outcomes.

7. Disclaimer of responsibility for user conduct

You acknowledge and agree that you are solely and entirely responsible for your use of the Application and for any and all consequences that arise from such use. The Developer provides the Application as a neutral tool and has no control over, and assumes no liability for, how you use it. Any action you take with the Application, including but not limited to the scanning of websites, systems, or files, is performed at your own risk and discretion. The Developer is not responsible for any unlawful, unethical, or damaging use of the Application by you or any third party.

8. Indemnification

If you use the Application other than as a consumer (for example, in the course of a business, profession, or trade), you agree to indemnify the Developer from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees and costs) arising out of or in any way connected with your access to or use of the Application, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights.

If you use the Application as a consumer, you remain responsible for your own acts and omissions in connection with the Application, but this section 8 does not impose any additional indemnity obligation on you beyond what is permitted by applicable consumer law.

9. Age restriction

By downloading and using the Application, you represent that you are at least 18 years of age or the age of legal majority in your jurisdiction. If you are not, you are not permitted to use the Application.

10. Intellectual property

The Application and all original content provided (excluding open-source dependencies) are the exclusive property of the Developer.

The Application makes use of certain open-source components, such as Puppeteer and axe-core, which are each governed by their own respective licences. Full legal notices and attribution for these components are provided in section 20, "Third-party and open-source software".

Ownership of generated content

You retain all rights, title, and interest in and to the data, reports, screenshots, and logs generated by your use of the Application ("Output"). The Developer claims no ownership over this Output. You are solely responsible for the content of the Output and its compliance with applicable laws.

11. User feedback

If you provide the Developer with any ideas, feedback, or suggestions regarding the Application ("Feedback"), you grant the Developer a worldwide, perpetual, irrevocable, royalty-free, fully paid licence to use, modify, and incorporate such Feedback into its products and services without any obligation or compensation to you.

12. Prohibited uses

You agree not to use the Application:

  • To scan websites or systems without proper authorisation.
  • For any unlawful or unethical purpose.
  • To conduct denial-of-service attacks or otherwise disrupt systems.
  • To infringe on the intellectual property or privacy rights of others.
  • To harvest, scrape, or extract data in violation of applicable laws or site terms.

13. Termination

The Developer may terminate your licence to use the Application at any time without notice if you violate these Terms. Upon termination, you must cease all use and destroy any copies of the Application in your possession. Termination of your licence does not entitle you to any refund (the Application being provided free of charge) and does not affect any rights or obligations that by their nature should survive termination.

14. Modifications to these Terms

The Developer may modify these Terms from time to time, for example to reflect changes in the Application, in applicable law, or in operational practice. Material changes will be notified via the Application's official product page, where the revised Terms will be published. Continued use of the Application after such notice constitutes your acceptance of the updated Terms. If you do not accept the modified Terms, you must cease using the Application.

15. Governing law and dispute resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of Scotland.

Jurisdiction: You agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). If you are a consumer living elsewhere in the United Kingdom, you may also bring proceedings in the courts of the part of the United Kingdom where you live.

16. Contact

For any questions regarding these Terms, or to report a bug, please contact the Developer at support@octopusscanner.com.

17. Export compliance

You agree to comply with all applicable export laws and regulations. The Application may not be downloaded or used in any country subject to United Kingdom or international sanctions or embargoes.

18. Software integrity

The Developer may include technical measures to ensure software integrity. You agree not to bypass, disable, tamper with, or circumvent such protections, except to the extent such activities are expressly permitted by applicable law.

19. Severability and entire agreement

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

These Terms constitute the entire agreement between you and the Developer concerning the Application, superseding any prior agreements or understandings.

20. Third-party and open-source software

The Application incorporates software components from the open-source community, each of which is subject to its own licence. Your use of the Application is also governed by the terms of these licences.

Components updated within the Application. Components you choose to update from within the Application, including its dependencies, the axe-core engine and the Node.js runtime, are downloaded from their publishers and are provided under their own licences, which may differ from those of the components shipped with the Application. The Developer provides licence information only for the components shipped with the Application. You are responsible for reviewing and complying with the licences of any components you choose to update.

Component updates are not tested by the Developer. Updates to dependencies, the axe-core engine and the Node.js runtime that the Application offers come directly from their publishers and are not tested by the Developer before they are offered. Only the versions included in downloads from the Developer's website are tested. You choose whether to install a component update, and you do so at your own risk.

Google Chrome and system components. The Application does not include a web browser. It uses the copy of Google Chrome installed on your computer, and on Windows the Microsoft Edge WebView2 Runtime, each of which is provided by its publisher under its own terms. The Developer is not responsible for these products.

Optional Local LLM Review (experimental). The Application includes an optional, experimental feature that, only when you enable it, sends page details from a scan to a large language model (LLM) server that you choose and operate on your own device or local network. The Application accepts only local servers and does not support connection to cloud AI providers. You are solely responsible for selecting, installing, operating and licensing any model or server you connect, for complying with its terms, and for any fees, charges or costs arising from it, including where a paid or metered service is connected. LLM output may be inaccurate, incomplete or inconsistent and does not constitute a confirmed finding or professional advice. The Developer is not responsible for any model, server or output, or for any loss, cost or damage arising from your use of this feature, to the extent permitted by applicable law.

The following is a list of open-source projects used within the Application:

axe-core

This software uses the axe-core accessibility engine, which is distributed under the Mozilla Public License, Version 2.0 (MPL 2.0).

Project source: axe-core source code

Licence text: Mozilla Public License, Version 2.0

Puppeteer

This software uses Puppeteer, which is distributed under the Apache License, Version 2.0.

Project source: Puppeteer source code

Licence text: Apache License, Version 2.0

Licence texts for the open-source packages bundled with the Application are provided in the file THIRD-PARTY-LICENSES.txt, which is distributed with this software. A full list of the third-party components used by the Application and this website, with their licences, is published on the Third-Party Licences page. By using the Application, you acknowledge and agree to the terms of these third-party licences.

The mention of specific third-party software (for example, axe-core and Puppeteer) is for attribution and informational purposes only. The Application is not endorsed by, affiliated with, or sponsored by Deque Systems, Inc., Google LLC, or the respective maintainers of these projects.

THE OPEN-SOURCE COMPONENTS LISTED ABOVE, AND IN THIRD-PARTY-LICENSES.txt, ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE OPEN-SOURCE SOFTWARE BE LIABLE FOR ANY CLAIMS, DAMAGES, OR OTHER LIABILITY ARISING FROM THE USE OF SUCH SOFTWARE. YOUR RIGHTS UNDER THE LICENCES FOR THESE COMPONENTS ARE NOT LIMITED BY OUR OWN TERMS AND CONDITIONS.

22. Privacy and data handling

The Application is a local-only tool. It performs all accessibility scans on your own machine and does not transmit, collect, store, or share any scan data, telemetry, usage analytics, or personal information with the Developer or any third party. The only exception is Local LLM Review: if you turn it on, page details from a scan are sent to the LLM server you choose (see section 20).

No account or registration is required to use the Application, and the Developer has no visibility into which websites you scan, what results you produce, or how you use the Application.

Any communication you voluntarily initiate with the Developer (for example, sending a bug report to support@octopusscanner.com, or attaching a diagnostic file created with the Export Bug Data button in an HTML report) is handled solely for the purpose of responding to your enquiry, and is retained only for as long as is reasonably necessary for that purpose. The Developer does not use any contact information for marketing or any other purpose, and does not share it with third parties.

Data controller responsibility for scan content: When you scan a website, any personal data captured incidentally in the resulting reports, screenshots, or logs is created on your machine and remains under your sole control. You are the data controller for any such personal data within the meaning of the UK GDPR and the Data Protection Act 2018. The Developer is not a processor of, and has no access to, this data.

Diagnostic exports: The Export Bug Data button in an HTML report generates a diagnostic JSON file on your local machine. This file is not transmitted automatically. It is your decision whether to share it, and your responsibility to review its contents (which may include URLs you have scanned) before doing so.

The Application is distributed through its website, and earlier versions were distributed through third-party platforms (such as the legacy itch.io page). The website's hosting provider and those platforms may collect their own data (for example, download statistics or IP addresses) under their own privacy policies. The Developer has no control over, and no responsibility for, the data practices of those providers and platforms.

Update and safety checks: Unless Offline Mode is on, the Application contacts the Developer's website to check for new versions (and, if the website cannot be reached, the legacy itch.io page), the Developer's download server when you choose to download an update, and the services of its component publishers (such as the npm registry, the jsDelivr content network, the Node.js website and the OSV vulnerability database) to check for, download and verify component and engine updates and known security issues. These requests contain no scan data, but, like any internet request, they reveal your IP address to the services contacted.

A full account of what the Application stores and transmits is given in Data, Privacy & Security.

23. Force majeure

The Developer will not be liable for any failure to perform any of its obligations under these Terms if the performance is prevented, hindered, or delayed by a Force Majeure Event. A "Force Majeure Event" means any event beyond the reasonable control of the Developer, including but not limited to: acts of God, natural disasters, fire, flood, or earthquake; war, terrorism, civil unrest, or government action; pandemic, epidemic, or public health emergency; failure or unavailability of the internet, hosting providers, third-party platforms, or open-source dependencies; power, telecommunications, or supply-chain failures; cyberattack, data breach, or denial-of-service activity directed at infrastructure the Developer relies upon; and any change in applicable law that prevents lawful provision of the Application.

24. Assignment

The Developer may assign or transfer its rights and obligations under these Terms to a third party at any time, provided that the assignee accepts the obligations under these Terms. You may not assign or transfer your rights or obligations.

25. General provisions

  • Survival: Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  • No Waiver: The failure of the Developer to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • Interpretation: The headings in these Terms are for convenience only and have no legal or contractual effect.

26. Donations

The Application is free, and donations are entirely voluntary. Donations are made through Buy Me a Coffee, a third-party service that processes payments under its own terms and privacy policy. A donation is a gift to support the project: it does not purchase the Application, a licence, support, features, updates or any other goods or services, and it does not create any entitlement or change these Terms. Donations are non-refundable except where the law or Buy Me a Coffee's own terms require otherwise.

27. Use of the website

The Octopus Scanner website, including its guides, release notes and sample report, is provided for general information about the Application. The Developer aims to keep it accurate and up to date, but it is provided "as is", may change at any time and does not constitute legal or professional advice. Links to third-party websites are provided for convenience, and the Developer is not responsible for their content or practices. How the website handles your data is described in Data, Privacy & Security. These Terms, including sections 6 and 15, also apply to your use of the website.

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