Effective date: May 3, 2016rd, 2016
Last update: May 15, 2017rd, 2016
What changed? We updated our online payment section, explained our subscription auto-renewal process and overage fees in more detail and deleted references to Content, User Submissions and Forums. We also revised the Terms generally to make them clearer.
Terms of Use
READ THESE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS”) CAREFULLY BEFORE USING WWW.SOURCECLEAR.COM (THE “WEBSITE”). UNLESS YOU ACCEPT THIS AGREEMENT INCLUDING THE PRIVACY POLICY YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. BY VISITING, BROWSING, OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. Welcome to SourceClear
WSourceClear, Inc. (“SourceClear,” “we” and “us”) provides a cloud-based, continuous security service for organizations that develop software with open source code and uses machine learning to monitor and analyze the world's open source so that SourceClear customers can ship faster (the “SourceClear Services”).
This Agreement governs your use of the Website only. It does not apply to your use of the SourceClear Services. Your use of the SourceClear Services is governed by your SourceClear Order Form and the Terms and Conditions (the “SourceClear Services Agreement”).
2. Eligibility to use the website
You may access the Website from anywhere in the world. Use of the Website is void where prohibited by law. If your use of the Website is prohibited by applicable laws, then you aren’t authorized to use the Website. We can’t and won’t be responsible for your using the Website in a way that breaks the law.
It’s free to use the Website. You must pay a fee to use the full set of functionality offered by the SourceClear Services.
You are not authorized to access or use the Website if you are under 13 years old. Individuals under 18 years old must at all times use the Website only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Website user and will be responsible for any and all use of the Website by the individual under 18.
In the course of your use of the Website, we may ask you for certain information including your name, email address, billing address and credit card information (collectively, “Account Information”). If you use the Website to sign up for an account then you must select a password, user name (“SourceClear User ID”) and Organization ID. You may alternately be able to sign in to your Website account through a third party site or service, such as GitHub. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your SourceClear User ID or Organization ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not select as your SourceClear ID or Organization ID a name that is hateful, profane or offensive in any other way, as determined by SourceClear. If you create an inappropriate ID name then we may change it to a name we deem appropriate. You may not transfer your account to anyone else without our prior written permission. You can delete your account at any time by accessing the “personal settings” tab. If you have deleted your account by mistake, contact us immediately at support@sourceclear.com – we will try to help but, unfortunately, we can’t promise that we can recover or restore anything.
You will only use the Website for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
YTo be eligible to use the Website you must comply with these Terms and all local laws regarding online conduct. You understand that SourceClear owns the Website. You won’t modify, publish, transmit, reproduce, create derivative works based on, or otherwise exploit any of the Website. The Website may allow you to copy or download certain content. Please remember that the fact that you may be able to do these things does not mean you are permitted to do them.
SourceClear reserves the right, in its sole discretion, to cancel inactive accounts. SourceClear may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Website. If SourceClear bans you from the Website, you may not return to the Website for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Website after you’ve been banned, you will be deemed to have breached this Agreement, and SourceClear reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
3. Fees and Online Payment for the SourceClear Services
Prices on the Website are quoted in U.S. dollars. SourceClear accepts credit card payments for monthly and annual subscriptions to the SourceClear Services (each, a “Monthly Subscription” or “Annual Subscription” or “Subscription”). Please visit https://www.sourceclear.com to purchase a Monthly or Annual Subscription. If you use the Website to purchase a Monthly or Annual Subscription then you agree to pay in full the price for the SourceClear Services by credit card, debit card, or by any other payment means acceptable to SourceClear as each payment, if any, is due. You agree to pay all applicable taxes, if any. If SourceClear does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
YOU AGREE TO AUTOMATIC RENEWAL TERMS: For Monthly and Annual Subscriptions to SourceClear Services, you agree that SourceClear may submit periodic monthly or annual charges without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. We explain how to cancel your Monthly or Annual Subscription below at the paragraph “Cancellation Policy for Subscription Renewals.” If you want to change your payment method please log in to your account at https://www.sourceclear.com and make the appropriate changes.
4. More Information about Subscriptions
By purchasing a Subscription, you agree to an initial and recurring Monthly or Annual Subscription fee at the then-current Subscription rate, you agree to pay any applicable overage fee each month and you accept responsibility for all recurring charges prior to cancellation.
AUTOMATICALLY PROCESSED SUBSCRIPTION RENEWAL: Once you subscribe, SourceClear will automatically process your Monthly or Annual Subscription fee without further notice to you or authorization from you. SourceClear will continue to automatically process your Monthly or Annual Subscription fee each period at the then-current Monthly or Annual Subscription rate without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly or Annual Subscription immediately below at the paragraph “Cancellation Policy for Subscription Renewals.”
Your Subscription permits you to perform a maximum number of scans each month, with a maximum number of users. If you exceed these limits in any month then you will pay an overage feefor that month. This applies to both Monthly and Annual Subscriptions. The monthly overage fees that apply to you depend on the level of use you purchase and are described on your SourceClear Order Form.
AUTOMATICALLY PROCESSED OVERAGE FEES MAY APPLY: Once you subscribe SourceClear will automatically process your monthly overage fees, if any, without further notice to you or authorization from you. SourceClear will continue to automatically process your monthly overage fees, if any, each month for your Monthly or Annual Subscription without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly or Annual Subscription immediately below at the paragraph “Cancellation Policy for Subscription Renewals.”
If you cancel your Monthly or Annual Subscription you can re-subscribe any time.
CANCELLATION POLICY FOR SUBSCRIPTION RENEWALS You may cancel your Monthly or Annual Subscription in the manner described in your SourceClear Agreement and you must provide advanced notice of termination to SourceClear on the schedule described in your SourceClear Agreement.
5. Privacy
Please review our Privacy Policy at https://sourceclear.com/privacy. The Privacy Policy is incorporated into this Agreement.
6. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SOURCECLEAR HAVE AGAINST EACH OTHER ARE RESOLVED.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to: (a) arbitrability, (b) the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or (c) the interpretation of the paragraph entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.
Any dispute arising from or relating to the subject matter of these Terms (or previous versions of these Terms) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
YOU AND SOURCECLEAR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SOURCECLEAR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SOURCECLEAR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
7. Changes to the Terms
We are constantly trying to improve our Website, so these Terms may need to change along with the Website. We reserve the right to change the Terms at any time. If we make material changes to the Terms then we will notify you here in this Agreement. SourceClear may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Website after we have modified this posting will constitute your acceptance of any changes. If you don’t agree with the new Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Website. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
8. Concerns
If you have any concerns regarding our Terms then please send a message outlining this to support@sourceclear.com and we will try to resolve your concerns.