IMPORTANT! Please read these terms and conditions before using SmartDec Scanner 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 SmartDec Scanner Service (“the Service”), which is based on SmartDec Scanner 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 SmartDec Scanner software are protected by legislation and international treaties.

1. DEFINITIONS

1.1. “Company” means SmartDec International Ltd, which is a legal entity registered and operating in accordance with law of Israel and having its registered address at Israel, Rishon LeZion, David Sakharov str., 22.

1.2. “SmartDec Scanner 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. “SmartDec Scanner 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.