Terms of use

Last update: May 30, 2019.

Caliper Metrics, Inc.

340 S Lemon Ave #5351
Walnut, CA 91789
United States

  1. Introduction

Caliper Metrics, Inc. (hereinafter “Caliper”, “SourceLevel” or “We”) is committed to providing the best possible services to its users (“You” or “User”), always seeking excellence and integrity on such services.

The provisions herein (“Terms of Use”, “Terms” or “Contract”) regulate the relationship between You and SourceLevel (hereinafter “Parties”) in regard to the use of the online platform that allows for the automatic code analysis and review (“SourceLevel”), as well as the use of websites, blogs, APIs and any other software or functionalities related, directly or indirectly, to SourceLevel.

SourceLevel use by the User is subject to the acceptance of all provisions contained in these Terms of Use. SourceLevel use by the User is also regulated by SourceLevel privacy policy (hereinafter “Privacy Policy”), which is available online at https://sourcelevel.io/privacy.

By using SourceLevel, you agree to all provisions in these Terms of Use and in the Privacy Policy. In case you do not agree with these Terms of Use and/or with the Privacy Policy, please do not use SourceLevel.

SourceLevel reserves the right to alter, modify, include or exclude, at any time and without any prior notice, the provisions of these Terms of Use and/or the Privacy Policy. You are responsible for analyzing both periodically to familiarize with such changes.

The use of SourceLevel after any changes to either the Terms of Use and/or the Privacy Policy will be regarded as a consent, by the User, to the new provisions of the Terms of Use and/or the Privacy Policy. In case You, at any time, cease to agree with the provisions of the Terms of Use and/or the Privacy Policy, you should cease to use SourceLevel immediately.

  1. SourceLevel’s Use

Under the terms and conditions of these Terms of Use, SourceLevel provides the User the ability to use SourceLevel functionalities. These functionalities comprise the automatic analysis and review of the User’s source code.

SourceLevel use depends on the provision, by the User, of a source code of his own authorship (“Source Code”). This Source Code will be submitted to the automatic review by SourceLevel. Such review will result in a report (“Report”), which will be available in a specific webpage to be accessed under the User’s profile page. The User must grant access to the Source Code through a specific source code hosting service administered by a third party (hereinafter “Source Code Hosting Service”) following SourceLevel’s instructions that can be found at the User’s profile page. The Source Code analysis and review will be made in an automated manner, exclusively by SourceLevel. No non-automated Source Code review and/or analysis will be performed by any member of SourceLevel’s team, nor any third party.

The User is the owner and holder of the Source Code and it is the User’s responsibility to keep the Source Code safe. SourceLevel does not claim any title or control over the Source Code belonging to any User. You are the owner of the copyrights and any other rights that you may have over the Source Code. The User, by submitting the Source Code, warrants: (i) that he is the owner and holder of the Source Code and holds all the rights that allow the User to submit such Source Code to SourceLevel to be analyzed and reviewed by SourceLevel; (ii) the Source Code does not contain any virus, malware, spyware, or any other software or language capable of harming, damaging, spying or jeopardizing in any manner SourceLevel, third parties, and/or its hardware, software, infrastructure, and/or related intellectual property.

SourceLevel will not store the Source Code in its systems. However, with the sole purpose of allowing for the Source Code analysis and review performed by SourceLevel, it may be necessary for SourceLevel to temporarily store all or part of the Source Code in its system. The User acknowledges this necessity and authorizes SourceLevel to perform such storage necessary for SourceLevel’s code analysis and review. The Source Code and the Report will be treated by Paltaformatec with confidentiality according to these Terms of Use and the Privacy Policy and access to them will be restricted to Users authorized by You. SourceLevel will only disclose the Source Code, the Report, or any other information pertaining thereto if it is forced to such disclosure by means of judicial or administrative order, or by any governmental authority, federal, state or municipal.

Exclusively in case there is any malfunction in the automated Source Code review performed by SourceLevel, SourceLevel may allow members of its team to analyze the Source Code to identify the possible malfunction in the review. Such analysis must be expressly authorized by the User upon the report of the malfunction.

SourceLevel may, at any time and at its own discretion, stop offering SourceLevel and the services related thereto, pursuant to the provisions under item 9 below. In such cases, SourceLevel will not be responsible for any refund, compensation or indemnification for the User deriving from the interruption of SourceLevel’s activities.

  1. Accounts and User Data

The User agrees to provide SourceLevel with sufficient data to allow for the use of SourceLevel (hereinafter “Data”) according to the provisions under this Term of Use.

Your access to SourceLevel will only be possible by means of Your previous subscription to a Source Code Hosting Service.

In order to access SourceLevel, You must create an SourceLevel user account (“User Account”). A User Account may be an Administrator User Account or a Basic User Account, pursuant to the following:

Administrator User Account: is a paid account whose price will be charged according to the provisions under item 8 below and will vary depending on the maximum number of code repositories allowed to submitted to SourceLevel review. A User who owns an Administrator User Account (hereinafter “Administrator User”) will be able to directly submit Source Codes to SourceLevel’s review. Additionally, the Administrator User will be able to allow other Users (with Administrator or Basic User Accounts) to join in on a network of Users (hereinafter “Organization”) who will be able to submit Source Codes to SourceLevel’s review, being such review charged to the Administrator User Account under which the Organization was created. This means that, subject to the proper authorization from the Administrator User, Users members of an Organization, under the umbrella of the Administrator User Account that created such Organization, and charged thereto, may submit Source Codes to SourceLevel’s review and have access to the Reports.

Basic User Account: is a free User Account. The User who owns a Basic User Account (hereinafter “Basic User”) will only have access to SourceLevel’s functionalities, especially the submission of Source Codes for review and/or access to the Reports, if they are members of an Organization created under an Administrator User Account, having the owner of such Administrator Account properly authorized the access to such User.

The creation of a User Account, Basic or Administrator, is subject to the submission, by the User, of a valid e-mail address, which will be verified by means of an automated e-mail requiring confirmation of receipt, by the User, through the access of a particular link to a web address sent on such e-mail. Besides the e-mail address, the User must inform a username (login) and a password (hereinafter “Login Data”). The input of the Login Data will be necessary whenever You want to access your User Account. You must keep your Login Data secret in order to ensure the safety of your Account. If You, for any reason, suspect or have the knowledge of any breach or failure in security related to your Account, You should immediately notify SourceLevel, through the means provided under these Terms of Use, and alter the Login Data. Login Data may, alternatively, be obtained directly through the Source Code Hosting Service that the User uses to access SourceLevel.

To create an Administrator User Account, the User must provide, besides the Login Data, certain personal data (hereinafter “Personal Data”), which include full and precise identification of the person who agrees to the Terms of Use and Privacy Policy, including full name, date of birth, residence and mail address, e-mail address, social security or other taxpayer identification number, and credit card data related to the credit card onto which the charges under item 8 below will be made. If the User is a legal entity, the Personal Data will include the entity’s name, taxpayer identification number, headquarters’ address and place of incorporation, and credit card data related to the credit card onto which the charges under item 8 below will be made. Also, for legal entities, the following Personal Data of its legal representatives may be required: full name, date of birth, residence and mail address, e-mail address, social security or other taxpayer identification number.

The Administrator User, or its legal representative if such User is a legal entity, must have full legal capacity, under Brazilian law and under the laws of the User’s country of residency. In no circumstance the Administrator User may be under the age of eighteen (18) years old, or not under her full legal capacities for any reason it may be.

The Administrator User must keep the Personal Data updated and, if such data is false or fraudulent, SourceLevel reserves its right to immediately interrupt such User’s access to SourceLevel and to take all due and applicable legal actions and measures to remediate any harm caused, to SourceLevel or any third party, by such false or fraudulent data.

A Basic User Account may be upgraded to an Administrator User Account as long as the Personal Data are provided pursuant to the provisions above and the Price is paid, pursuant to the provisions under item 8 below.

An Administrator User Account may be downgraded to a Basic User Account, pursuant to the provisions under item 8 below.

  1. Privacy

By accepting these Terms of Use, you agree that your Data, including the Personal Data and the Source Code, will be handled according to the provisions of these Terms of Use and the Privacy Policy.

The Privacy Policy shall be deemed to be part of these Terms of Use. Accordingly, when You use SourceLevel, You explicitly authorize the handling of the Data by SourceLevel, pursuant to the Privacy Policy.

The hosting of the Source Code will be governed by the terms of use and the privacy policy of the applicable Source Code Hosting Service.

  1. Limitations to SourceLevel’s Use

These Terms of Use solely allow for SourceLevel’s personal, non-transferable and for exclusive use by the User.

You cannot, under no circumstance, license, sublicense, sell, resell, transfer, distribute, exploit SourceLevel commercially or economically, make SourceLevel or any of its contents available to any third party; create or adapt a product using ideas, resources, functions, functionalities or graphic elements similar to SourceLevel’s.

The User hereby warrants that her use of SourceLevel will be restricted to SourceLevel’s purpose, which is the automatic review of the Source Code.

The User must not interfere with or interrupt in any manner SourceLevel’s integrity and/or performance or of any of the data contained therein, as well as not obtain any unauthorized access to SourceLevel nor any of the systems or networks related thereto.

The use of SourceLevel to any illegal, immoral or forbidden activity or goal is hereby clearly forbidden. Without limitation to any other action, legal or extrajudicial, SourceLevel reserves its right to, without any prior notice and without the any prior explanation, restrict, modify, suspend or delete your User Account, or restrict the access to SourceLevel or parts of it, if You are, or SourceLevel suspects that You are: violating any provision of these Terms of Use; using SourceLevel improperly; taking part in any illegal activity or in an activity that is presumably illegal; violating any law or copyright belonging to any third party; acting in violation of the purpose of these Terms of Use.

  1. Limitation of Liability

The activities carried out by SourceLevel may contain errors or faults that may or may not be corrected. Such errors or faults will not, under no circumstance, cause any kind of liability to SourceLevel, especially, but not limited to, losses or damages, direct or indirect.

SourceLevel will not be liable for any damage, be it direct or indirect, incidental, consequent, special, punitive, losses or any other kind of damage suffered by You or any User or any third party, including, but not limited to, losses of revenues, lost profits, loss of data, interruption of services, or any other loss, tangible or intangible, arising form, or in any manner related to, SourceLevel’s use, regardless of SourceLevel being informed of the possibility of such damages.

SourceLevel will not be liable for any delay or lack of capacity arising from unforeseeable or uncontrollable situations including, but not limited to, internet or telecommunication services’ flaws or failure, force majeure, governmental measures, hackers or other ill-intentioned third parties, war, terrorism, mutiny, embargo, intervention of civil or military authorities, fire, flood, accidents, strikes, or lack of means of transportation, fuel, energy, labor or any other input.

In case You are unsatisfied with SourceLevel, or in case it is malfunctioning in any manner, your single and only option is to interrupt SourceLevel’s use and cancel your User Account, terminating this Terms of Use. Some jurisdictions may have legislation or case law that does not allow for the exclusion or waiver of certain liabilities as to certain types of damages. If, by any legal reason, a legally binding decision renders such legislation or case law applicable and determines that any of the limitations of liability above is not applicable to You, and SourceLevel, as a result of such decision, cannot exempt itself from such liability as foreseen under these Terms of Use, SourceLevel’s liability shall be limited to the minimal allowed by the applicable law.

You agree to indemnify, defend and exempt SourceLevel from and against any claim, damages and charges for expenses, including attorneys’ fees and legal expenses, resulting or arising from of any allegation made by a third party deriving from or related to Your use of SourceLevel, or to the infringement, by the User, of any provisions contained in these Terms of Use.

  1. No warranty

Further to the limitations of liability under Item 6 above, SourceLevel is provided “as is”, and You accept to use it with all faults, whether or not immediately apparent, disclaiming all warranties whatsoever, explicit or implicitly, including, but not limited to, warranties with respect to the merchantability, originality, accuracy, completeness, fitness for a particular purpose, non-infringement and any other warranties related to negotiation, use or trade practices.

SourceLevel does not guarantee that You will be able to access or use SourceLevel at any time or locations. We also do not guarantee that SourceLevel will be available uninterruptedly, will operate error-free, that errors will be fixed or that SourceLevel is free of computer viruses or other harmful items. There is not a minimum warranty related to the service level linked to the provision of SourceLevel by SourceLevel or to the use of SourceLevel by You.

  1. Pricing

The price charged to an Administrator User for SourceLevel’s use (hereinafter “Price”) is fixed in US Dollars. The Price will be charged onto a credit card, that must be provided by such Administrator User.

The Price will vary according to the usage plan hired by the User (“Plan”). The Plan will last for 30 (thirty) consecutive days (“Term of the Plan”). After this period, the Plan will be renewed following the provisions below.

SourceLevel reserves the right to, at its sole discretion, change and/or review the Price at any time. The Administrator User shall be notified, by e-mail, at least 30 (thirty) days prior to the date the new Price enters into force. The new Price will be applied for renovations of the Plan made after such new Price has entered into force. The Price policy in force can always be found on SourceLevel’s website, at: https://sourcelevel.io.

The Price will be charged when the User creates an Administrator User Account or when a Basic User Account is upgraded to an Administrator User Account. The payment of the Price entitles the User to use SourceLevel with Administrator User features, limited to the chosen Plan, during the Term of the Plan, which starts counting form the moment of the Price payment. Upon the expiration of the Term of the Plan, the Plan will be automatically renewed and a new charge will be made automatically by SourceLevel onto the credit card registered by the User (“Automatic Renewal”).

If, during the Term of the Plan, You, or other Users authorized by You, need to submit to SourceLevel’s review a number of repositories that exceeds the maximum amount covered by the chosen Plan, You shall contract a superior Plan to enable the submission of a higher number of repositories to SourceLevel’s review. This Plan upgrade will be done through the payment of the difference between the Price of the Plan originally chosen and the Price of the upgraded Plan. The upgrade does not affect the Term of the Plan, which will continue to be counted from the date the Plan originally chosen entered into force. The upgrade will allow, throughout the Term of the Plan, the submission to SourceLevel’s review of the maximum number of repositories covered under the upgraded Plan. After the upgrade, the Automatic Renewal will be made on the upgraded Plan.

As an Administrator User, You may also chose to downgrade your Plan. Such choice must be made through Your user profile page on SourceLevel’s system, prior to one day of the expiry of the Term of the Plan. If You downgrade your Plan, the Automatic Renewal will be made on the downgraded Plan, limited to its features.

If You, an Administrator User, wish to interrupt the Automatic Renewal, You must cancel Your Plan prior to one day of the expiry of the Term of the Plan, through Your user profile page on SourceLevel’s system. If you cancel Your Plan, once such Plan expires, your User Account will be automatically downgraded to a Basic User Account and the Automatic Renewal will cease. In this case, once the Term of the Plan has expired, your access to SourceLevel will be limited to the features available to a Basic User Account, pursuant to the provisions under section 3 of these Terms of Use. If You want to regain access to the features available to an Administrator User Account, You will need to upgrade your account to an Administrator User Account and pay the applicable Price. In this case, the Automatic Renewal will be reactivated.

If, upon the Automatic Renewal, the payment of the Price is not accepted by the credit card company, or it cannot be processed due to any other reason, the Plan will be cancelled and the Administrator User Account will be automatically downgraded to a Basic User Account. In this case, the User’s access to SourceLevel will be limited to the features available to a Basic User Account, pursuant to the provisions under section 3 of these Terms of Use.

If You want to terminate these Terms of Use, You must cancel your User Account pursuant to section 9 below. If an Administrator User cancels her Administrator User Account, such cancellation does not entitle such User to any Price refund, even if SourceLevel has not been used throughout the entire Term of the Plan. Payments made by the User are non-refundable under any circumstances. There will be no Price refunds or credits for partial use of SourceLevel.

In case You make any payments to SourceLevel under these Terms of Use, you acknowledge and agree that SourceLevel may share some of your Personal Information with independent third party payment processors (“Payment Processors”) exclusively in order to enable credit check, credit card charging and billing.

SourceLevel is not liable to You or any third party for any credit card or bank-related charges and fees related to transactions done by You upon paying the Price. All such transactions are administered by Payment Processors that bear no direct or indirect relation with SourceLevel. SourceLevel bears no liability for any of such payment transactions, including cases of fraudulent use of your credit card. You agree that your sole avenue of recourse regarding problems with the payment transactions is through the respective Payment Processor and all legal actions that may be taken by You must be exclusively against such Payment Processor. If you do any payment under these Terms of Use, You acknowledge and agree that:

  • (a) any data related to credit card transactions will be treated by SourceLevel as described under these Terms of Use and our Privacy Policy and, as applicable, in the privacy policies of the respective Payment Processors.
  • (b) all credit card and other payment-related data that You provide to SourceLevel are accurate, current and complete and You are responsible for keeping these data updated;
  • (c) You are responsible for and will pay any and all federal, state and local taxes, levies, imposts, contributions, deductions, charges and other expenses of any kind, and/or penalties, if any, related to or arising from your purchase and/or the payment of the Price, including, without limitation, withholding taxes, income taxes, service taxes, value-added taxes, taxes on currency exchange transactions and/or taxes on credit card transactions. Any and all payments made by You shall be free and clear of and without deduction for any of such taxes, levies, imposts, contributions, deductions, charges or withholdings, and all liabilities with respect thereto.
  1. Term, Renewal, and Termination

These Terms of Use shall be valid as from the date on which the User agrees with its terms and conditions and shall remain in force indefinitely.

The availability of SourceLevel’s functionalities reserved to an Administrator User will depend on the monthly payment of the Price set forth under item 8 above, subject to the Automatic Renewal rules described under item 8.

You may terminate these Terms of Use at any time by canceling your User Account on SourceLevel. The cancellation of User Account shall be done through the User’s profile page on SourceLevel’s system. If the User Account is cancelled, these Terms of Use will be automatically terminated and all Data will be deleted. If You decide to switch back to SourceLevel, You will be required to create a new User Account and agree to all terms and provisions contained in these Terms of Use.

If SourceLevel, without cause, decides to interrupt the provision of SourceLevel to the User, SourceLevel shall notify the User during the term of these Terms of Use. If there is any active Plan for an Administrator User, the interruption shall be carried out after the Term of the Plan has expired. In this case, the Automatic Renewal will cease. As a result of the termination of these Terms of Use by SourceLevel, the User Account will be deleted.

SourceLevel may terminate this Terms of Use with cause immediately, without any prior notice and without the any prior explanation, if You are, or SourceLevel suspects that You are: violating any provision of these Terms of Use; using SourceLevel improperly; taking part in any illegal activity or in an activity that is presumably illegal; violating any law or copyright belonging to any third party; acting in violation of the purpose of these Terms of Use.

  1. Intellectual Property

SourceLevel is the sole owner of all SourceLevel’s content and materials related thereto, or any content made available through SourceLevel, including, but not limited to, texts, graphics, logos, trademarks or any other type of media. Except for the Source Code posted by You for SourceLevel’s review, all content related to the activities held through Elbert is owned, protected or controlled by SourceLevel or by third parties, dully licensed to SourceLevel.

The User acknowledges that all technology applied to SourceLevel, including but not limited to software, is owned by SourceLevel or by third parties, which means that SourceLevel is either the owner or is duly licensed to use such technology. The User shall observe, at all times and in all respect, the intellectual property rights, copyrights, software rights and any other immaterial rights owned by SourceLevel or owned by third parties and licensed to SourceLevel.

The User also acknowledges that the use of SourceLevel will be made in connection to technology or software associated with the Source Code Hosting Services. All the intellectual property rights, copyrights, software rights and any other rights related to the Source Code Hosting Services will be governed by the respective Source Code Hosting Service provider’s terms of use.

You will refrain from using any type of reverse engineering, piracy or any other method in an attempt to replicate SourceLevel, whether for your own use or for offering to third parties. You expressly warrant that You will not provide any services similar to those offered by SourceLevel.

You may submit comments, questions or suggestions about SourceLevel by sending an e-mail to the following address: support@sourcelevel.io. These Terms of Use do not grant You any intellectual property right related to suggestions, ideas, improvement requests, commentaries, recommendations or any other information submitted by You or by any third parties, which, upon submission, will be regarded as fully owned by SourceLevel.

  1. General Terms

If any provision of these Terms of Use is held illegal or unenforceable, in whole or in part, the remaining portions shall remain in full force and effect.

If SourceLevel does not exercise or enforce any legal right or remedy under these Terms of Use, this shall not be interpreted as a formal waiver or relinquishment of SourceLevel’s rights to assert or rely upon any such provision or right in that or any other instance.

All communications under these Terms of Use and/or notices served between the Parties shall be done through the following channels:

SourceLevel will communicate with User at the e-mail address informed by the User on the Login Data. If the User wishes to contact SourceLevel, the User shall send an e-mail to the following address: support@sourcelevel.io.