Terms of Service
Last Updated: 18 January 2020
These terms and conditions of use ("Terms") govern your access to and use ofwww.saferwall.com and our malware analysis ("Service"), and any information, text,graphics, URLs, files, audio, video, photos or other materials uploaded, downloaded orappearing on the service ("Content"). Read these terms carefully, before submittingfiles, URLs, comments, queries and/or other content (the “submitted content”) to ourservice. only business owners and persons acting in the name and on behalf ofcompanies or authorities or persons doing legitimate malware research] are authorisedto use this service. these are exclusively natural or legal persons that use the service forthe execution of their commercial or official activity. this is a legal agreement betweenthe legal entity on whose behalf you are acting or you as individual (if you are alegitimate independent researcher) (in either case, “you”) and Saferwall.
1. Use of Service
You agree to use the Service and the Content solely for your internal business securitypurposes or legitimate research purposes and in accordance with these Terms, and youshall not use the Service or Content for any unlawful or malicious purposes, or in amanner prohibited by these Terms or in a manner that infringes the rights of Saferwall orany third party rights, including intellectual property or privacy rights. Similarly, and inaccordance with applicable legislation, you will refrain from illicitly or fraudulently obtaining or using Content and shall not use the Service in any way that could hinderthe antivirus industry/URL scanner industry. You understand that Content may contain malicious and extremely damaging softwareor URLs linking to such software, including but not limited to computer viruses, worms,trojan horses, ransomware, spyware, adware, scareware and other malicious programs,code, or indicators such as DNS indicators (“Malware”). You agree not use any suchMalware for malicious purposes. You represent that you have the requisite skill to safelyhandle Malware. Saferwall analyses, publishes, and shares Submitted Content from users as part ofproviding a cybersecurity community resource and is not responsible for the content orinformation which may incidentally appear in such submissions or be included inautomatically-generated reports. If you learn or reasonably suspect that any person or entity is using the Service orContent for unlawful or malicious purposes, to harm the integrity or performance of theplatform, or otherwise in violation of these Terms, you should immediately notify us atcontact@saferwall.com. Subject to the terms and conditions of these Terms, Saferwall grants to you (and youremployees and agents acting on your behalf and for the purpose below) a limited, non-exclusive, non-sub-licensable and non-transferable license to access and use theService and Content in accordance with these Terms and any other applicable documentation and solely for your internal business security or legitimate research purposes. By uploading or submitting the Submitted Content, excluding personal data for whichyou are responsible, to Saferwall, you grant Saferwall and our affiliates a non-exclusive,worldwide, royalty-free, irrevocable, fully paid up, transferable, sublicensable license touse, edit, host, store, reproduce, modify, create derivative works, communicate, publish,publicly perform, publicly display and distribute the Submitted Content, including but notlimited to, free or paid offerings such as Malware databases. You represent and warrant that: (i) you own or have all legal rights to submit the Submitted Content to the Service, (ii) the Submitted Content either does not contain any personal data or, if it does contain personal data, that you have obtained explicit consent from the individual whose personal data it contains, or have another lawful basis upon which to share the personal data, and have submitted the file to us with the box checked that states “do not share my sample with the community”, and (iii) theSubmitted Content does not contain any of your confidential or trade secret information or, if it does contain confidential or trade secret information, that you have submitted thefile to us with the box checked that states “do not share my sample with the community.” If you submit the Submitted Content to the service without checking the box that states“do not share my sample with the community,” the entirety of the Submitted Content,including but not limited to all files, URLs, comments, queries, and/or other content, will be available for download by others, subject to these Terms. Regardless of whether youselect “do not share my sample with the community,” screenshots and associated metadata data, which may incidentally reveal file contents, will still be shared with the community. You agree that you will notify Saferwall immediately upon learning, or otherwise having reason to believe, that a third party has rights to Submitted Content that you have submitted or if you believe that there are other applicable legal concerns regarding theSubmitted Content. You agree that the Malware analysis shall be conducted in Saferwall’s sole and absolute discretion.
2. Use-rights of results generated with Saferwall Service
All rights, title, and interest in and to the Service are and will remain the exclusiveproperty of Saferwall and its licensors. Nothing in these Terms should be construed asconferring by implication or otherwise any license or right under any copyright, patent,trade mark, or other intellectual property or proprietary interest of Saferwall, its licensors or any third party. We reserve the right to remove any Submitted Content without priornotice and at our sole discretion. Additionally, nothing in these Terms gives you a right to use the Saferwall trademarks,logos or domain names. Any feedback, comments, or suggestions you may provide regarding the Service isentirely voluntary, and we will be free to use such feedback, comments or suggestionsas we see fit and without any obligation to you. Any report with result and output generated with the Service (a “Report”) is the copyrighted work of Saferwall.You shall use any Report generated with the Service for your internal business security or legitimate research purposes only. You shall not be entitled to use the Report or any information there in for any other reason, including but not limited to any commercial purpose or for the benefit of any third party, including but not limited to sale, rent or subscription to a security advisory service or product or service development purposes. You are permitted to publish the whole or part of the Report, provided that you:
- - Clearly state that the Report was created by "Saferwall as Licensor” and
- - Contains a link towww.saferwall.com
Subject to any applicable data privacy laws, Saferwall and its affiliates may use anyReport (or any portion of the contents of a Report) for any purpose.
3. Specifications and scope of service
Saferwall uses proprietary technology which is designed to detect unknown and undiscovered Malware. Saferwall’s high-tech Malware analysis framework is designed to detonate a file in a sandboxed environment, monitor its behavior and based on sophisticated memory analysis —which we call Saferwall— determine malicious behavior of unknown threatsas well as extract artefacts useful to incident response and forensic analysis. Saferwall does not assure that a Report will be generated for each file in the Submitted Content orthat it will complete any analysis within any particular time frame or at all. Saferwall does not assure any uptime for the Service. Saferwall does not assure that the Reportwill be accurate or that Saferwall will detect any malicious behavior. SAFERWALLDOES NOT ASSURE THAT THE SERVICE WILL MEET ANY REQUIREMENTS ORNEEDS YOU MAY HAVE
4. Disclaimer
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED“AS IS” AND ON AN “AS AVAILABLE” BASIS. SAFERWALL DISCLAIMS ANY AND ALLWARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. Limitation of Liability
SAFERWALL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATED TOTHE UNLAWFUL USE AND/OR IMPROPER USE OR INABILITY TO USE THESERVICE. SAFERWALL SHALL NOT BE LIABLE FOR ANY INCIDENTAL ORCONSEQUENTIAL DAMAGES (e.g. SYSTEM FAILURE, CIVIL OR CRIMINAL FINESOR SANCTIONS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESSINTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA). SAFERWALL SHALL BE LIABLE WITHOUT LIMITATION FOR DAMAGES RESULTINGFROM WILLFUL MISCONDUCT, GROSS NEGLIGENCE, INJURY TO BODY, LIFE,AND HEALTH AS WELL AS ACCORDING TO THE PROVISIONS OF THE GERMANPRODUCT LIABILLITY ACT (PRODUKTHAFTUNGSGESETZ). APART FROM THAT,SAFERWALL ́S LIABILITY IS EXCLUDED FOR ORDINARY NEGLIGENCE UNLESS ITIS A MATTER OF PERSONAL PROPERTY DAMAGE OR PERSONAL INJURY TOBODY, LIFE OR HEALTH OR VIOLATION OF SIGNIFICANT CONTRACTUALOBLIGATIONS. SIGNIFICANT CONTRACTUAL OBLIGATIONS ARE DUTIES WHICHARE ESSENTIAL FOR THE ACHIEVEMENT OF THE PURPOSE OF THE CONTRACTOR WHICH MAKE POSSIBLE THE PROPER PERFORMANCE OF THE AGREEMENTAND ON WHICH THE CUSTOMER REGULARLY RELIES AND MAY RELY. IN THESECASES THE AMOUNT OF LIABILITY OF SAFERWALL SHALL BE LIMITED TO THETYPICAL FORESEEABLE DAMAGE FOR THE KIND OF BUSINESS IN QUESTION. THERE SHALL BE NO FURTHER LIABILITY OF SAFERWALL OR ITS AFFILIATESOR SUPPLIERS, ESPECIALLY NO LIABILITY WITHOUT FAULTS FOR INITIALDEFECTS. ALSO SAFERWALL SHALL NOT BE LIABLE FOR LOSS OF PROFIT ANDFINANCIAL LOSSES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT BEAPPLICABLE IF OBLIGATORY LEGAL PROVISIONS E.G. LIABILITY FORINTENTIONAL MISCONDUCT AND WANTON NEGLIGENCE ARE OPPOSED TOTHEM. THE ABOVE LIMITATIONS OF LIABILITY SHALL APPLY ALSO TO THE PERSONALLIABILITY OF THE EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES OFSAFERWALL. THE STATUTE OF LIMITATION REGARDING CLAIMS FOR DAMAGEREIMBURSEMENTS AMOUNTS TO 1 YEAR STARTING FROM THE BEGINNING OFTHE STATUTORY LIMITATION PERIOD.
6. Indemnity
You agree to release, indemnify, defend and hold Saferwall harmless and oursubsidiaries, affiliates, employees, officers, directors, stockholders, agents, developers, licensors, successors and assigns (the “Indemnified Parties”) from all liabilities, claims,demands, lawsuits, judgments, damages, costs and expenses, including reasonableattorneys' fees and court costs, made by any third party against the Indemnified Partiesdue to or arising out of your violation of these Terms or any rights of a third party withregard to your Submitted Content, including privacy or intellectual property rights or youruse of the Service or Content in violation of applicable law.
7. Data protection
Saferwall has taken appropriate technical and organisational precautions designed toensure that personal data for which you are responsible is treated and handled in a confidential manner commensurate with the sensitivity of the personal data. Saferwall collects, processes, and uses personal data for which you are responsible pursuant to the provisions of theData Protection Policy. Upon your written notice to Saferwall that a file in the Submitted Content is reasonablysuspected of containing trade secrets or confidential information or personal data, thenSaferwall, upon verification of the assertion, will restrict the use and subsequent disclosure of such file in a way that is reasonably intended to maintain the confidentialityof such file and/or take actions to delete the personal data in question. Representing anexception to the above are items of information that are intended for publication andsituations where you have agreed to the passing on of the information.
8. Severability Clause
The invalidity of one or more terms of these Terms shall not affect the validity of theremaining terms
9. Viruses, Hacking and Other Offences
You must not misuse our Service or Content. You must not attempt to gain unauthorisedaccess to Service, our website, the server on which our website is stored or any server,computer or database connected to our website. You must not attack our website via adenial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-serviceattack, viruses or other technologically harmful material that may infect your computerequipment, computer programs, data or other proprietary material or that of any partiesaffected by your actions due to your access to or use of the Service or Content or anythird-party content or websites. Force Majeure Saferwall is not responsible for any failure, interruption or delay in the operation of the Service or performance of its obligations hereunder due to technology or communications failure, earthquake, flood, fire, storm, natural disaster, act of the public enemy, war, whether declared or not, armed conflict, civil rebellion, terrorist action,strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion,accident, government or statutory restriction or from other similar causes or any othercauses whether or not of the same class or kind as those specifically above named.
11. Amendments
These Terms shall replace and invalidate all earlier Terms and Conditions of Useregarding your use of the Service and Content. If we update these Terms and Conditions of Use, we will provide the updated version with the revision date here on our website. If we make substantial material changes to these terms, we may inform you such as via your Saferwall account, an email, or a notification on the website.
12. Notices
All notices, demands or requests to Saferwall with respect to these Terms shall be madeelectronically to: contact@saferwall.com. ACCEPTANCE BY USING THE SERVICE AND/OR ACCESSING CONTENT OR CLICKING"SUBMIT" (OR "GENERATE PUBLIC REPORT"), YOU AGREE TO BE BOUND BYAND FULLY COMPLY WITH ALL OF THE TERMS HEREIN. DO NOT USE THESERVICE OR ACCESS CONTENT IF YOU DO NOT AGREE TO BE BOUND BYTHESE TERMS AND CONDITIONS OF USE.