- Customer shall mean the individual or corporation (including its End Users) that subscribes to a paid plan available at the Website or using a trial or free version of the service.
- Customer or User Data shall mean any data, with the exception of personal data, or information related and necessary for the provision of the Services by boostsecurity.io.
- End User shall mean the individuals that are part of the Customer’s Service Plan and are allowed to access and benefit from SaaS Services.
- Intellectual Property Rights shall mean all patents, copyright, moral rights, registered designs, registered and unregistered trademarks, trade secrets, know-how and confidential information.
- Other Services means all technical and non-technical services performed or delivered by boostsecurity.io under this SaaS Agreement, including, without limitation, implementation services and any other services excluding the SaaS Services and the Support and Maintenance Services.
- SaaS Services refer to the specific boostsecurity.io’s internet-accessible service available at the Website that provides use of boostsecurity.io’s code review software hosted by boostsecurity.io and made available to User and Customer over a network on a term-use basis.
- Services shall mean SaaS Services, Support and Maintenance Services and Other Services.
- Services Plan shall mean the subscription plans made available at boostsecurity.io’s Website.
- Subscription Term shall mean the period during which Customer will have online access and use of the Software through boostsecurity.io’s SaaS Services.
- Support and Maintenance Services means the support and maintenance services provided by boostsecurity.io to Customer pursuant to this SaaS Agreement.
- Term shall mean the period agreed between the Parties to maintain a contractual relationship.
- User shall mean the individual or legal person that visits boostsecurity.io’s Website and uses any version of boostsecurity.io's software, including any free or free trial versions.
- Website refers to boostsecurity.io’s Website located at https://www.boostsecurity.io, and all content, services, and products provided by boostsecurity.io at or through the Website.
Terms & Conditions
These Service Standard Terms and Conditions written on this webpage shall manage your use of this Service. These Terms will be applied fully and affect your use of this Service. By using this Service, you agreed to accept all terms and conditions written in here. You must not use this Service if you disagree with any of these Service Standard Terms and Conditions. Minors or people below 13 years old are not allowed to use this Service.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. IF YOU DO NOT WANT TO AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE REFRAIN FROM USING THE SERVICES.
Intellectual Property Rights
Customer or User acknowledges and agrees that boostsecurity.io owns all Intellectual Property Rights in the Services including all modifications, improvements, upgrades and derivative works. boostsecurity.io acknowledges and agrees that Customer owns all Intellectual Property Rights in all materials including the Customer Code that it: (a) provides to boostsecurity.io; (b) inputs into the Services; and/or (c) uses as part of the Services (the “Customer Intellectual Property”). boostsecurity.io shall not use the Customer Intellectual Property for any purpose other than to provide the Services during the Subscription Term.
Nothing in this Agreement shall operate to transfer any Intellectual Property Rights owned by boostsecurity.io and/or the Customer prior to the date of this Agreement.
Customer shall not violate the Intellectual Property Rights of boostsecurity.io, nor assist or cause any third party to commit any such violation. boostsecurity.io warrants, undertakes and represents that the Services do not (as at commencement of the Subscription Term of this Agreement) and will not, throughout the Subscription Term, infringe and/or violate any third party’s Intellectual Property Rights. Customer’s sole remedy for violation of the Customer’s use of the Services violating any third party’s Intellectual Property Rights is provided in clause 7.2 herein.
You are specifically restricted from all of the following:
- publishing any Service material in any other media;
- selling, sublicensing and/or otherwise commercializing any Service material;
- publicly performing and/or showing any Service material;
- using this Service in any way that is or may be damaging to this Service;
- using this Service in any way that impacts user access to this Service;
- using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
- using this Service to engage in any advertising or marketing;
- modify or create derivative works based upon the SaaS Services;
- use or access the SaaS Services to provide service bureau, time-sharing or other computer hosting services to third parties;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the SaaS Services, except and only to the extent such activity is expressly permitted by applicable law;
- access the SaaS Services in order to build a similar product or competitive product;
- distribute, market or otherwise make available the Services to, or perform the foregoing for, any non-User, whether by sublicense, transfer, assignment, license, deposit or otherwise.
Certain areas of this Service are restricted from being accessed by you and boostsecurity.io Inc. may further restrict access by you to any areas of this Service, at any time, in absolute discretion. Any user ID and password you may have for this Service are confidential and you must maintain confidentiality as well.
This Service is provided “as is,” with all faults, and boostsecurity.io Inc. express no representations or warranties, of any kind related to this Service or the materials contained on this Service. Also, nothing contained on this Service shall be interpreted as advising you. Limitation of liability In no event shall boostsecurity.io Inc., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Service whether such liability is under contract. boostsecurity.io Inc., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Service.
You hereby indemnify to the fullest extent boostsecurity.io Inc. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
boostsecurity.io Inc. is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review these Terms on a regular basis.
Term and Termination
- The term of this Agreement shall begin on the subscription of any Service Plan and continues until all subscriptions hereunder have expired or have been terminated in accordance with this Agreement. The term of each Service Plan shall be specified by the Customer upon subscription. Subscriptions will automatically renew for additional periods equal to the expiring subscription term, unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant subscription term.
Either party may terminate this Agreement immediately upon a material breach by the other party that has not been cured within thirty (30) days after receipt of notice of such breach or if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Either party may terminate this Agreement with immediate effect by providing written notice to the other party, if the other party breaches any laws relating to privacy and data security.
boostsecurity.io reserves the right to suspend delivery of the Services if Customer fails to timely pay any undisputed amounts due to boostsecurity.io under this Agreement, but only after boostsecurity.io notifies Customer of such failure and such failure continues for fifteen (15) days. Suspension of the Services shall not release Customer of its payment obligations under this Agreement. Customer agrees that boostsecurity.io shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from Customer’s non-payment.
boostsecurity.io may terminate the Agreement or suspend User and Customer’s access to the Service at any time, including in the event of User or Customer’s actual or suspected unauthorised use of the Service and/or Software, non-compliance with the Agreement, or if boostsecurity.io withdraw Services (in which case boostsecurity.io shall provide User and Customer’s reasonable notice in advance of doing so).
In case of Agreement termination, User or Customer agrees that boostsecurity.io shall have no liability or responsibility to User or Customer, and boostsecurity.io will not refund any amounts that Customer has already paid, to the fullest extent permitted under applicable law.
Upon termination of this Agreement, boostsecurity.io shall immediately cease providing the Services and all usage rights granted under this Agreement shall terminate.
If boostsecurity.io terminates this Agreement due to a breach by Customer, the Customer shall immediately pay to boostsecurity.io all amounts then due under this Agreement and to become due during the remaining term of this Agreement, but for such termination. If Customer terminates this Agreement due to a breach by boostsecurity.io, then boostsecurity.io shall immediately repay to Customer all pre-paid amounts for any unperformed Services scheduled to be delivered after the termination date.
Upon termination of this Agreement and upon subsequent written request by the disclosing party, the receiving party of tangible Confidential Information shall immediately return such information or destroy such information and provide written certification of such destruction, provided that the receiving party may permit its legal counsel to retain one archival copy of such information in the event of a subsequent dispute between the parties.
boostsecurity.io Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Customer grants boostsecurity.io a non-exclusive, worldwide, royalty-free license to use, reproduce, display the Customer logos in electronic form via the Internet and third party networks for marketing and corporate communication. All such uses will be in compliance with Customer's written trademark guidelines as provided by Customer to boostsecurity.io, if applicable, upon signature of the agreement.
boostsecurity.io agrees that it will not in any way suggest or imply by the use of the Customer logos that boostsecurity.io is affiliated with, endorsed or sponsored by or created in association with Customer except as agreed by Customer. boostsecurity.io acknowledges that Customer owns all right, title and interest and to the Customer Logos. boostsecurity.io agrees not to do anything inconsistent with such ownership and all uses of the Customer Logos will inure to the benefit of Customer.
Customer shall provide boostsecurity.io with reasonable prior notice of any significant enhancements that generally affect the appearance, updating, delivery or other elements of the Customer logos, and shall make such enhancements available to boostsecurity.io upon commercially reasonable terms.
boostsecurity.io agrees to (i) comply with all legal requirements in connection with the use of the Customer logos; (ii) not to sublicense, assign, transfer, pledge, offer as security, or otherwise encumber the Customer logos or any of the rights granted in this agreement in any way other than as expressly provided in the agreement; (iii) not to use any of the Customer logos in any manner or for any purpose in violation of the terms of this agreement; (iv) not to challenge the title or any other rights of Customer or its licensors, (v) not contest the validity of the copyrights or other proprietary interests in and to the Customer logos or (vi) claim any right, title or interest in or to the Customer logos or any parts or derivatives or variations.
These Terms constitute the entire agreement between boostsecurity.io Inc. and you in relation to your use of this Service, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the province of Quebec, Canada, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Quebec, Canada for the resolution of any disputes.