SonarSource SA ("SonarSource" or “we”) operates the websites (collectively, "Site") that link to these terms. The Site includes, for example, www.sonarsource.com, community.sonarsource.com, and sonarcloud.io. The Site may provide you with access to a variety of web pages, documents, software, services, images, graphics, audio, video, forums, discussion groups, blogs, and other content (collectively, "Content").
By accessing or logging into the Site, you agree to these terms. SonarSource may revise these terms at any time. Your continued use of the Site after any such revisions have been published constitutes your agreement to the revised terms. If you do not agree to these terms, do not use the Site.
Personal data collected when you access and use the Site will be processed by SonarSource in accordance with the SonarSource Privacy Notice. SonarSource’s software-as-a-service offering, SonarCloud, is covered by the SonarCloud Terms of Service rather than these terms.
1. Account
You may register for an account on the Site (an "Account") if you are over 16 years old. You must provide current, complete, and accurate information as required by the applicable account registration form. Each Account is personal in nature and may only be used by you. Any activity completed through your Account will be deemed to have been completed by you. You may choose to create an Account by authenticating via an existing account you have with a third party, in which case the third-party terms may apply to such action.
You are responsible for the security of your Account and you agree not to share your password or allow another person to access your Account. SonarSource is not liable for any loss or damage arising from your failure to keep your Account secure. You will notify SonarSource immediately if your Account information is lost, stolen, or otherwise compromised. SonarSource may suspend or deactivate your Account if necessary(such as if your Account has been compromised or you have violated these terms).
2. Posted Content
SonarSource may provide opportunities for you to post Content on the Site. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our community services. Please note that this license continues even if you stop using the Site.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
3. Your Use of the Site
The Site, including the design, layout, look and feel, and Content, is copyrighted by SonarSource and its licensors. Using the Site does not give you ownership of any intellectual property rights to the Content you access. You are prohibited from using the Site in a way that violates any laws or these terms, infringes anyone's rights (including but not limited to intellectual property rights), is offensive, or interferes with the Site or its features. For example, without SonarSource’s prior written consent, you will not use the Site or Content in a way that:
a) infringes, misappropriates, or violates any third party or SonarSource intellectual property rights;
b) trains or uses the Content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Content for training, fine-tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation);
c) is defamatory, libelous, threatening, harassing, harmful to minors, or pornographic;
d) contains hateful, abusive, obscene, or violent content;
e) attempts to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
f) uses robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape Content, data, or information from the Site, or otherwise use, access, or collect the Content, data, or information from the Site using automated means;
g) contains or distributes any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data, or information;
h) attempts to or does enable illegal file sharing; or
i) restricts or inhibits any other user from using the Site by "hacking", "cracking", "spoofing", or defacing any portions of the Site.
You may not post promotional materials relating to website or online services which compete with SonarSource or the Site, or post advertising or commercial solicitations unless explicitly agreed with SonarSource.
If SonarSource determines that you have acted illegally, in violation of these terms, or inappropriately, SonarSource may terminate your Account, remove your Content, prohibit you from using the Site, or take other appropriate action, including legal proceedings.
SonarSource has the right, but not the obligation, to monitor the use of the Site, any Content, and any activity on the Site.
5. Feedback
You may provide ideas, suggestions, proposals, or other feedback to SonarSource via the Site ("Feedback"). SonarSource may use such Feedback for any purpose, including incorporating the Feedback into or using the Feedback to develop and improve SonarSource products and other SonarSource offerings without attribution or compensation to you. You grant SonarSource a perpetual and irrevocable license to use all Feedback for any purpose. You agree to provide Feedback to SonarSource only in compliance with applicable laws. You represent that you have the authority to provide the Feedback and that Feedback will not include confidential information.
6. Links and References to services
The Site may provide links to third-party websites, products, or services, which you may access or use at your own risk subject to any applicable third-party terms. SonarSource is not responsible for and has not endorsed such third-party websites, products, or services.
7. Disclaimer of Warranties
EXCEPT AS EXPRESSLY AGREED OTHERWISE IN A SIGNED AGREEMENT BETWEEN YOU AND SONARSOURCE:
THE SITE, ANY CONTENT ON THE SITE, AND ANY SOFTWARE OR SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS" AND SONARSOURCE PROVIDES NO WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SONARSOURCE MAKES NO WARRANTIES THAT THE SITE WILL BE SECURE OR THAT ACCESS AND USE OF THE SITE WILL BE ERROR-FREE WITHOUT INTERRUPTIONS, CRASHES, OR DOWNTIME.
SonarSource may change or discontinue part or all of the Site or any Content at any time.
8. Limitation of Liability and Indemnity
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SIGNED AGREEMENT BETWEEN YOU AND SONARSOURCE:
IN NO EVENT WILL SONARSOURCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT OR BREACH OF CONTRACT OR OTHERWISE, EVEN IF SONARSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE SITE, YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, ANY CONTENT PROVIDED ON THE SITE, OR ANY SERVICES PROVIDED ON THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM LIABILITY OF SONARSOURCE IN AGGREGATE FOR ALL CLAIMS MADE AGAINST SONARSOURCE IN CONTRACT, TORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED $250.
THIS STATEMENT DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will defend and indemnify SonarSource from and against any and all damages, costs, losses, and expenses (including reasonable attorney fees) incurred as a result of any claim, suit, or proceeding brought against SonarSource in relation to your Content or as a result of any use or misuse of the Site by you.
9. Trademarks
The trademarks, logos, trade dress, and service marks displayed on the Site are the property of SonarSource or other third parties. Your use of any SonarSource trademark must be in accordance with the applicable SonarSource Trademark Use Guidelines or other applicable trademark guidelines.
10. Waiver, Severability, and Precedence
The failure of SonarSource to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is held to be unenforceable, that provision will be modified so as to be enforceable, or if such modification is not possible, will be removed and the remaining provisions will remain in full force.
Some services or Content offered via the Site may be subject to additional or separate terms. If there is a conflict between these terms and such additional or separate terms, the latter will have precedence with respect to your access and use of that service or Content. Nothing in these terms is intended to limit your rights under an open-source license.
11. Dispute Resolution
These terms are governed by and construed in accordance with Swiss law. Any dispute, controversy, or claim arising under, out of, or relating to these terms shall be submitted to arbitration in accordance with the WIPO Expedited Arbitration Rules in effect at that date. The arbitral tribunal shall consist of a sole arbitrator. The seat of arbitration shall be Geneva, Switzerland. The language to be used in any such proceedings shall be English. Notwithstanding the foregoing, any claim seeking solely preliminary, injunctive, or declaratory relief may be brought in a court of competent jurisdiction.