SPARROW SAST on Cloud

Terms of Use

Last Updated: May 25, 2018

 

Chapter 1. General Provisions

Article 1. Purpose

The purpose of these Terms of Use is to describe the terms, procedures and other miscellaneous matters for use of SPARROW SAST ON CLOUD SERVICE (hereinafter Service) provided by Sparrow Co., Ltd. (hereinafter Company). If you agree to these Terms of Use, it shall constitute a binding agreement between you and the Company (Agreement). The company reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.

 

Article 2. Definitions

(1)    The terms used herein shall be accorded the following meanings:

1.       SPARROW SAST ON CLOUD SERVICE means the services made available to Users to perform source code secure coding analysis of Users file using SPARROW in the space of virtual server provided by the Company.

2.       Service means SPARROW SAST ON CLOUD SERVICE made available to Users regardless of whether the device is PC or mobile.

3.       Site means the website (sparrow.fasoo.com) operated by the Company to provide Services.

4.       User means the person who agrees to these Terms of Use and uses paid Service of secure coding analysis.

5.       Secure Coding Analysis Product means the service that is provided in addition to the charged Service.

6.       Payment means payment of fees by User through the payment system in order to use Secure Coding Analysis Product.

7.        Refund means cancellation or return of Payment when user agreement is terminated, revoked, or canceled.

(2)    Terms not defined in the Article 2 shall have the meanings assigned to them in the applicable laws, Fasoo terms of use, SPARROW SAST on Cloud payment system terms of use, or Service operation policy. Otherwise, generally accepted industry practices shall govern.

 

Article 3. Effectiveness and Amendment of the Terms of Use

1.       These Terms of Use shall be effective upon your agreeing to the terms posted on this site or notified to Users.

2.       The Company may amend these Terms of Use if the amendment does not violate applicable laws such as Regulation of Standardized Contracts Act, Act on Consumer Protection in the Electronic Commerce Transactions, Act on Promotion of Information and Communications Network Utilization and Information.

3.       When the Company amends these Terms of Use, it shall notice at least 10 days before application of the amended policy in accordance with the methods of clause 1 by specifying the date of application and reasons of the amendment. But if there is any amended provision adversary to the benefit of Users, it should be clearly notified to Users at least 30 days before application of the amended policy through electronic means such as e-mail, e-note, agreement window at the log-in screen, and etc.

4.       When User does not express any opinion of the objection explicitly by the date of application, the User is deemed to agree to the amended Terms of Use.

5.       If any User does not agree on the application of the amended provisions, the Company shall not apply such amended provisions and User may terminate the Agreement. But if there is any reason for not applying the existing Agreement, the Company may terminate the Agreement.

6.       The Company shall not be responsible for the damages caused by Users' ignorance about the amended Terms of Use if the Company took appropriate measures to modify the Terms of Use.

 

Article 4. Applicable Provisions Other Than the Terms of Use

1.       The Company may make additional operation policies to maintain Service and protect Users by notifying in accordance with Article 3 clause 1, and the Users shall read and abide by the operation policies.

2.       Interpretation of the terms that are not defined in the Terms of Use shall be interpreted in accordance with applicable laws such as Act on Consumer Protection in the Electronic Commerce Transactions, Act on Promotion of Information and Communications Network Utilization and Information, and with service policy provided by the Company.

 

Chapter 2. Service Use Agreement

Article 5. Conclusion of the Agreement

1.       Service Use Agreement shall be concluded by the Companys acceptance of the Users offer to buy Secure Coding Analysis Product after agreeing to the Terms of Use.

2.       The Company shall notify the acceptance by posting on the Service screen or sending an e-mail.

 

Article 6. Offer to Buy

1.       Those who want to be User shall fill out the required information on an application form provided by the Company.

2.       If User provides false information, he/she may be restricted to use certain Services or punished according to applicable laws.

3.       The Company shall not be responsible for problems caused by Users false information.

 

Article 7. Acceptance of Offer

1.       Company shall grant use of Service for an application made in accordance with Article 6 unless there are technical or operational obstacles.

2.       Company may suspend or reject the User application if one of the following conditions occurs:

      When User has a history of disqualification from the membership for this Service in the past; (but the Company may approve the Users application)

      When User does not use its real name or use a name of others; (Company may request verification of real name or user authentication through a third-party institution.)

      When User enters any false information or does not fill out required information;

      When any application is made in violation of rules specified, or approval is impossible due to the reasons attributable to Users;

      If User alters the Service by a malicious program, a bug, or the systems weak point has been abused by unlawful means;

      If User violates an operation policy of SPARROW SAST on Cloud, or otherwise fails to satisfy the requirements for application for use as set forth by the Company;

 

Chapter 3. Obligations of the Parties

Article 8. Obligations of the Company

1.       The Company shall make the Services available to User on the date that such User submitted an Application Form, absent special circumstances.

2.       The Company shall make efforts to provide the Services on a continuous basis, and shall repair and restore the facilities immediately if the facilities are affected by technical difficulties or are destroyed. Notwithstanding the preceding sentence, the Company may suspend its offering of the affected Services in the event of an act of God, emergency or other unavoidable obstacles.

3.       If opinions or complaints are raised by Users in accordance with the procedures prescribed by the Company, the Company shall handle such opinions or complaints through appropriate procedures if the Company recognizes such opinions or complaints as valid. If such opinions or complaints take a certain amount of time to handle, the Company shall inform Users of the reasons and the schedule for such handling.

 

Article 9. Obligations of Users

1.       No User shall do any of the acts described below, in connection with use of the Services:

      Using other persons IDs or passwords;

      Misrepresenting itself to be an officer of the Company;

      Any act that appears to be related to a crime;

      Infringing third partys intellectual property;

      Posting any content with viruses or malicious codes;

      Any other act that may violate the relevant laws and regulations;

      Any act to disrupt or delay normal operation of the Services.

2.       The Users shall not conduct any revenue generating activities using the Services, without prior consent of the Company, and the Company shall not be liable for the consequences of such activities and the Users conduct in violation of these Terms of Use. The Company's losses, if any, suffered as a result of such revenue-generating activities shall be compensated for by such Users.

3.       No User may transfer or donate, or provide as a security to a third party, the Users rights to use the Services or other rights and obligations of such User under this Agreement.

4.       User shall pay fees to use Services, and User shall be responsible for any problems arisen from default of payment.

5.       User shall report immediately any changes of User information, and Company is not responsible for the problems due to the delay of such report.

6.       User shall be liable for any problems or claims arising out of, or in relation to, intellectual property of data, information, or file provided by Users.

7.       User shall be solely responsible for the conduct and the data related to the Service. The user agrees to indemnify, defend, and hold harmless Sparrow and its suppliers from any and all loss, cost, liability, and expense arising from or related to the data, the use of the Service, or the violation of these Terms of Use.

8.       The Service is made available to the user, users company, and/or the users  customers only for personal or commercial use, which use must not infringe or violate third party rights and must be in compliance with all applicable laws, rules and regulations, including laws governing the privacy, security, and cross-border transfers of personal data (including, but not limited to, compliance with the General Data Protection (EU 2016/679) (the GDPR) applicable to the business and operations and the use of the Service. Where required, the user shall be responsible for collecting verifiable consent (as defined under the GDPR) related to any personal data collected, used, maintained, and shared with Sparrow, and otherwise have any and all rights required to provide such data to Sparrow, and ensure that any such data was properly obtained. Any unauthorized use of any Sparrow Service is a violation of these Terms of Service and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

 

Chapter 4. Use of the Service Offerings

Article 10. Service Hour

1.       The Services are provided throughout the year, 24 hours a day, unless there are technical difficulties, scheduled maintenances, or special circumstances of the Company.

2.       If the Company restricts or suspends its service, in part or in whole, it shall announce it on a service page or notify Users of the reason(s) for the restriction or suspension. However, if the restriction or suspension is caused by reasons beyond the control of the Company, the Company may make an announcement or issue a notification after the event. The Company may restrict or suspend the service, in part or in whole, if:

      The restriction or suspension of the service is inevitable, due to expansions, repairs, etc., of the equipment used for the Service;

      The key communications business operators set forth in the Telecommunications Business Act stop providing telecommunications services;

      Normal use of the service is challenged, due to a national emergency, blackout, user congestion, and etc.;

      There is a cause of force majeure, such as an act of God.

 

Article 11. Provision of Information

The Company may provide Users with a variety of information that might be beneficial to Users, through electronic mails, text messages, and by other means. Users may refuse to receive such information, but however, essential information regarding payment, policy change, service interruption, and important notices will be sent in spite of such refusal.

 

Article 12. Service Offerings

When User pays for Secure Coding Analysis Product, the Company will provide Services during the paid period. When User uses the Service through the wireless network using mobile devices or PC modem, User shall be responsible for wireless service carriers charge.

 

Chapter 5. Use of Secure Coding Analysis Product

Article 13. Types and Fees for Secure Coding Analysis Product

Types and fees for Secure Coding Analysis Product are provided on each products display pages. The Company may discontinue, add, change, or sell new or promotional products.

 

Article 14. Payment

 

1.       Payment for Secure Coding Analysis Product will be made through the payment system provided by Sparrow SAST on Cloud.

2.       Value-added tax will be added to the payment.

 

Article 15. Discontinuance and Change of Secure Coding Analysis Product

 

1.       In case of Service discontinuance due to change or abandonment of Companys business or mergers, the Company shall notify and compensate Users in accordance with Article 11.

2.       In case of Service change, the Company shall notify Users in accordance with Article 11. If the Users refuse to use the changed Services they may continue to use old Services. If the Company cannot provide old Services, the Company may terminate the Agreement and refund Service fee in accordance with Secure Coding Analysis Product refund procedure.

3.       The company reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.

 

Article 16. Withdrawal of Offer and Refund

1.       Users may request the Company of their withdrawal from the membership of Silver level product within seven days from the first use, and Gold level product within thirty days from the first use. Bronze level product will be allowed to withdraw only if no analysis activity has been performed. Service fee refund procedure will be concluded within seven days from the withdrawal of Silver level product, and within thirty days from the withdrawal of Gold level product. With regard to the refund of Silver level product, if refund is requested within 7 days from the first use, price of Bronze level product ($900) will be deducted, and if refund is requested after 7 days from the first use, in addition to the deduction of the price of bronze level product ($900), refund will be paid on a pro-rata basis for the days over 7 days. With regard to the refund of Gold level product, if refund is requested within 30 days from the first use, price of Silver level product ($1,500) will be deducted, and if refund is requested after 30 days from the first use, in addition to the deduction of the price of Silver level product ($1,500), refund will be paid on a pro-rata basis for the days over 30 days. Use of less than 24 hours will be counted as one day use. Users shall pay refund fees according to the policy of PayPal as follows:

 International sales: 3.9% of the adjusted refund price + $0.30

2.       If withdrawal is made due to the failure of analysis using the product, and the user proves it, full refund will be made without any deduction. Users can not withdraw when withdrawal period is over.

 

Article 17. Deletion of Users Material

1.       Users material stored on the Service website will be deleted after thirty days of termination or expiration of the Agreement, withdrawal of the offer, or non-payment of the fees. The Company shall not be liable for the damage caused by such deletion of Users materials.

2.       The Company may delete Users material if the User uses the Service in violation of Article 9 or any of the followings:

      Abnormal use set forth in SPARROW SAST ON CLOUD operation policy;

      Users non-payment of service fees on the payment date.

3.       The User will be responsible for the violation of this Article and liable for the damage caused to the Company.

 

Chapter 6. Compensation for Damages

Article 18. Compensation for Damages

1.       The Company will compensate User if User cannot use the Service due to the reasons attributable to the Company unless the Service resumes within 4 hours from Users notification of such non-use.

2.       The Company will compensate three times as much as average hourly fees if such non-use exceeds 4 hours from Users notification or exceeds 12 hours in a month.

3.       DISCLAIMER: THE SERVICE OFFERINGS ARE PROVIDED AS IS. COMPANY AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USERS CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, COMPANY AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE

 

Article 19. Limitation of Liability

THE COMPANY WILL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER COMPANY NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) USERS INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR USERS USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE TERMS OF USE, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY USER IN CONNECTION WITH THIS TERMS OF USE OR USERS USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF USERS CONTENT OR OTHER DATA. IN ANY CASE, COMPANYS AND AFFILIATES AND LICENSORS AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT USER ACTUALLY PAY COMPANY UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

 

Article 20. Governing Law and Jurisdiction

The laws of the Republic of Korea, without reference to conflict of law rules, govern this Terms of Use. For Users residing in Korea, any lawsuit in connection with a dispute arising from the use of the Services shall be subject to a jurisdiction of a district court of involving Users place of residence. However, if Users place of residence is outside of Korea, any lawsuit filed in connection with a dispute arising from the use of the Services shall be subject to a jurisdiction of a district court of the Company's address.