IMPORTANT! Please read these terms and conditions before using APPscreener Service

 

These Terms of Use (“Agreement”) are a legally binding agreement that governs the relationships between Company and You (“User” or “You”) regarding the use of APPscreener Service (“the Service”), which is based on APPscreener software and hosted on this website.

This Agreement becomes effective once You start using the Service or (if such option is provided by the Service) You agree to the terms and conditions of the Agreement by ticking “I accept the Terms of Use” or expressing your consent in another way via the Service interface. This Agreement in electronic form is deemed as concluded in writing upon your acceptance as described above.

If the Service is accompanied by a separate agreement with Company or Partner, then it shall prevail in the event of conflict between this Agreement and such separate agreement (whether it is concluded before or after this Agreement).

This Agreement may be revised by the Company entirely or partly at any time without prior notification. Changes are effective immediately unless otherwise provided for in a new version of the Agreement. The most recent version is always available on this website.

By using the Service’s materials and functions, You confirm that You have read the Agreement, understand its terms and conditions and You hereby undertake to follow the terms and conditions of this Agreement. If You do not accept this Agreement, please do not use the Service.

Intellectual property rights to the APPscreener software are protected by legislation and international treaties.

 

1. DEFINITIONS

1.1. “Company” means Solared Cyber Security Limited, which is a legal entity registered and operating in accordance with Ireland law and having its registered address at 3rd Floor Ulysses house Foley street, Dublin 1, Ireland.

1.2. “APPscreener software” or “Software” means a program for source code static analysis for detection of information security vulnerabilities. The rights to use the Software or Software instance under this Agreement are not provided.

1.3. “APPscreener Service” or “the Service” means a software analysis service, which uses the Software hosted on the Company’s server to detect information security vulnerabilities.

1.4. “You” or “User” means any person or legal entity (organization) that has acquired access to the Service for internal use but not for reselling or making the Service available to any third party, or otherwise commercially utilizing the Service.

1.5. “Partner” means a legal entity that represents the Company’s interests in order to provide the Service to the Users. If You have received access to the Service via the Partner by concluding a separate agreement, the terms and conditions of such a separate agreement are also binding.

1.6. “Registration” means the procedure of filling out a registration form by User, login and password activation (which may include email address confirmation) for user account creation. The Registration may be required as an obligatory condition to access the Service. After Registration, the User obtains access to the User’s personal account (personal webpage on this website).

 

2. SUBJECT OF AGREEMENT

2.1. The Company hereby grants the User access to the Service, subject to the terms and conditions set forth in this Agreement.

2.2. Under this Agreement, access to the Service may be provided for a limited number of source code analyses (“scan sessions”), for a limited period of time, or both. The number of scan sessions and other conditions are specified in a separate agreement with the Company or Partner. For the purposes of this paragraph, the Service offer circumstances are fixed in the Service settings and deemed as agreed upon by the User unless proven otherwise. All the Service offer terms are available for review in the User’s personal account.

2.3. In the case of unused number of scan sessions in the available period (specified in a separate agreement or fixed in Service settings), access to the Service is deemed as consumed and the Company’s obligations under this Agreement are deemed as fulfilled. Compensation for unused scan sessions will not be paid.

2.4. The Company does not grant any rights and does not provide any services in addition to those described explicitly in this Agreement.

2.5. Fee for using the Service is paid in accordance with the conditions of a separate agreement with the Company or Partner or according to conditions and procedures described in User’s personal account upon receiving access to the Service.

 

3. Warranties and obligations

3.1. Company’s warranties and obligations:

3.1.1. The Company warrants that it has all necessary rights to the Software and its components and accompanying materials, documentation, and images, including for the Service provided by the Software.

3.2.2. The Company cannot warrant and does not warrant results You may expect from using the Service, nor that the Service performance will meet Your requirements or match the functional level of similar software or services developed and/or provided by third parties.

3.1.3. The Company provides the Service on an “as is” basis and cannot warrant and does not warrant full and uninterrupted uptime and performance of the Service, its updates, and/or new versions.

3.1.4. The Company cannot warrant and does not warrant that the Software does not carry any errors. The Company also does not warrant that the Software errors will be immediately corrected. Meanwhile, the Company will make its best commercially reasonable efforts to detect and correct errors, but this declaration is not a statement of the Company’s obligation under this Agreement.

3.1.5. The Company does not provide any warranty regarding third parties’ software used in the Software, including its satisfactory performance.

3.1.6. The Company cannot warrant and does not warrant that results of using the Service are accurate, complete, or useful.

3.1.7. Software is analyzed automatically and without human intervention. Analysis results are saved in report form, and source code is deleted from the Service and server’s memory immediately after analysis is finished (nevertheless, reports can include small fractions of analyzed source code to illustrate identified vulnerabilities). The Company does not warrant the lack of false positives as a result of performing automatic analysis technology for source code analysis, and the User is informed about that. The User agrees that analysis results will inevitably include some false positives. Meanwhile, the Company will make its best commercially reasonable efforts to detect and correct the Software bugs causing the false positives, but this declaration is not a statement of the Company’s obligation under this Agreement.

3.1.8. References to third parties’ products, software, work and services on this website are provided for information purposes only. Such references do not mean that the Company approves or recommends such products, software, work, or services unless otherwise expressly mentioned. The Company does not provide any warranties pertaining to the quality of such products, software, work, or services.

3.1.9. The Company is not able to track and does not track what software the User analyzes when using the Service. The Company is not obliged to verify User’s authority to use such software, including but not limited to reverse engineering (decompilation) of software executable files. Responsibility for such actions lies entirely with the User.

3.1.10. In case a source code for analysis is provided by a link to an online store (as described in paragraph 4.1.3), the Company does not warrant analysis if additional moves for software uploading are required (registration, fee payment, etc.).

3.1.11. The Company does not warrant report accessibility after the term for using the Service has expired.

3.1.12. The Company states that the Service is not intended for information storage.

      

3.2. Company may:

3.2.1. Block User’s access to the Service (lock of login and password) if the Company becomes aware or suspects that the User commits or intends to commit actions with the intention of disrupting this website or the Service operation, or if the User violates or intends to violate this Agreement.

3.2.2. Permanently or temporarily stop this website or the Service operation.

3.2.3. Send the User information and advertising messages by email with news about the Company’s products and services, including after the User stops using the Service.

3.2.4. Limit information content of reports in case the Service is provided to the User for test and demonstration purposes. Such limitations are fixed in the Service settings.

 

3.3. User’s warranties and obligations:

3.3.1. The User undertakes to use the Service with the Company’s permission only, solely for legitimate purposes, and in accordance with this Agreement.

3.3.2. The User undertakes not to use the Service for providing free and paid services to third parties unless otherwise provided in a separate agreement with the Company or Partner.

3.3.3. The User undertakes not to transfer or assign the rights provided to the User under this Agreement to third parties unless otherwise provided in a separate agreement with the Company or Partner.

3.3.4. The User undertakes not to create opportunities for using the Service by third parties if such third parties do not have rights to use the Service.  

3.3.5. The User undertakes not to commit itself, or give permission, or encourage third parties to:

3.3.5.1. copy elements of this website design or the Service’s design;

3.3.5.2. use the Service to analyze software without necessary permissions and credentials regarding such software;

3.3.5.3. upload for analysis software and materials banned by applicable law, including software and materials that are able to disrupt or change the Service or website operation (including malware).

3.3.6. With respect to the Software, it shall be prohibited to:

- try to access Software (hosted on the Company’s servers) and its source code by any means, unless otherwise expressly permitted by the Company;

- disassemble, decompile (convert object code into a source code), reverse engineer (including programs, databases and other Software components), unless otherwise provided by applicable law with respect to the legally obtained software instance and to such extent as allowed by applicable law;

- modify, adapt, or make changes in software object or source code.

3.4. The User undertakes to:

3.4.1. Use the Service in compliance with the terms and conditions of this Agreement and relevant license agreement for the Software (if applicable).

3.4.2. Use the Service for legitimate purposes only and with necessary permissions.

3.4.3. If the User publishes or in other way makes available to third parties the Service’s results, the User undertakes to take such actions only if it has the permission from the rightholder whose software was analyzed.

 

4. SOURCE CODE PROVISION

4.1. For the purpose of software analysis, its source code must be provided in one of the following ways:

4.1.1. Source code uploading into the Service or reference to a repository;

4.1.2. Executable file uploading into the Service;

4.1.3. Reference to a software in an online digital content store (e.g., AppStore®, Google Play™, etc.). In this case, the Service automatically downloads the software executable file from the relevant online store.

4.2. In case the executable file is uploaded for analysis, the Service decompiles it and restores source code after obfuscation.

4.3. In some cases, the software analysis is performed with automatic binary analysis without reverse engineering.

 

5. LIABILITY OF THE PARTIES

5.1. Upon violation of the terms and conditions of this Agreement, parties shall be liable pursuant to the Agreement and applicable law.

5.2. The Company is not liable for the Service operability when it depends on the User’s Internet connection, as well as whether the User has the necessary equipment or software for Internet connection.

5.3. The Company is not liable for damages, forced interruptions in business activity, data loss, third party claims or expenses, consequential or incidental damages, or loss of profit or savings caused by or arising from using the Service or the Service’s unavailability, nor for damages caused by possible Software bugs, errors, and misprints, or any problems caused by third parties’ claims regarding intellectual property rights violation.

5.4. The Company is not liable in case the analyzed software was used by the User without rightholders’ permission. The User is entirely liable to the third parties for the legitimacy of the analysis and results publication. The User shall compensate the Company for all damages caused by the User’s illegitimate actions at their own expense.

5.5. The User acknowledges and agrees that the Company is not liable for the User’s decisions or actions based on the Service results.

5.6. Upon violation of the terms and conditions of this Agreement or law, the User shall compensate the Company for all damages, including but not limited to actual damages and loss of profit (e.g., attorney fees, counsel and experts expenses).

5.7. In any case, the Company’s liability shall not exceed fees paid by the User for the Service.

5.8. Limitations of the liability under Section 5 are valid to the extent of applicable law.

 

6. INTELLECTUAL PROPERTY

6.1. The Company has all necessary rights and permissions to the Software. Third parties cannot use the Software or the Service without special permission.

6.2. Nothing in this Agreement should be interpreted as granting you the rights to use those trademarks or other IP rights.

6.3. The Company confirms that the Software comprises third parties’ intellectual property, which can be classified as open source objects (free software and/or software with open source code). The list of such intellectual property objects is always available on this website.

6.4. The Company informs you that the Service or the Software can comprise a mention of third parties’ trademarks. The list of such trademarks is always available on this website.

All mentioned trademarks are the intellectual property of their respective owners, and placed on the website and in the Software for your information only. Nothing in this Agreement can be interpreted as granting you the rights to use such trademarks or permission to take other actions regarding such trademarks.

The lack of the mention of any other trademarks in the list does not prevent the application of this paragraph to such trademarks.

7. TERMINATION OF THE AGREEMENT

7.1. Unless otherwise stated in this Agreement or in a separate agreement, this Agreement is valid for the entire period of the Service operation or until its termination.

7.2. The User can terminate this Agreement by ceasing to use of the Service.

7.3. At the Company’s discretion, in case the User violates any terms or conditions of this Agreement, the Company can terminate this Agreement and block the User’s account permanently or temporarily on condition of elimination of the violation.

 

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. This Agreement is governed and construed by Irish law.

8.2. For dispute resolution regarding Service usage, the following procedure is required:

8.2.1. If the user believes their rights and interests have been violated, the User shall send the Company a claim in written form to info@solaredsecurity.com

8.2.2. Within thirty (30) working days from the claim receipt, the Company shall (i) request additional information regarding the claim or (ii) respond to the claim. The Company sends the request or response to the User’s email or another email address as appointed by User.

8.3. The Company will not consider anonymous claims or claims with insufficient information to identify the User.

8.4. In case the dispute is not resolved, it shall be referred to the court for settlement at the location of the Company.

9. MISCELLANEOUS

9.1. Nothing contained in this Agreement shall create or be deemed to create an employment, agency, joint venture, or partnership relationship or any other relationship not mentioned in this Agreement between the User and the Company.

9.2. Should individual articles of this Agreement become invalid by court order, the validity of the remaining articles will not be affected.

9.3. You hereby voluntarily agree to provide Your personal data and/or the personal data of Your employees if needed to start using the Service. You hereby express your consent to processing of Your personal data and/or the personal data of Your employees (including but not limited to collection, recording, systematization, accumulation, storage, clarification, updating, modifying, extracting, transferring (distribution, provision, access, cross-border transfer), depersonalization, blocking, deletion, destruction, use, and other methods of processing of personal data) by the Company or the Company’s affiliates in accordance with applicable law and under condition of keeping confidentiality and providing protections pursuant to applicable law. You also warrant (i) You have received Your employees’ personal data in compliance with applicable law and (ii) the personal data provided does not violate the rights of the persons concerned. Any personal data (i) will be kept and used solely by the Company and/or the Company’s affiliates and (ii) will not be provided to third parties unless otherwise stated by applicable law. Any personal data will be processed solely with the purpose of fulfilling the Company’s obligations under this Agreement or any other agreements.

If You provide, inter alia, information about a legal entity, You confirm that You have the authority to do so. You also confirm that the provided information is complete and accurate.

 

9.4. Company's contact information

Company name: Solared Cyber Security Limited

Address: 3rd Floor Ulysses house Foley street, Dublin 1, Ireland.

Email: info@solaredsecurity.com

 

Revision date: July 17, 2017

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