Terms of Use
Welcome to Scopic Inc’s Terms of Use (“Terms”). These Terms are entered into by and between users (“you”) and Scopic Inc. (“Scopic”, “our”, “we”, “us”, or the “Company”).
These Terms govern your access to and use of:
i. our website https://scopicsoftware.com/;
ii. any functionality, products and services offered through this Website; and
iii. any other digital properties that we own or control (collectively “Scopic Services”).
These Terms do not apply to the Codeaid or ZoomRadar platforms, and related modules and applications.
Please read these Terms of Use carefully before you start to use Scopic Services.
By accessing or using Scopic Services you accept and agree to be bound by these Terms, and our Privacy Policy, as incorporated herein by reference, and any additional terms and conditions applicable to parts or features of Scopic Services.
If you do not agree to these Terms, the Privacy Policy, you must not access Scopic Services.
Scopic Services are not intended for people under 18 years of age. By using Scopic Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use Scopic Services.
1. Accessing Services
We reserve the right to withdraw or amend Scopic Services and any material we make available through Scopic Services, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of Scopic Services is unavailable at any time. We may restrict access to all, or some parts of the services offered.
You may be asked to provide certain information to contact us. It is a condition of your use of Scopic Services that all the information you provide is correct, current, and complete. You agree that all information you provide to contact us, or information governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Users are required to ensure that anyone who accesses Scopic Services through a user’s internet connection is aware of these Terms and guarantees compliance therewith. Users are responsible for any security breaches or performance issues relating to their access to Scopic Services.
2. Intellectual Property Rights
Scopic Services and the entire content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) made available through Scopic Services (“Content”) are owned by Scopic, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
No right, title, or interest in or to, Scopic Services, or any Content is transferred to you, and all rights not expressly granted are reserved by Scopic Inc, its licensors or other providers, as applicable.
These Terms permit you to use Scopic Services and Content for your personal, non-commercial use only. You must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as follows:
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- Your computer may temporarily store copies of such materials in RAM, as incidental to your accessing and viewing of those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features, but no more than is required by law.
However, and specifically, You must not:
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- modify copies of any Content;
- use any computerized technologies (robots, spiders or other automated devices) or manual processes to access, monitor, or collect data from the website or the Content, or to circumvent any security or access control measures on the website or the Content and/or
- delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.
- Modification or use of the Content, except as expressly provided herein, is a violation of Scopic, its licensors or other providers’ intellectual property rights, as applicable.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Scopic Services in breach of these Terms, your right to use the Scopic Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of Scopic Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright and trademark laws, and other applicable laws.
3. Trademark
Scopic, the Scopic logo, and all trademarks and service marks listed on the Scopic Services, are trademarks and service marks of Scopic Inc. (collectively, the “Marks”). You are not granted any right to use the Marks (including, without limitation, the layout of any Website), and all such items remain the exclusive property of Scopic Inc. For any unregistered Marks owned by Scopic, all rights are reserved.
4. Prohibited Use of Services
(a) No Illegal, Harmful, or Offensive Use
You may not use, encourage, promote, facilitate or instruct others to use Scopic Services for any illegal, harmful or offensive use.
(b) No Security Violations
You may not use Scopic Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, but are not limited to:
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- Unauthorized Access: Accessing or using any System without permission Including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception: Monitoring of data or traffic on a System without permission.
- Falsification of Origin: Forging TCPIP packet headers, email headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
(c) No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include but are not limited to:
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- Unauthorized Access: Accessing or using any System without permission Including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception: Monitoring of data or traffic on a System without permission.
- Falsification of Origin: Forging TCPIP packet headers, email headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
(d) No Spam
You will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations, like “spam”. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another Internet service provider if those messages violate these Terms.
All profiled Scopic customers with a portfolio on Scopic Services must have provided you with provable consent, online or otherwise, to receive email communication, including consent for the specific content being sent. You must abide by the following rules:
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- Email lists obtained without consent are forbidden.
- All email and recipient lists must adhere to the CAN-SPAM laws and to any local spam laws for your location or recipient lists.
- Emails must abide by the rules outlined in these Terms.
- All third party unsubscribe methods are forbidden.
5. Integrations
You must adhere to these Terms and those of the third-party systems being integrated, including open-source software and AI. We may use third-party service providers to monitor and analyze your use of Scopic Services. If you are found to be violating our, or an integrated third-party system’s Terms, your access to Scopic Services will become subject to suspension or deletion.
6. Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to these Terms, or a breach thereof, shall be settled by arbitration administered by the American Arbitration Association (or its International Centre for Dispute Resolution if a part to arbitration is a US non-resident) in accordance with its Commercial Arbitration Rules (or respectively, International Arbitration Rules), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The number of arbitrators shall be one for claims with damages and/or loss sought not exceeding USD 200,000. For claims with a relief sought equivalent to USD 200,000 and more, the number of arbitrators shall be three.
The arbitration shall be conducted remotely, online. If remote, online arbitration is not possible, then the place of arbitration shall be Boston, MA, USA. The language to be used in the arbitral proceedings is to be English.
These Terms shall be construed in accordance with, and governed by, the substantive law of the Commonwealth of Massachusetts in the United States.
Each party shall bear its own costs, irrespective of the outcome of the dispute, however the prevailing party is entitled to recovery of the enforcement fees associated with the enforcement of the court decision/arbitration award, if such enforcement is required. The decision issued by the American Arbitration Association in accordance with its Arbitration Rules shall be full, final, and binding on both parties, and the parties hereby revoke any right to appeal such a decision. The parties acknowledge that the resulting arbitral award contemplates the resolution of all claims between the parties, and no further claims shall be brought thereafter.
THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. ANY ATTEMPT TO INVOLVE OTHER PARTIES, WHETHER SIMILARLY SITUATED OR NOT, IN ANY ARBITRATION UNDER THIS AGREEMENT IS A VIOLATION OF THIS AGREEMENT AND IS NOT PERMITTED.
User and Scopic hereby irrevocably agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Service or Agreement, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration or mediation hereunder without the prior written consent of all parties.
7. No warranty
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, SCOPIC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SCOPIC DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCOPIC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
SCOPIC DOES NOT WARRANT THAT SCOPIC SERVICES ARE ERROR-FREE, FREE OF VIRUSES, AVAILABLE AT ALL TIMES/LOCATIONS, AND WITHOUT INTERRUPTION AND THAT ANY OPERATIONAL DEFECT WILL BE CORRECTED. SUBSEQUENTLY, SCOPIC IS NOT LIABLE SHOULD ANY OF THE AFOREMENTIONED OCCUR.
However, we use commercially reasonable efforts to prevent the introduction of malware or similar harmful materials into Scopic Services.
8. Indemnity
By accepting these Terms, you agree to protect, defend, indemnify and hold Scopic harmless from and against all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Scopic directly or indirectly arising from your usage of Scopic Services.
9. Limitation of Liability
In no event shall Scopic be liable to you or any third party for any loss of use, revenue or profit, or for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including damages that may result from (1) your breach of these Terms; (2) your violation of any law or the rights of a third party.
10. Changes to these Terms of Use
We may revise these Terms of Use at our sole discretion. All changes are effective immediately when we post them. Please check this page regularly to ensure that you are familiar with the current version of the Terms. By your continued use of the Scopic Services after publication of revised Terms of Use, you accept and agree to the terms and conditions in the revised Terms of Use. These Terms were amended on October 02, 2024.
11. Reporting of Violations of these Terms
If you become aware of any violation of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of these Terms, please contact our Legal Department: legal@scopicsoftware.com.
