Read this page carefully. It includes the General Terms of Use that regulate the access, navigation and use of the “Kiuwan” service (the “Service”), placed in the url https://kiuwan.com (the “Web site”), both owned by Optimyth Software Tecnologies, S.L. (OPTIMYTH).

The access, navigation and use of the Web site, involves on its behalf the express acceptance and binding by you (User), of all terms of the present General Terms of Use (hereinafter the Terms of Use or the Terms).

Their observance and compliance will be needed for any person to gain access, navigate or use the Web site and the Service. If you do not agree with these expressed Terms, do not access, navigate or use this Web site or the Service.

  1. INTRODUCTION AND COMPANY DETAILS

Optimyth Software Tecnologies, S.L., a company with registered address in C/ Norias, 80 – 2º 28221, Majadahonda – Madrid – Spain, is the author and owner of the Service and the Web site.

To contact OPTIMYTH by a direct and effective way, you can use the email address info@kiuwan.com.

  1. OBJECT AND APPLICATION FIELD

The present Terms, regulate the access and use of the Software and Services offered by OPTIMYTH through the Web site and the Service, as well as its use by its Users.

OPTIMYTH reserves the right to modify the presentation, configuration and contents of the Service, as well as the required conditions for the access and use. The access and use of the Service, after the coming in force of its modifications and changes in the Terms, assume the acceptance of those by the Users.

Notwithstanding the above, the access to particular contents and the use of particular parts of the Service can find itself subjected to particular conditions that, according to the cases, will substitute, complete and/or modify the current Terms. In the case of contradiction, the terms of the particular conditions over this General Terms of Use will prevail.

Before using and/or contracting these parts of the Service offered by OPTIMYTH, you must carefully read the particular terms created in its case, to such effect by OPTIMYTH. The use and/or the contract of these parts of the Service, involve the acceptance of the particular terms that regulate, in the published version by OPTIMYTH in the moment that this use and/or contract is caused.

  1. ACCESS

For the access and navigation through the functionalities of the Service, it is required a previous registration through the selection by the User of identification, password and other identification details that will be saved in OPTIMYTH’S Users Registration.

The password, will be personal, untransferable, and will be created by the User or communicated to the same in the moment that it is contracted and will have a temporary unlimited validity. The Service provides the needed functionality so that the User can change the password when is considered appropriate.

The User agrees to make diligent use of the password and to maintain it in secret, to not transmit to any third party or to OPTIMYTH. Consequently, the User is responsible of the adequate custody and confidentiality of any identifiers and/or passwords that have been selected as a registered User of OPTIMYTH, and undertake to not hand over its use to others, either temporarily or permanently and to not allow access to others. It will be the User’s exclusive responsibility if the Service is used illegally by a third party that uses a password caused by a careless use or the loss by the User.

In virtue of the above, the User has the obligation to notify immediately to the administrator of the Service about any fact that allows the inappropriate use of the identifiers and/or passwords, such as theft, loss or unauthorized access, in order to proceed to the immediate cancellation. Meanwhile such fact is not disclosed, OPTIMYTH will not assume and is exempted from any liability whatsoever that results from the inappropriate use of the identifiers or passwords used by unauthorized third parties.

There is an exception to the above, when downloading, installing and using the Kiuwan local analyzer. Specific Terms of Use can be found here, or in the ‘doc’ folder under the installation directory of choice.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Web site and the Service are regulated by Spanish law.

In no case can be understood that the access and navigation of the User in the Web site or the use, purchase and/or contracting the offered Service through the Web site, involves either totally or partially, a resignation, waiver, transmission, license or assignment of rights by OPTIMYTH. The User is granted exclusively a right to use privately, exclusively for the purpose of enjoying the benefits of the Service according with these Terms.

The references to names and trademarks or registered brands, logos or other distinctive symbols, either being OPTIMYTH’S ownership or third companies have the ban over the use without OPTIMYTH’S consent or its legitimate owner. In no case, unless expressly stated, the access or use of the Web site and/or its contents and/or the Service, confers rights to the User over the trademarks, logos and/or distinctive symbols in this including the ones protected by law.

All rights are reserved to the intellectual and industrial property over the contents and/or the Service and, in particular, its forbidden to modify, copy, reproduce, communicate publicly, transform or distribute in any way the total or part of the contents and/ or services included in the Web site for public or commercial purposes without the prior express and written authorization by OPTIMYTH or in the case, the titleholder of the corresponding rights.

  1. USE OF THE SERVICE

The User agrees to use the Service in accordance with the law and the current Terms. The User forces itself to abstain from using the Service with unlawful effects or opposite from the established in this Terms of Use.

Using the Service, the User declares the approval of these Terms, agreeing to not transmit, to issue o put in disposition of third parties any type of material that by any way violates the legislation currently in force.

Any free account used for Kiuwan Code Review expressly waives any right to use the service for any commercial purpose.

We reserve the right to enforce quotas and usage limits (to any resources, including the API) at our sole discretion, with or without notice, which may result in the disabling or throttling of the user’s account for any amount of time.

In particular and by indicative and not exhaustive merely title, the User agrees to not capture details with advertising purposes, to not send any type of advertisement online, neither chain messages and to not transmit, to not spread or give to third parties through the Service provided by the Web site, information, messages, graphics, sound or image files, photographs, recordings, software and generally any class of material, data or contents that without exhaustive encouragement:

  • incur in unlawful, illegal or opposite to good faith and to public order activities.
  • in any way to violate, underestimate or attempt against the fundamental rights and public freedom recognized constitutionally or the International trades and in the rest of the legal order;
  • lead, incite or promote criminal, defamatory, slanderous or violent acts;
  • lead, incite or promote acts, attitudes or discriminated ideas on sex, race, religion, creed or age;
  • include criminal, violent or degrading messages;
  • induce or incite to involve in dangerous carry out, risk or harmful to health and mental balance;
  • to be false, ambiguous, inaccurate, exaggerated or untimely in way to induce to an error of the object or of the intentions or the communicating purpose;
  • they are protected against any intellectual or industrial property rights belonging to third parties without the user obtaining previously from the holders the authorization necessary to carry out the use;
  • violate the business secrets to third parties;
  • infringe the honor rights, to the personal and family privacy or peoples image;
  • infringe regulations about privacy communications;
  • prompt by the characteristics (as like format, extension, etc) difficulties with the normal function of the services.
  1. MANAGED SERVICES

For those authorized Kiuwan Partners that want to use Kiuwan to provide services for their customers, it is allowed following these guidelines:

  • The Partner will use different Kiuwan Accounts for every customer.
  • If the Partner is going to analyze a number of customer applications, the Kiuwan Account must be configured by at least that number of applications.

Intentionally misuse of these guidelines may result in an account deactivation.

  1. CHARACTERISTICS AND REQUIRED CONDITIONS

For a correct display and navigation through the Web site, it requires: a) A monitor with a minimum resolution of at least 1024 x 768 pixels, and b) The use of some of the next navigators: Internet Explorer, Firefox, Chrome or Safari.

Analyzing the code provided by the user, it is possible and normal that by different technical reasons, it cannot all be analyzed. Users also has to notice that metrics and indicators obtained by the Service can oscillate depending of the configuration of the rulesets applied, the version of the analyzers and rules, or other circumstances that in general are published in combination to those results.

To avoid damage to other users, Kiuwan analysis does not allow the same application more than 3 times in one day. This limit can be modified exceptionally under User request, with the prior authorization of OPTIMYTH.

If the number of issues founded when analyzing customer code exceed an important amount (i.e. 100.000), that can impact the overall Service quality, that specific analysis can be cancelled, notifying it to Users.

  1. SUPPORT AND MAINTENANCE SERVICES

The Support and Maintenance Services, provided by OPTIMYTH, include all those evolutive & corrective maintenance operations necessary for the appropriate execution of the Service.

In the case that the User detects any abnormality, problem, technical defaults, defects or failure in relation to the functionality of the Service (Incidence), OPTIMYTH commits disposure to the User of all necessary materials to proceed to the correction in the established periods in accordance to the incidence level.

The Support Service does not include the incidences or abnormalities resolution caused by an incorrect use of the Service.

The procedure to report from the User to OPTIMYTH, as well as the service provision by this to the User will be provided through the Feedback Panel provided by the Service, and by e-mail.

Schedule      

Technical support for attention and troubleshooting is provided Monday through Friday in working hours.

By correct maintenance reasons, the Service could be non operative during the time necessary for its update to a version that can resolve incidences. The unavailability time of the Service owing to maintenance processes will be conveniently notified to the Users in advance and will carry out during the timetable with less impact to these operations.

  1. COMMUNICATION LICENCE

In case the User sends any type of information to OPTIMYTH through the Web site or the Service using the channels established to that end at the Web site or the Service, the User declares, guarantees and accepts that has the right to do it freely, that such information doesn’t infringe any intellectual property rights, brands, patents, commercial secrets or any other third party rights, such information doesn’t have confidential character and that such information isn’t harmful to third parties.

The User assumes the responsibility and will keep OPTIMYTH harmless of any communication made personally or on his/her behalf. This responsibility includes with no limitation the accuracy, legality, originality and title of such information.

  1. RESPONSABILITIES AND GUARANTEES

OPTIMYTH cannot guarantee the reliability, utility or veracity of the Service or of the information that is given through the Web site.

In consequence, OPTIMYTH is not responsible of: (i) the continuity of the contents of the Servicio; (ii) the error absence in such contents or products; (iii) the absence of virus and/or the rest harmful components in the Service or in the Server that supplies it; (iv) the invulnerability of the Service and/or the impregnability of the security measures that are adopted from the same; (v) the lack of utility or performance of the contents and products of the Service; (vi) the damages that are caused, to itself or to a third person, any person that infringes the conditions, rules or instructions that OPTIMYTH establishes on the Service or through the violation of the security Systems of the Service.

This nevertheless, OPTIMYTH declares that has adopted all the necessary cautions, in the possibilities and the technology state to (i) ensure the proper functioning of the Service and (ii) avoid the existence and transmission of virus and other harm components to the users.

If the User had knowledge of existence of any illicit content that is illegal, opposite to the laws or that could suppose a violation of the intellectual and/or industrial property rights will have to notify immediately to OPTIMYTH so they can proceed to adopt the necessary matters.

  1. LINKS

11.1 Links to other Web pages

In the case of in the Web site the User could find links to other web pages through different buttons, links, banners, etc., these would be managed by third parties. OPTIMYTH doesn’t have faculty, human nor technical resources to know, control or to approve all the information, contents, products or services given by other web sites to those that can establish links from the Web site.

In consequence, OPTIMYTH does not assume any type of responsibility by any aspect relative to the web page that could establish a link from the Web site, concretely, by way of example and not limitation over the functionality, access, details, information, files, quality and reliability on the products and services, their own links and/or any of their contents in general.

In this way, if the Users had effective knowledge of the illicitly of developed activities through these web pages of third parties, they would have to communicate immediately to OPTIMYTH for the effects to proceed to disable the access link to the same.

The establishment of any type of link from the Web site to another unknown Web site will not involve any type of relation, collaboration or dependency between OPTIMYTH and the responsible of the unknown Web site.

11.2 Links in other web pages with destination to the Web site

If any User, entity or website wishes to establish any type of link with destination to the Web site will have to abide to the below stipulations:

  • The link can only be directed to the main page or home of the Web site, excepting express and written authorization from OPTIMYTH.
  • The link has to be complete and absolute, that is, it has to take the User through a click to the URL address of the Web site and has to cover completely all the screen extension of the main page of the Web site. In any case, unless OPTIMYTH authorizes this expressively or written, the Web site that carries out the link can reproduce, in any case, the Web site, include it as part of their web or inside one of their “frames” or create a “browser” over any of the pages of the Web site.
  • In the page that establishes the link cannot be declared in any case that OPTIMYTH has authorized this link, unless OPTIMYTH has done this expressively or by written. If the entity that carries out the link from their page to the Web site correctly would wish to include it in the web page of the brand, name, commercial name, label, logo, slogan or any other type of identificative elements of OPTIMYTH and/or from the Web site will have to count previously with the express and written authorization.
  • OPTIMYTH doesn’t authorize the establishment of a link to the Web site from those web pages that have material, information or illicit containing, illegal, degrading, obscene, and in general, that contravene the moral, the public order or the social rules generally accepted.
  • OPTIMYTH doesn’t have faculty or human resources and technical to know, control or approve all the information, contents, products or services facilitated by other websites that have links established with destiny to the Web site. OPTIMYTH doesn’t assume any responsability in any aspect relative to the Web site that establishes the link with destiny to the Web site, in concrete, example and not restricted over the functionality, access, details, information, files, quality and reliability of the products and services, the own links and/or any of the contents, in general.