Perceivable. Version of 1 August 2026.
These Terms of Service (the “Terms”) govern access to and use of the Perceivable application (the “Service”), operated by Paolo Khoury, 121 rue de Paris, 91120 Palaiseau, France (the “Provider”, “we” or “us”). By installing the Service on a Shopify store, the merchant operating that store (the “Merchant” or “you”) accepts these Terms in full. If you do not accept them, do not install or use the Service.
2.1. The Service retrieves Store Data through Shopify’s application programming interfaces, analyses it against the Standard, and reports the issues it identifies together with guidance on remediation.
2.2. The Service produces draft Documentation from the results of an Assessment, for the Merchant to review, complete and publish at the Merchant’s discretion.
2.3. The Service operates in read only mode. It does not modify the Store, its theme, its content, or anything presented to the Store’s customers.
3.1. The Service does not establish conformance. Automated testing reliably detects approximately one third of the success criteria comprised in the Standard. Criteria requiring human judgement, including whether alternative text conveys meaning, whether reading and focus order are logical, and whether errors can be identified and corrected, cannot be assessed by automated means.
3.2. An Assessment that identifies no issues does not constitute a statement of conformance, and must not be represented as one. The Service does not certify the Store and does not issue any form of accreditation.
3.3. The Documentation is a draft prepared from automated results. The Merchant is solely responsible for verifying its accuracy, for determining whether Directive (EU) 2019/882 or any other legislation applies to the Merchant’s business, and for discharging the Merchant’s own legal obligations.
3.4. Nothing supplied by the Service constitutes legal advice. The Merchant should obtain independent professional advice where appropriate.
3.5. The Service does not assess the Shopify checkout, which is controlled by Shopify and cannot be modified by merchants other than on Shopify Plus plans. Certain checks, including colour contrast and the size of pointer targets, require a rendered page and are outside the scope of an Assessment conducted through Shopify’s interfaces. The Service identifies these exclusions in each report.
4.1. The Merchant warrants that it owns, or is authorised to test, each Store on which it installs the Service.
4.2. The Merchant is responsible for the accuracy of information it enters into the Documentation, and for reviewing that Documentation before publication.
4.3. The Merchant shall not attempt to disrupt, overload, reverse engineer, or gain unauthorised access to the Service or its underlying infrastructure.
5.1. Assessments are provided without charge. Access to remediation guidance, the locations of identified issues within the theme, and the Documentation requires a paid subscription at USD 29 per month, or USD 290 per year, following a free trial of 7 days. The cadence is chosen by the Merchant when the subscription is started.
5.2. All charges are collected by Shopify and applied to the Merchant’s Shopify invoice in accordance with Shopify’s billing terms. The Provider does not receive or process payment card details.
5.3. The Merchant may cancel at any time through Shopify. Cancellation prevents further charges. Fees already paid for the current billing period are not refundable, save where refund is required by applicable law.
6.1. The Provider retains all rights in the Service, including its analysis rules and report formats. No licence is granted other than the right to use the Service in accordance with these Terms.
6.2. The Merchant retains all rights in Store Data and in the Documentation generated for its Store, and may publish, adapt and distribute that Documentation freely.
7.1. The Service is provided on an “as is” and “as available” basis. No service level or uptime commitment is given.
7.2. Assessments depend on the availability of Shopify’s interfaces and on the Store being reachable. Where insufficient data can be retrieved to produce a meaningful result, the Service reports that condition rather than issuing a score.
7.3. Support is provided by electronic mail to paolok5@hotmail.com. The Provider endeavours to respond within 5 working days.
8.1. To the fullest extent permitted by applicable law, the Provider excludes all warranties, conditions and representations not expressly set out in these Terms, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose.
8.2. The Provider does not warrant that an Assessment will identify every accessibility issue present in a Store, nor that acting on its findings will result in conformance with the Standard or compliance with any legislation.
9.1. To the fullest extent permitted by applicable law, the aggregate liability of the Provider arising out of or in connection with the Service, whether in contract, tort including negligence, or otherwise, shall not exceed the total fees paid by the Merchant in the twelve months preceding the event giving rise to the claim.
9.2. The Provider shall not be liable for indirect, incidental, special or consequential loss, nor for loss of profit, revenue, goodwill or anticipated savings, nor for regulatory fines, penalties or legal costs incurred by the Merchant.
9.3. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct.
10.1. The Merchant shall indemnify the Provider against claims, losses and reasonable costs arising from the Merchant’s breach of clause 4.1 or from any representation the Merchant makes as to the conformance or compliance status of its Store.
11.1. These Terms take effect on installation and continue until the Service is uninstalled.
11.2. On uninstallation, Shopify notifies the Provider and the Provider deletes the Merchant’s Assessment history and stored details in accordance with Annex A.
11.3. The Provider may suspend or terminate access where a Merchant breaches clause 4.3 or uses the Service unlawfully.
11.4. Clauses 6, 8, 9, 10 and 13 survive termination.
12.1. The Provider may amend these Terms. Where an amendment is material, Merchants holding an active subscription will be notified by electronic mail not less than 14 days before it takes effect, and the version date above will be updated. Continued use after that date constitutes acceptance.
13.1. These Terms are governed by French law. The courts of France have exclusive jurisdiction, without prejudice to any mandatory protection available to the Merchant under the law of its place of establishment.
This Annex forms part of these Terms and constitutes the written contract required by Article 28(3) of Regulation (EU) 2016/679 (the “GDPR”). Where the Provider processes personal data on the Merchant’s behalf, the Merchant is the controller and the Provider is the processor.
Processing is carried out for the purpose of performing Assessments requested by the Merchant and producing the resulting reports and Documentation. It continues for as long as the Service remains installed.
The Provider processes:
The Service requests read only access scopes limited to themes, products and content. It has no access to customer records, order records or payment data, and therefore does not process personal data relating to the Merchant’s customers. The only data subjects concerned are the Merchant and its personnel.
The Provider shall:
The Merchant authorises the engagement of Fly.io, Inc. for hosting. Processing takes place on infrastructure located within the European Union. The Provider will give notice of any intended addition or replacement of a sub-processor, and the Merchant may object.
Personal data is stored within the European Economic Area. No transfer to a third country takes place under these Terms.
Assessment records and Merchant contact details are retained until the Service is uninstalled. Where the Merchant supplies a storefront password, it is encrypted using AES-256-GCM and deleted on completion of the Assessment for which it was provided. Following uninstallation, Shopify issues a shop redaction request and the Provider deletes the Merchant’s Assessment history and stored details.