HARD CALL ACCESSIBILITY AND ADA COMPLIANCE POLICY
1. INTRODUCTION AND PURPOSE
1.1 This Accessibility and ADA Compliance Policy ("Policy") sets out how HARD CALL LLC, organized and operating from the Commonwealth of Massachusetts ("Hard Call," "we," "us," or "our"), designs, develops, maintains, and operates its communication-processing platform, websites, applications, and related services (collectively, the "Services") in a manner intended to be accessible to individuals with disabilities and compliant with applicable accessibility laws and standards.
1.2 This Policy is drafted to withstand regulatory, judicial, and external counsel scrutiny and is intended to align with Applicable Law, including but not limited to the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act, state and local disability rights laws, the Web Content Accessibility Guidelines ("WCAG") published by the World Wide Web Consortium ("W3C"), the EU Web Accessibility Directive where applicable, and broader frameworks governing digital services, consumer protection, privacy, and safety such as GDPR, CCPA/CPRA, DSA, COPPA, and Section 5 of the FTC Act.
1.3 The core mission of Hard Call is to prevent escalation and protect Clients from harmful replies by mediating sensitive communications. Accessibility is integral to that mission. This Policy confirms Hard Call’s commitment to making its Services usable by individuals with disabilities on an equal basis with others, subject to technical feasibility and the concept of reasonable accommodations.
1.4 This Policy supplements and is incorporated by reference into the Hard Call Terms of Service ("Terms"), Privacy Policy, Acceptable Use Policy, and Contact and Complaints Policy. In the event of a conflict regarding accessibility matters, this Policy shall control to the extent it is more specific, unless Applicable Law requires otherwise.
2. DEFINITIONS
2.1 "Applicable Law" means all applicable federal, state, local, and international laws, regulations, and rules governing accessibility, disability rights, consumer protection, privacy, electronic communications, and online platforms, including without limitation ADA, Section 504, state disability rights laws, GDPR, UK GDPR, CCPA/CPRA, DSA, COPPA, and Section 5 of the FTC Act.
2.2 "Disability" has the meaning given by ADA and analogous laws, including a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment, as interpreted under applicable jurisdictional law.
2.3 "User" or "you" means any individual or entity that accesses or uses the Services in any capacity, including Clients, Recipients, Editors, and visitors, regardless of disability status.
2.4 "Assistive Technologies" means software or hardware used by individuals with disabilities to access digital content, including but not limited to screen readers, magnifiers, voice recognition software, switch devices, captioning tools, and alternative input devices.
2.5 "WCAG" means the Web Content Accessibility Guidelines published by W3C, including WCAG 2.1 and subsequent versions or levels (such as Level A, AA, or AAA) as Hard Call may designate as its target conformance level.
2.6 "Reasonable Accommodation" means a modification or adjustment to policies, practices, or the provision of Services that enables a person with a disability to access or use the Services on an equal basis with others, without imposing an undue burden or requiring a fundamental alteration of the nature of the Services, as defined by ADA and applicable law.
2.7 "Accessibility Issue" means any barrier, defect, or limitation in the Services that materially impairs their use by individuals with disabilities in comparison with other Users, including non-conformance with target WCAG criteria or technical incompatibility with Assistive Technologies.
3. SCOPE AND RELATIONSHIP TO OTHER POLICIES
3.1 This Policy applies to the design, development, procurement, and operation of the Services, including web interfaces, mobile applications, documentation, contact and complaint channels, and key user workflows relevant to Hard Call’s safety-focused messaging model.
3.2 This Policy operates in conjunction with the Contact and Complaints Policy, which provides specific mechanisms for Users to raise Accessibility Issues or request accommodations, and with the Privacy Policy, which governs processing of Personal Data in connection with such requests.
3.3 This Policy does not supersede statutory rights or obligations under ADA, Section 504, GDPR, CCPA/CPRA, or other Applicable Laws. Where there is a conflict between this Policy and non-waivable legal rights, those legal rights shall prevail.
3.4 Hard Call’s accessibility program is also designed to support obligations under DSA, consumer protection laws, and regulatory frameworks that encourage or require fair and non-discriminatory access to digital services, particularly where such services have safety and quasi-mediation functions.
4. ACCESSIBILITY COMMITMENT AND PRINCIPLES
4.1 Hard Call is committed to providing accessible Services to individuals with disabilities on an equal basis with others, subject to technical feasibility and the concept of Reasonable Accommodation as defined by Applicable Law.
4.2 Hard Call seeks to design and maintain key user journeys, including account creation, safety notices, message submission, reply review, and complaint handling, in line with recognized accessibility principles such as those embodied in WCAG: perceivable, operable, understandable, and robust.
4.3 Hard Call will endeavor to integrate accessibility considerations into product design, engineering, and content development processes, rather than treating accessibility as an afterthought or separate overlay.
4.4 Hard Call’s accessibility commitments are risk-based and prioritize critical safety and communication features, while also seeking broad accessibility improvements across the Services over time.
5. TARGET STANDARDS AND CONFORMANCE
5.1 Hard Call’s current objective is for its primary web-based user interfaces to conform substantially with WCAG 2.1 Level AA (or a successor standard that Hard Call identifies in updated versions of this Policy), recognizing that certain legacy components or third-party integrations may not fully conform at all times.
5.2 Mobile applications and other platform-specific interfaces will be developed with reference to relevant platform accessibility guidelines (for example, iOS and Android accessibility standards), as well as underlying WCAG principles, to the extent technically feasible.
5.3 Where perfect conformance is not yet achieved, Hard Call will implement prioritized remediation plans for Accessibility Issues that materially affect critical safety and communication workflows or impact a meaningful number of Users with disabilities.
5.4 Nothing in this Policy shall be interpreted as a guarantee of full WCAG conformance in every respect or at all times, but rather as a good-faith commitment to align with these standards to the fullest extent reasonably practicable.
6. DESIGN, DEVELOPMENT, AND PROCUREMENT
6.1 Hard Call will incorporate accessibility requirements into product specifications, design reviews, and development processes for new features and major updates, including consideration of color contrast, keyboard navigation, focus order, headings, labels, error handling, and compatibility with Assistive Technologies.
6.2 Developers, designers, and content creators working on the Services will be provided with guidance, checklists, or design systems that embed accessibility considerations consistent with WCAG and platform-specific standards.
6.3 When procuring third-party components, tools, or content that will be integrated into the Services, Hard Call will evaluate accessibility-related representations and documentation (for example, VPATs or conformance statements) and will favor solutions that align with Hard Call’s accessibility objectives, where commercially reasonable.
6.4 If third-party components introduce Accessibility Issues that Hard Call cannot fully remediate, Hard Call will seek to implement appropriate workarounds, mitigations, or alternative access methods, subject to contractual and technical limitations.
7. REASONABLE ACCOMMODATIONS AND INDIVIDUAL ASSISTANCE
7.1 Hard Call will consider and, where required by ADA and other Applicable Laws, provide Reasonable Accommodations to qualified individuals with disabilities to support effective access to the Services, unless doing so would impose an undue burden or fundamentally alter the nature of the Services.
7.2 Reasonable Accommodations may include, depending on the circumstances: (a) providing alternative communication channels for key interactions; (b) extending certain response timelines where disability-related needs are documented; (c) providing accessible formats for key documents and notices; or (d) offering assistance in navigating critical workflows such as safety reporting or complaint submission.
7.3 Requests for Reasonable Accommodations may be submitted through the Contact Channels described in the Contact and Complaints Policy. Hard Call may request limited information necessary to evaluate the request and determine an appropriate accommodation, while minimizing intrusion into sensitive health or disability details and processing such information consistent with the Privacy Policy.
7.4 If a requested accommodation cannot be provided due to undue burden or fundamental alteration, Hard Call will, where feasible, work with the individual to identify alternative accommodations that may satisfy their needs to a reasonable extent.
8. ACCESSIBLE COMMUNICATIONS AND CONTENT
8.1 Hard Call will seek to ensure that core informational content, including key policy documents, safety notices, consent banners, and user guidance, is presented in a clear, structured, and navigable format that can be interpreted by Assistive Technologies, including screen readers.
8.2 Where Hard Call uses audio or video content for essential information (such as onboarding or safety explanations), Hard Call will endeavor to provide text-based equivalents, captions, or transcripts, particularly where such content is necessary to understand critical rights, obligations, or safety instructions.
8.3 Hard Call will avoid exclusively color-dependent cues for important information (such as error states or warnings) and will provide text labels or icons that are perceivable regardless of color perception.
8.4 Third-party content embedded in the Services may not always meet the same accessibility standards. Hard Call will, where feasible, label or contextualize such content and provide alternate means of accessing core functionality that does not rely solely on inaccessible third-party components.
9. ACCESSIBILITY FEEDBACK, REPORTING, AND COMPLAINTS
9.1 Users and visitors, including individuals with disabilities, may provide accessibility-related feedback, report Accessibility Issues, or submit accessibility-related Complaints through the Contact Channels described in the Contact and Complaints Policy.
9.2 Accessibility-related Complaints will be treated as a priority category, particularly where they materially affect a User’s ability to access safety features, exercise legal rights, or use core communication workflows.
9.3 Hard Call will acknowledge receipt of Accessibility Issues or Complaints and will investigate them in a timely and proportionate manner, taking into account the severity and impact of the issue, operational constraints, and legal obligations under ADA and other Applicable Laws.
9.4 Hard Call will communicate the core outcome of accessibility-related Complaints to the complainant, subject to privacy and security constraints, and may provide information on remediation plans, alternative access measures, or Reasonable Accommodations where appropriate.
10. TESTING, AUDITS, AND CONTINUOUS IMPROVEMENT
10.1 Hard Call will periodically review and test the accessibility of key user interfaces and workflows using a combination of automated tools, manual checks, and, where feasible, user feedback from individuals who rely on Assistive Technologies.
10.2 Hard Call may conduct internal or external accessibility audits focused on critical functionality, such as account access, message submission, reply review, safety interventions, and contact channels, and will use the results to inform remediation and roadmap planning.
10.3 Accessibility considerations will be included in regression testing processes to reduce the risk that updates or new features unintentionally introduce Accessibility Issues or regressions.
10.4 Hard Call will maintain internal records of significant accessibility tests, audit results, and remediation efforts as part of its broader governance, risk, and compliance documentation, which may be subject to Legal Holds and regulatory review where applicable.
11. TRAINING AND AWARENESS
11.1 Hard Call will provide relevant training or guidance on accessibility topics to personnel whose roles materially affect the accessibility of the Services, including product managers, designers, developers, QA staff, and customer support teams.
11.2 Training will, as appropriate, cover: (a) the importance of accessibility to Hard Call’s mission; (b) key accessibility principles and WCAG concepts; (c) best practices for designing and coding accessible interfaces; and (d) appropriate handling of accessibility-related Complaints and accommodation requests.
11.3 Hard Call will periodically update training content to reflect evolving accessibility standards, regulatory expectations, and lessons learned from internal testing and user feedback.
11.4 Failure by personnel to follow accessibility-related procedures or to reasonably consider accessibility in their work may result in coaching or other corrective action, consistent with employment and contractor agreements.
12. PRIVACY, SECURITY, AND ACCESSIBILITY
12.1 Hard Call strives to balance accessibility with privacy and security obligations, including those under GDPR, CCPA/CPRA, ECPA, and state data protection laws. Accessibility accommodations and features will be implemented in ways that do not unnecessarily expose sensitive data or weaken security controls.
12.2 Requests for Reasonable Accommodations may involve sensitive health or disability-related information. Hard Call will limit collection of such information to what is strictly necessary, will treat it as sensitive Personal Data, and will apply appropriate technical and organizational measures to protect it, as described in the Privacy Policy and Data Retention and Deletion Policy.
12.3 Accessibility features such as larger text, high-contrast modes, or alternative input methods will be implemented in a manner that maintains the confidentiality, integrity, and availability of the Services, consistent with Hard Call’s security controls and PCI DSS-related obligations where payment data is involved.
12.4 Where there is tension between accessibility accommodations and security requirements (for example, multi-factor authentication), Hard Call will work with affected Users to identify compliant solutions that reasonably address both accessibility and security concerns.
13. NON-DISCRIMINATION AND NON-RETALIATION
13.1 Hard Call will not discriminate against individuals on the basis of disability in the provision of the Services, in violation of ADA, Section 504, or analogous disability rights laws.
13.2 Hard Call will not retaliate against Users or individuals who raise Accessibility Issues, request accommodations, or file complaints in good faith, whether internally or with regulators or advocacy organizations.
13.3 Harassment or retaliation by other Users against individuals with disabilities, including for requesting accommodations or raising accessibility concerns, is prohibited by the Acceptable Use Policy and may result in enforcement actions, including account suspension or termination.
13.4 Hard Call reserves the right to take appropriate action, consistent with the Terms and Applicable Law, against persons who submit accessibility-related complaints or accommodation requests in bad faith for abusive purposes, while carefully distinguishing such cases from legitimate, good-faith requests.
14. THIRD-PARTY SERVICES, CONTENT, AND INTEGRATIONS
14.1 The Services may integrate or interoperate with third-party tools, content, or services, including payment providers, analytics platforms, communication tools, or professional referral systems. Hard Call does not control the accessibility of third-party properties but seeks, where feasible, to select solutions that align with accessibility goals.
14.2 Where a third-party integration presents significant Accessibility Issues that impede critical functions, Hard Call will evaluate options including: (a) working with the vendor to improve accessibility; (b) implementing alternative workflows or bypass options; or (c) replacing the provider, subject to technical and contractual constraints.
14.3 Hard Call will clearly identify when Users are being redirected to or interacting with third-party sites or tools that are governed by their own accessibility and privacy policies, and Users are encouraged to review those policies separately.
14.4 Hard Call’s responsibilities for Accessibility Issues arising from third-party content are limited as permitted by Section 230, DSA, and analogous safe harbor frameworks, but Hard Call will nevertheless consider accessibility impacts when selecting and configuring third-party components.
15. INDEMNIFICATION, LIMITATION OF LIABILITY, AND NO WARRANTY
15.1 To the fullest extent permitted by law, your indemnification obligations for claims arising from your use of the Services, including those involving alleged accessibility barriers attributable to your own configurations, content, or integrations, are governed by the indemnification provisions of the Terms, which are incorporated by reference into this Policy.
15.2 Hard Call’s liability for accessibility-related claims, including claims alleging non-compliance with ADA, WCAG, or other accessibility frameworks, is governed by the limitation of liability and warranty disclaimer provisions in the Terms. Nothing in this Policy expands Hard Call’s liability beyond those provisions.
15.3 While Hard Call endeavors to align with WCAG and accessibility best practices, Hard Call does not warrant that the Services will be fully accessible or compliant with every possible accessibility standard, Assistive Technology, or jurisdictional requirement. This Policy reflects a commitment to good-faith efforts, not an absolute guarantee of error-free accessibility.
15.4 Nothing in this Policy is intended to waive mandatory rights or remedies available to individuals under non-waivable disability rights laws, but rather to clarify the contractual allocation of risk and commitments between Hard Call and its Users.
16. GOVERNING LAW, DISPUTE RESOLUTION, AND SURVIVAL
16.1 This Policy is governed by the same governing law specified in the Terms, typically the laws of the Commonwealth of Massachusetts and the United States, without regard to conflict of law rules, except where non-waivable local law requires otherwise (for example, EU consumer protection rules).
16.2 Any disputes arising out of or relating to this Policy, including accessibility-related disputes, shall be resolved in accordance with the dispute resolution, arbitration, and class action waiver provisions set forth in the Terms, to the fullest extent permitted by law.
16.3 Sections of this Policy that by their nature should survive termination of the Services or closure of an account, including those relating to Reasonable Accommodations, documentation of Accessibility Issues, limitation of liability, and non-retaliation, shall survive for as long as necessary to fulfill their purpose and comply with Applicable Law.
17. CHANGES TO THIS ACCESSIBILITY AND ADA COMPLIANCE POLICY
17.1 Hard Call may update this Policy from time to time to reflect changes in legal requirements, accessibility standards (including new versions of WCAG), technical capabilities, or Hard Call’s Services. When material changes are made, Hard Call will provide appropriate notice, such as updating the "Last Updated" date, posting an in-Service notice, or sending email notifications to affected Users, where feasible.
17.2 Unless otherwise stated, changes to this Policy take effect when posted. Continued use of the Services after the effective date of an updated Policy constitutes acknowledgment of the changes, to the extent permitted by law. If you do not agree with the updated Policy, you shall stop using the Services and may exercise any rights available under Applicable Law.
17.3 Where specific frameworks such as ADA, GDPR, CCPA/CPRA, or DSA impose additional requirements for changes to accessibility-related processes or disclosures, Hard Call will comply with those requirements in addition to the update mechanisms described in this Section.
17.4 Historical versions of this Policy or a summary of material changes may be maintained by Hard Call as part of its governance and compliance records and may be provided to regulators or other stakeholders under appropriate confidentiality protections.
18. CONTACT INFORMATION FOR ACCESSIBILITY AND ACCOMMODATIONS
18.1 If you have questions or concerns about this Policy, wish to report an Accessibility Issue, or request a Reasonable Accommodation, you may contact us at: HARD CALL LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890, Attn: Accessibility and ADA Compliance, and INFO@HARDCALL.COM.
18.2 Individuals in jurisdictions covered by GDPR or UK GDPR may also have the right to lodge complaints with their local data protection authorities where accessibility concerns intersect with data protection or privacy issues. Individuals in the United States may have additional rights to file complaints with the U.S. Department of Justice, the Equal Employment Opportunity Commission (for employment-related issues), or state civil rights agencies, as applicable.
18.3 Hard Call will review and respond to accessibility-related inquiries and accommodation requests in good faith and in accordance with this Policy and Applicable Law, prioritizing safety, privacy, and equitable access to the Services.