Terms of use
Last updated: July 202613 sections5 min read
Purpose
These terms of use (the "Terms") govern access to and use of the Skanopy service (the "Service"), a behavioral analysis platform for Android mobile applications available through the Site and the Console.
The Service is intended solely for professionals acting for the purposes of their business. Any use of the Service constitutes unreserved acceptance of these Terms.
Definitions
"Publisher" or "Skanopy": the provider of the Service and publisher of the Site. "Site": the skanopy.com website. "Client": the professional who accesses the Service. "Application": the Android mobile application submitted for Analysis. "Analysis": the observed execution of an Application performed by the Service. "Report": the technical findings delivered to the Client after an Analysis. "Console": the online space where the Client declares Applications and consults Reports.
Service description
The Service runs an Android Application on a real device and observes its behavior at runtime: third-party actors contacted, identifiers and personal data transmitted, handling of consent and access to device storage. The analysis is carried out as a black box, without access to the source code, from a Google Play Store link or a file provided by the Client.
After the Analysis, a technical and reproducible Report is made available in the Console. The Service covers Android applications. The scope of each Analysis depends on the plan subscribed to, as described on the Plans page.
Nature of the results
The Report presents technical, factual findings observed for the analyzed version of the Application and on the date of the Analysis. It does not constitute legal advice, a compliance audit or a certification, and carries no warranty that the Application complies with any regulation.
Because the behavior of an application may change from one version to another and depends on third parties, the findings apply to the Analysis concerned. The Client remains solely responsible for interpreting the findings and for the decisions it makes based on them.
Access and account
Access to the Console requires the creation of an account attached to an organization. The Client provides accurate, up-to-date information and keeps its credentials confidential.
The Client is responsible for the actions carried out from its account and notifies the Publisher without delay of any unauthorized use.
Client obligations
The Client warrants that it holds the rights and authorizations required to submit the Applications it declares for Analysis, and uses the Service in compliance with applicable laws and regulations.
The Client refrains from any misuse of the Service, in particular any attempt to compromise its security or operation, and from any use that infringes the rights of third parties.
Pricing and payment
The Service is billed per analysis, monthly based on actual usage, with no quota or commitment. Prices are set by quote, according to the agreed scope, and expressed in euros excluding VAT. The accepted quote sets the prices in force between the parties.
Invoices are issued monthly according to the Analyses launched and are payable under the conditions stated on them. Late payment may lead to suspension of access to the Service. It gives rise, automatically and without prior notice, to late-payment penalties at the statutory rate and to a fixed indemnity for recovery costs.
Intellectual property
The Service, the platform, its technology and its methodology remain the exclusive property of the Publisher. These Terms grant the Client no right over these elements other than the right to use the Service.
The Client holds a non-exclusive, non-transferable right to use the Reports for its own needs, including incorporating them into the deliverables it provides to its own clients as part of its engagement.
Personal data and confidentiality
The processing of account and browsing data is described in the Privacy policy. Data related to the Analyses is hosted in the European Union. Where carrying out an Analysis leads the Publisher to process personal data on behalf of the Client, such processing is governed by a separate agreement compliant with applicable data protection regulation.
Each party keeps confidential the non-public information exchanged in connection with the Service and uses it solely for the purposes of the Service.
Liability and availability
The Publisher is bound by a best-efforts obligation. It does not warrant that the Analyses reveal the full extent of the behavior of an Application, whose operation depends on external factors beyond its control. The Publisher strives to keep the Service available and may interrupt it, in particular for maintenance.
The liability of the Publisher, on any grounds, is limited to the amounts actually paid by the Client during the twelve months preceding the event giving rise to the claim. The Publisher is not liable for indirect or intangible damages. These limitations do not apply in the event of bodily injury, gross negligence or wilful misconduct, or where the law does not allow them to be excluded.
Term, termination and changes to the Terms
These Terms apply for the entire duration of use of the Service. As the Service carries no commitment, the Client may stop using it at any time. The Publisher may suspend or terminate access in the event of a breach by the Client of its obligations.
The Publisher may change these Terms. The applicable version is the one in force on the date the Service is used.
Miscellaneous
The Publisher cannot be held liable in the event of force majeure within the meaning of article 1218 of the French Civil Code and French case law.
If any provision of these Terms is held void or unenforceable, the remaining provisions retain full effect. The failure of the Publisher to enforce any provision does not constitute a waiver of it.
These Terms are drafted in French. In the event of any discrepancy with a translation, the French version prevails.
Governing law and disputes
These Terms are governed by French law. In the event of a dispute, the parties will seek an amicable solution before any action.
Failing agreement, any dispute relating to the Service or to these Terms falls under the jurisdiction of the courts having jurisdiction over the registered office of the Publisher.