Terms of Service

Definitions

These Terms of Service ("Terms") refer to the legal obligations and boundaries set by the contents of this document and any amendments mutually agreed upon.

The "Service Provider" (also "we", "us", and "our") refers to Dominik Honnef, a sole proprietor.

The "Product" (also "Package") is the subscription to and benefits provided by the Commercial Package offered by the Service Provider.

The "Customer" (also "you", "your", and "visitor") is you, the subscriber to a Product and/or organization that you are subscribing on behalf of (such as an employer , employees, and business or project partners with whom you are associated that will be involved with your use of the Product).

"Support" is defined as help from the Service Provider which is given privately to the Customer or for the Customer's exclusive benefit.

The "Project" or "Software" refers mainly to the go-tools collection of software, including but not limited to staticcheck and gosimple, especially its open-source development, including community contributions, work done on it by the Service Provider, related core infrastructure, and any resulting code that falls under its license, or any other computer instructions (compiled or uncompiled) offered by the Service Provider.

The "Site" or "Sites" refers to the Project's website(s) and/or domain name(s), including staticcheck.io and its subdomains, as well as the content on these Sites. "User" refers to any person, organization, or other entity using the Project or operating software (directly or indirectly) to access the Site.

By accessing the Site, contacting the Service Provider, or subscribing to the Commercial Package, the Customer is agreeing to the following terms and conditions ("Terms of Service"). The Service Provider reserves the right to update and change the Terms of Service at its discretion and without notice. The Service Provider will post updated Terms to the Site.

These Terms govern your access to the Sites and use of the Sites and Software from the Service Provider. In the event that you access the Site, your access to the Site and the Software are subject to these Terms.

By accessing the Site or using the Software, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not under any circumstances access our Sites or use our Software. If you are under the age of 18, you may use the Site and Software only under supervision and approval of a parent or legal guardian who agrees to be bound by these Terms.

1 Relationship and Rights

The Service Provider is not a contracted worker for the Customer, and the Product is not a work-for-hire. This agreement is nonexclusive of other agreements, that is, it does not preclude the Service Provider or the Customer from entering into other agreements. Service Provider exclusively retains all intellectual property rights and ownership of the Project. The Customer retains all rights and ownership of their property; this agreement does not facilitate an exchange of rights or ownership.

The Sites and their contents (text, images, videos, and software) are protected by German and international copyright laws. Any content that is not the express property of the Service Provider is used by permission of the copyright holder.

Any and all electronic and programmed computer instructions used to provide a service to the Customer for good and valuable consideration are the property of the Service Provider and protected by German and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, replay, or performance of the content of the Site, unless otherwise granted, is strictly prohibited.

Hyperlinks to other websites that exist on the Site may or may not be affiliated with, under the control of, or otherwise influenced by the Service Provider. The Service Provider does not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there. You agree that the Service Provider will not be liable to you in any way for your use of such services.

2 Products and Services

2.1 Commercial Package

While the subscription to the Package is active, the Service Provider agrees to: provide Support according to the terms set forth herein; prioritize bug reports from the Customer; give priority, extended consideration to feature requests by the Customer; and continue development on the Project. Any additional services are detailed in this product’s description. The Customer agrees to pay the Service Provider the price of the Package as indicated on the Site in full and on the regular interval as long as the subscription to the Package is active according to the section on payments in these Terms. Customer acknowledges that the Package has a recurring, not one-time, bill.

2.1.1 Private Support

Service Provider agrees to provide private Support to the Customer as needed and according to the Service Provider's availability. Examples of activities by the Service Provider that could be counted as providing Support include, but are not limited to: (i) interacting with the Customer to assist with their installation, deployment, or maintenance of their instance(s) of the Project, (ii) answering the Customer's question(s) in a private venue, and (iii) research or investigation into the Customer's use case or situation. While the Service Provider will make every reasonable effort to help answer the Customer's questions, the Customer is aware that solutions might not always be immediately available or technically possible.

2.1.2 Priority Bug Fixes

The Service Provider agrees to address new bug reports from the Customer before addressing new bug reports from the open source community. Issues are prioritized by the Service Provider according to a number of criteria; this Product grants the Customer guaranteed elevated priority in the Service Provider's handling of issues reported by the Customer subject to: technical feasibility and practicality, and Service Provider's availability and resources. Bug reports from the Customer may be either private or public, according to the Customer's preference. Bugs reported privately by the Customer may be fixed with public changes.

For each bug report ("Issue") submitted by the Customer, the Service Provider agrees to apply its best technical knowledge and make genuine, reasonable efforts to resolve the Issue reported by the Customer. If the best fix for a bug rests with one of the Project's dependencies, the Service Provider will make a good faith effort to advocate the fix or suggest a workaround, but it is not obligated to make changes to anything outside its own Software. The Service Provider is not responsible for an Issue if the Customer does not provide the Service Provider with information deemed relevant by the Service Provider in diagnosing, replicating, understanding, and debugging the Issue. The Service Provider reserves the right to continue or finish other work at its discretion before resolving an Issue according to technical or practical requirements or the Service Provider's best judgment of the situation.

2.1.3 Priority Feature Consideration

Customer is entitled to request that new features, enhancements, or other changes be implemented into the Project, and the Service Provider agrees to give diligent consideration to Customer's requests as immediately as possible. The Service Provider will give Customer's feature requests added weight over requests from the open source community when planning future work on the Project and discuss them as necessary. However, these Terms do not give the Customer controlling influence over the Project; the Service Provider maintains autonomy over the Project and may decline to implement features requested by the Customer if they do not align with the goals of the Project and the best interests of its Users, or may defer implementation of new features until a time deemed by the Service Provider to be practical or feasible.

2.1.4 Continued Development

The Service Provider guarantees to actively continue to develop the Project and to make new releases while the Customer's subscription to the Package is active.

2.2 Termination

Either the Customer or the Service Provider may terminate a subscription to a Product at any time. Upon termination, all services, privileges, products, and amenities provided to the Customer may be immediately revoked or cancelled by the Service Provider.

3 Custom Terms

Upon purchasing a Product or mutually entering into any other agreement, Customer and Service Provider enter into the Terms set forth in this document, which are legally binding. The Terms may be amended with addendum documents ("Amended Terms") mutually agreed upon in writing between Customer and the Service Provider. If the Customer has special requirements, the Service Provider may offer Amended Terms at its discretion. Amended Terms may be negotiated before the Customer agrees to these Terms, in which case the Amended Terms will prevail and govern.

4 Warranties

4.1 Limitation of Liability

You use the Site and Software and any other property of the Service Provider at your own risk. The Service Provider is not responsible for the Customer’s use of the Project's software. Services provided by the Service Provider do not guarantee protection from any problems that might arise in using Products or Software from the Service Provider. The Service Provider is not responsible for any financial or other loss experienced by the Customer as a result of using the Project or any service or product provided by the Service Provider.

EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SOFTWARE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

You agree to defend, indemnify, and hold harmless the Service Provider, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of your violation of these Terms.

4.2 Warranty of Services and Software

Service Provider warrants that all services will be performed in a professional manner using qualified, professional personnel.

THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHEN OTHERWISE STATED IN WRITING THE MATERIALS PRODUCED UNDER THE TERMS OF THIS AGREEMENT ARE PROVIDED TO CUSTOMER "AS IS," THAT IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT RESTS SOLELY WITH THE CUSTOMER. SHOULD THE PROJECT OR SOFTWARE PROVE DEFECTIVE, CUSTOMER SOLELY ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, INCLUDING WITHOUT LIMITATION ANY DEBUGGING.

EXCEPT AS OTHERWISE STATED ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATED TO INFORMATION OR BUSINESS ADVICE PROVIDED, WARRANTIES RELATED TO OUTCOMES BASED ON INFORMATION OR ADVICE PROVIDED, WARRANTIES OF MERCHANTABILITY OR MERCANTILE QUALITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE, WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW, OR WARRANTIES OF ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTY VENDORS.

THE PARTIES AGREE THAT NEITHER PARTY’S LIABILITY FOR DAMAGES FROM ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL EXCEED THE FEES PAID OR TO BE PAID BY CLIENT PURSUANT TO AN APPLICABLE STATEMENT OF WORK UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF USE OF ANY SOFTWARE OR HARDWARE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST DATA, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PERSON, ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF ADVISED OF THIS POSSIBILITY.

5 Fees, Invoices, Payment, and Billing

5.1 Acceptable Payment Methods

The Service Provider accepts major credit cards and debit cards as valid forms of payment.

5.2 Payment Processors

The Service Provider uses third-party payment processors for billing and management of financial transactions. The processing of payments may be subject to the terms, conditions and privacy policies of the payment processors in addition to these Terms. The Service Provider is not responsible for errors by the payment processors.

5.3 Authorization and Recurring Billing

By purchasing a Product, Customer authorizes the Service Provider to charge the Customer's payment method for the price of the Product. Some Products or services are billed as a subscription, and as such, the billing is recurring. Establishment of these Products and services are contingent upon receipt of payment information and initial successful payment through a payment processor that supports recurring billing. Subsequent payments will be automatically charged to the Customer's debit or credit card at a given interval selected by the Customer. Recurring billing may be stopped only by terminating the subscription.

5.4 Chargebacks

You agree to contact the Service Provider before disputing any charge against the method of payment ("chargeback"). You acknowledge and agree that if services, Products, or support have been performed by the Service Provider, chargebacks are unlawful. Chargebacks are considered breach of contract. Chargebacks or revocations on any other form of payment provided to the Service Provider will be investigated and disputed if, in the Service Provider's reasonable opinion, the chargeback is not justified. The Customer knowingly waives the right to a refund in the event of any chargeback. In the event of a chargeback, the Service Provider may need to provide relevant information to a third party for the purposes of recovering the debt or for the pursuit of civil or criminal proceedings.

5.5 Refunds

The Customer may request a refund and, pursuant to the Terms, Service Provider agrees to grant a refund on a pro rata basis with cancellation (termination) of services or Product. Refunds are calculated with the time remaining in the Product or service from the point of cancellation. The Service Provider is not obligated to provide a refund and may decline to do so if any of the following cases apply: (i) the Terms have been breached; (ii) the Customer's account is in arrears; (iii) the Customer is involved in any financial or legal disputes with the Service Provider; or (iv) the Customer's request is made more than seven (7) business days after date of termination.

6 General Prohibitions

You agree not to do any of the following: (i) use any Site or Software text, code, images, videos (herein "Content") in violation of any applicable law or regulation; (ii) attempt to decipher, decompile, disassemble, or reverse-engineer any of the closed-source software related to the Site, Software, Content, or services offered by the Service Provider; (iii) use any Content including any personally identifiable information included within the Content, in violation of any rights of any third parties, including such rights arising under any applicable privacy policies or agreement; (iv) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Software. The Service Provider has the right to investigate and prosecute violations of any of the above. The Service Provider may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Service Provider has no obligation to monitor/log your access to or use of the Site, Software, or Content, but has the right to do so.

7 General Provisions

7.1 Severability

Each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law. The invalidity or unenforceability of any provision of these Terms shall in no way affect the validity or enforceability of any other provision hereof. Any invalid or unenforceable provision shall be deemed severed from these Terms and the balance of these Terms shall be construed and enforced as if the Terms did not contain the particular provisions(s) held to be invalid or unenforceable.

7.2 Freedom to Decline

The Service Provider reserves the right to decline doing business, favors, or services, entering into agreements, or associating in any way, with any individual, organization, or other entity for any reason, and is not required to disclose the reason.

7.3 Waiver

The waiver of a breach of these Terms or the failure of a party to exercise any right under the Terms shall in no event constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under the Terms.

7.4 Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under this Agreement, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, delays caused by the other party, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.

7.5 Governing Law

The terms shall be governed by German law.