SPARROW SAST on Cloud
Last Updated: May 25, 2018
Chapter 1. General Provisions
Article 1. Purpose
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 User¡¯s 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.
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.
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.
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.
Chapter 2. Service Use Agreement
Article 5. Conclusion of the Agreement
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 User¡¯s 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:
¨ç When User has a history of disqualification from the membership for this Service in the past; (but the Company may approve the User¡¯s application)
¨è 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.)
¨é When User enters any false information or does not fill out required information;
¨ê When any application is made in violation of rules specified, or approval is impossible due to the reasons attributable to Users;
¨ë If User alters the Service by a malicious program, a bug, or the system¡¯s weak point has been abused by unlawful means;
¨ì 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:
¨ç Using other persons¡¯ IDs or passwords;
¨è Misrepresenting itself to be an officer of the Company;
¨é Any act that appears to be related to a crime;
¨ê Infringing third party¡¯s intellectual property;
¨ë Posting any content with viruses or malicious codes;
¨ì Any other act that may violate the relevant laws and regulations;
¨í Any act to disrupt or delay normal operation of the Services.
3. No User may transfer or donate, or provide as a security to a third party, the User¡¯s 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.
8. The Service is made available to the user, user¡¯s company, and/or the user¡¯s 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:
¨ç The restriction or suspension of the service is inevitable, due to expansions, repairs, etc., of the equipment used for the Service;
¨è The key communications business operators set forth in the Telecommunications Business Act stop providing telecommunications services;
¨é Normal use of the service is challenged, due to a national emergency, blackout, user congestion, and etc.;
¨ê 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 carrier¡¯s 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 product¡¯s 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 Company¡¯s 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.
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 User¡¯s Material
1. User¡¯s 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 User¡¯s materials.
2. The Company may delete User¡¯s material if the User uses the Service in violation of Article 9 or any of the followings:
¨ç Abnormal use set forth in SPARROW SAST ON CLOUD operation policy;
¨è User¡¯s 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 User¡¯s 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 User¡¯s 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 USER¡¯S 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
Article 20. Governing Law and Jurisdiction