Legal Disclaimers — Protecting Your VPAT and Organization

In this tutorial, you will learn about Legal Disclaimers. We cover key concepts, practical examples, and best practices to help you master this topic.

VPAT legal disclaimers limit liability by stating the report is based on current testing, does not guarantee Accessibility for every user, is not a legally binding document, and should be reviewed by legal counsel before distribution.

What You'll Learn

You will learn the purpose of legal disclaimers in VPATs, what disclaimers to include, how to phrase them, and why they are essential for protecting your organization.

Why It Matters

A VPAT is a representation of your product's accessibility, often relied upon in procurement decisions. Without proper disclaimers, your organization could face legal exposure if the VPAT is misunderstood or misinterpreted.

Real-World Use

DodaTech's VPAT includes three disclaimers: a testing disclaimer, a non-guarantee disclaimer, and a legal review disclaimer. These are reviewed by legal counsel before each VPAT publication.

flowchart TD
  A[Legal Disclaimers] --> B[Testing Disclaimer]
  A --> C[Non-Guarantee Disclaimer]
  A --> D[Scope Disclaimer]
  A --> E[Legal Review Disclaimer]
  B --> F[Based on defined sample]
  B --> G[Results valid at date of testing]
  C --> H[No guarantee of universal access]
  C --> I[User experience may vary]
  D --> J[Only covers evaluated pages]
  E --> K[Not a legally binding document]

Testing Disclaimer

State that the VPAT is based on testing conducted on a specific date, using defined methods, on a representative sample of pages. Results may not reflect the entire product.

Non-Guarantee Disclaimer

Clearly state that passing VPAT criteria does not guarantee every user will have an accessible experience. User experience varies based on assistive technology, browser, and individual needs.

Scope Disclaimer

Document the scope of evaluation: which versions, platforms, and interfaces were tested. Any features excluded from testing should be listed.

const legalDisclaimer = {
  type: 'Product VPAT 2.4',
  productName: 'Durga Antivirus Pro',
  version: '5.2.0',
  date: '2026-06-28',

  disclaimers: [
    {
      title: 'Testing Disclaimer',
      text: 'This VPAT is based on evaluation of a representative sample of pages and features as of the date listed above. Testing does not cover every possible user interaction, configuration, or environment.',
      scope: ['Dashboard', 'Scan results', 'Settings', 'Account management']
    },
    {
      title: 'Non-Guarantee Disclaimer',
      text: 'Conformance ratings reflect testing results under specific conditions. Individual user experiences may vary based on assistive technology, browser choice, operating system, and personal accessibility needs.',
      appliesTo: ['All criteria']
    },
    {
      title: 'Scope Disclaimer',
      text: 'This VPAT covers the web application version 5.2.0 on Chrome 125, Firefox 126, and Safari 17. Mobile applications, desktop clients, and API interfaces are excluded from this report.',
      exclusions: ['iOS app', 'Android app', 'Desktop client', 'REST API']
    }
  ],

  renderHTML() {
    return this.disclaimers.map(d =>
      `<div class="disclaimer">
        <h4>${d.title}</h4>
        <p>${d.text}</p>
      </div>`
    ).join('\n');
  }
};

console.log(legalDisclaimer.renderHTML());

Expected output:

<div class="disclaimer">
  <h4>Testing Disclaimer</h4>
  <p>This VPAT is based on evaluation of a representative sample of pages and features as of the date listed above. Testing does not cover every possible user interaction, configuration, or environment.</p>
</div>
<div class="disclaimer">
  <h4>Non-Guarantee Disclaimer</h4>
  <p>Conformance ratings reflect testing results under specific conditions. Individual user experiences may vary based on assistive technology, browser choice, operating system, and personal accessibility needs.</p>
</div>
<div class="disclaimer">
  <h4>Scope Disclaimer</h4>
  <p>This VPAT covers the web application version 5.2.0 on Chrome 125, Firefox 126, and Safari 17. Mobile applications, desktop clients, and API interfaces are excluded from this report.</p>
</div>

<!-- Sample disclaimer section for a VPAT -->
<section aria-labelledby="disclaimers-heading">
  <h2 id="disclaimers-heading">Legal Disclaimers</h2>

  <article aria-labelledby="testing-disc">
    <h3 id="testing-disc">Testing Disclaimer</h3>
    <p>This VPAT is based on evaluation of a representative sample of pages and features as of the date listed above. Testing does not cover every possible user interaction, configuration, or environment.</p>
  </article>

  <article aria-labelledby="guarantee-disc">
    <h3 id="guarantee-disc">Non-Guarantee Disclaimer</h3>
    <p>Conformance ratings reflect testing results under specific conditions. Individual user experiences may vary based on assistive technology, browser choice, operating system, and personal accessibility needs.</p>
  </article>

  <article aria-labelledby="scope-disc">
    <h3 id="scope-disc">Scope Disclaimer</h3>
    <p>This VPAT covers the web application version 5.2.0 on Chrome 125, Firefox 126, and Safari 17. Mobile applications, desktop clients, and API interfaces are excluded from this report.</p>
  </article>

  <p><strong>Important:</strong> This VPAT is not a legally binding document. It is a voluntary representation of conformance. Consult legal counsel before distributing.</p>
</section>

Common Mistakes

1. Omitting Disclaimers Entirely

A VPAT without disclaimers exposes your organization to misinterpretation and potential legal claims.

2. Using Generic Disclaimer Text

Disclaimers should be specific to your product, testing scope, and methodology. Generic text copied from templates may not be accurate.

3. Not Updating Disclaimers with New Versions

When the product version changes, the scope disclaimer must be updated. An outdated scope misleads buyers.

4. Guaranteeing Full Accessibility

Never guarantee that every user will have an accessible experience. No VPAT can promise this.

5. Placing Disclaimers in Small Print

Disclaimers should be clearly visible, not hidden in footnotes or small text.

6. Excluding Critical Features from Scope

If a disclaimer excludes a core feature, the VPAT may be considered incomplete. Be transparent about exclusions.

7. Not Having Legal Counsel Review

Disclaimers have legal implications. Always have them reviewed by a lawyer familiar with accessibility law.

Practice Questions

1. Why are legal disclaimers important in a VPAT?

They limit liability by clarifying the scope of testing, the non-guarantee of universal access, and that the document is not legally binding.

2. What should a testing disclaimer include?

The date of testing, the methods used, and that testing covered a representative sample not every page or interaction.

3. Why should you never guarantee full accessibility?

User experience varies based on assistive technology, browser, operating system, and individual needs. No VPAT can cover every combination.

4. Who should review the disclaimers before VPAT publication?

Legal counsel familiar with accessibility law and procurement requirements.

5. Challenge: Write the legal disclaimer section for a fictional product VPAT. Include all three disclaimer types.

FAQ

Mini Project

Review the current VPAT for your product or a product you know. Check whether it includes all three disclaimer types. Rewrite any missing or weak disclaimers.

What's Next

Learn about the VPAT Submission Process and how to deliver VPATs to buyers. Then explore VPAT Maintenance for keeping reports current.