Terms of Use

Terms and Conditions of Usage and Service of Magescan.io

Effective Date: 1 June 2020

These Terms and Conditions (hereinafter, referred to as the “Terms”) for the website magescan.io (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you”, “your”, “user”) of the Website and MageScan dba Sparity Inc (office location at 11380, South Bridge Pkwy, Alpharetta, GA 30022). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in the case that you agree to the Terms.

  1. Definitions

    For the purpose of these Terms, the following definition shall apply:

    “Account” means an account on the website registered by a user of the website

    “Client” shall mean a user of the Website who is interested to subscribe Magescan.io

    “MageScan” means a File Monitoring Solution built exclusively for Magento 1.x to monitor the file integrity in Magento core analyze and scan all files to identify the file changes in Magento Core.

    “Subscription” means the amount that you spend for File Tracking & Monitoring software

    “API Key” is the key that you generate on the website

    “Magento Store” is the ecommerce store that you own

    “File Tracking” means the files in the Magento Core

    “Content” means functionality, software, graphics, website design, source code, database, other content such as text, videos, audios and photographs contained on the site

    “Marks” means trademarks, service marks, and logos contained on the site

  2. We reserve the right to review and amend these Terms at our sole discretion, if and when this happens, we will notify our registered and active users. Any of such changes will take immediate effect from the date of their publication on our website. Before you continue, we recommend you keep a copy of the Terms for your records.

  3. About Magescan.io: MageScan is a File Monitoring Solution built exclusively for Magento 1.x to monitor the file integrity in Magento core analyse and scan all files to identify the file changes in Magento Core. 

  4. Registration of Account: By registering an Account, you agree to: abide to these Terms; be financially responsible for your activities on the Website; perform your obligations as per the Terms and Conditions and the pricing requirements; provide accurate, complete, and true information and maintain the accuracy, completeness, and truthfulness of the provided information. Following are the information we request from you while registration of the account:

    • First Name
    • Last Name
    • Email ID {username of your account}
    • Password

    You’re responsible for maintaining the confidentiality of the username and password that you’ve used while registering the account

  5. Restrictions of Site Usage: The site is operating under the laws of state of Georgia, USA. The services provided by us are not considered to be services subjected to any license or government permit under laws of state of Georgia. As laws and regulations are different in various countries, the services provided on our site is not intended for or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

  6. Confidentiality: In the performance of this Agreement, either party may disclose to the other certain trade secrets and other non-public information that is of value to its owner and is treated as confidential (collectively, “Confidential Information”). Both parties acknowledge and agree that the Confidential Information shall remain the sole and exclusive property of the disclosing party or a third party providing such information to the disclosing party. The receiving party agrees to hold the Confidential Information disclosed by the other party in confidence and not to use, distribute or disclose the Confidential Information for any purpose whatsoever other than as expressly provided by this Agreement. Subject to the terms set forth herein, the receiving party shall not disclose the Confidential Information to a third party without the written consent of the disclosing party, unless required by law, and shall protect the Confidential Information of the disclosing party with the same degree of protection and care the receiving party uses to protect its own Confidential Information, but in no event less than reasonable care. With regard to Confidential Information constituting a trade secret, the obligations in this Section shall continue for so long as such information constitutes a trade secret under applicable law. With regard to all other Confidential Information, the obligations in this Section shall continue for the term of this Agreement and for a period of three (3) years thereafter.

    Nothing in this Section shall prohibit or limit the receiving party’s use of information if (i) at the time of disclosure hereunder such information is generally available to the public; (ii) after disclosure hereunder such information becomes generally available to the public, except through breach of this Agreement by the receiving party; (iii) such information was in its possession prior to the time of disclosure by the disclosing party; (iv) the information becomes available to the receiving party from a third party which is not legally prohibited from disclosing such information; or (v) the information was developed by or for it independently without the use of such information. If disclosure is required under applicable law or regulation, the receiving party shall notify the disclosing party and help in obtaining an appropriate protective order.

  7. Intellectual Property: Unless otherwise indicated, the site is our proprietary property and the Content on the site and the Marks are owned by us or licensed to us and are protected by copyright and trademark laws and various other IP rights and unfair competition laws of the US, international copyright laws, and international conventions. The content and the Marks are provided on the site “AS IS” for your information and personal use / commercial use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal or commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

  8. Payment:

    • We provide payment on the site and integrated with Stripe – renowned third-party payment system. You can use credit cards accepted and we never store any of your financial information on our site. By adding your valid card in our site, you are authorizing us to use your credit card for charging monthly subscription.
    • You agree that where a request for the payment of the services fee is returned or denied by your payment provider, you remain liable for any costs, including banking fees and other charges associated with the use of the services
    • You agree and acknowledge that we can amend the fees at any time, and without prior notice.
  9. Refund Policy
    • Services offered on the site are available based on pay as you use basis, hence there are no refund any of the charges. Anytime you wish not to use the services, kindly unsubscribe to the service and you will be free of any future charges.
    • Refund may be partial if our site is unable to render or provide services as per the said plan.
  10. Limitation of Liability
    • Site’s total liability arising out of, or in connection with the website and services, contract, tort (including negligence), will not exceed the amount you have paid to us for our services.
    • You understand, acknowledge and agree that MageScan, its affiliates, directors, officers, shareholders, employees, agents and contributors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you or your company, and caused and under any theory of liability. This shall include, but is not limited to, any loss of direct or indirect profit, any loss of goodwill or business reputation and any other intangible loss.
    • User recognizes that the traffic of data through the Internet may cause delays and shall not hold MageScan liable for inability of Client to access information from MageScan in the ordinary course of Internet use. Client recognizes that the site may not be available on a continual twenty-four hour basis due to such delays and due to delays caused by MageScan’s upgrading, modification, or standard maintenance of MageScan.
  11. GOVERNING LAW: These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.

  12. INDEMNIFICATION: You agree to indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, partner, contributors, agents and employees, from:

    • All actions, law suits, claims, demands, liabilities, costs, expenses, losses and damages (including legal and attorney fees on a full indemnity basis) incurred, suffered or arising out of or in connection with our website and services;
    • Any direct or indirect consequences of you accessing, using or transacting on the website or using the services
  13. Dispute Resolution Clause: Subject to the provisions of this Agreement regarding applicable law and competent court, Parties agree not to commence any legal proceeding with respect to any dispute that may arise out of this Agreement. Parties agree to take the following steps in the event of a dispute, conflict or disagreement (“Dispute”).

    • The Party who claims first there is a Dispute, will send the other Party a written notice setting out the nature of this dispute;
    • The Parties will subsequently make an attempt to resolve the Dispute through direct negotiation among the Parties, or by persons who have been assigned to resolve the dispute by means of direct negotiations;
    • If the Parties are unable to resolve the dispute within fourteen (14) Business Days from the day of receipt of the notice referred to in subparagraph 1, the Dispute will be submitted to an independent person or institution that will deliver a non-binding opinion regarding the dispute.
    • If the Parties are unable to resolve the dispute within ten (10) Business Days after receiving the non-binding opinion as described in the preceding subparagraph (c), the Dispute will be submitted to mediation or another alternative dispute resolution procedure agreed by the Parties;
  14. Applicable law and competent court

    • The Terms and the rights created hereby, shall be governed, interpreted and construed by the laws of the state of Georgia. The validity of this governing law clause cannot be contested.
    • In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of state of Georgia.
  15. Severance: If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.