Terms of Use and Service
DRAFT – pending legal review. This text is a working draft and is not yet in force. Governing law, jurisdiction and company details marked TODO must be completed by counsel before publication.
These terms apply to your use of the Softwsp website and set the general framework for services provided by Netbase JSC under the Softwsp brand (“Softwsp”, “we”). Each paid or free service project is also governed by a written order or agreement that sets its scope, and that document prevails over these terms where they differ.
1. The website
The content of this website is provided for general information. It is not legal, regulatory or professional advice. Regulations change, and you should check the current official text and take advice for your own products. You may use the site lawfully and must not attempt to disrupt it, gain unauthorised access, or scrape it in a way that harms its operation.
2. Services
Softwsp provides firmware and software security analysis, reporting, remediation engineering, vulnerability-handling support, passive network recording analysis and related services. The scope of each project is set out in a written proposal, order or Design Partner agreement. Work outside the agreed scope is a new request.
3. Customer responsibilities
You agree to:
- Provide accurate files and information, including the firmware version actually sold.
- Hold the right to share any firmware, source code, SDK, recording or data you give us, and to let us analyse and, where agreed, modify it.
- Provide a coordinating engineer and, where hardware testing is needed, a test lab at your site with sample devices and remote access.
- Decide on and carry out release, signing, rollout, rollback and any change to running machines or networks.
- Make your own regulatory filings and keep responsibility for compliance of your products.
4. Confidentiality and data
We treat your files and findings as confidential under a confidentiality agreement and store them as described in our privacy notice. Findings about your products are not published without your agreement, unless the issue is already public from another source.
5. Intellectual property
You keep all rights in your firmware, source code and data. We keep our software, methods, tools, databases and general know-how. Reports are licensed to you for your internal business use and for sharing with your customers, auditors and regulators in connection with your products. Terms for patches and other deliverables are set out in the order.
6. Signing keys
Production signing keys remain under your control. We do not hold them. If you want us to take part in signing, access is granted through your own systems and limited to the session.
7. Design Partner programme
Free reports under the Design Partner programme are provided under a short agreement. They carry no payment obligation. Naming you or describing your case publicly requires your written permission.
8. Fees and payment
Fees, deposits and payment terms are stated in the order. Unless the order says otherwise, invoices are payable within the period stated on the invoice. TODO: payment terms and taxes to be confirmed.
9. No warranty of absolute security
Our reports and deliverables reflect known issues on the date of analysis, for the material provided. We do not warrant that any product, firmware or network is free of vulnerabilities, and our work is not a certification. See the disclaimer, which forms part of these terms.
10. Limitation of liability
To the extent permitted by law, our total liability in connection with a project is limited to the fees paid for that project, and we are not liable for indirect or consequential loss such as lost revenue, product recalls or business interruption. Nothing in these terms limits liability that cannot be limited by law. TODO: wording and caps to be set by counsel.
11. Suspension and termination
Either party may end a project as set out in the order. We may suspend work if the conditions for safe or lawful work are not met, for example where we cannot confirm your right to the material or where testing would put people or equipment at risk. Confidentiality and payment obligations survive termination.
12. Governing law
Governing law and the forum for disputes: TODO (to be determined by counsel).
13. Changes and contact
We may update these terms; the date above shows the latest version. Questions: see the contact page.