These Terms of Service (“Terms”) govern your use of Perch Cloud, including the dashboard at dash.perchscan.com, hosted code analysis, and CI integrations (the “Service”). The Service is provided by Verglas LLC (“Verglas”, “we”, “us”). By creating an account, signing in, or using the Service, you agree to these Terms. If you use the Service for an organization, you agree on its behalf and confirm you are authorized to do so.
The Perch command-line tool is open-source software licensed under the MIT license. That license, not these Terms, governs the CLI itself. These Terms apply when the CLI or anything else uses the Service.
1. Accounts and workspaces
You must provide accurate account information and keep your sign-in credentials secure. You are responsible for activity in your account and in the workspaces you own, including activity by members you invite and by CI credentials you create. A workspace’s owner controls its billing and membership. Tell us promptly at support@perchscan.com if you believe your account has been compromised.
You must be at least 18 years old, or the age of majority where you live, to use the Service.
2. Credit and payment
Pay as you go. The Service is paid for with prepaid credit. Analysis that needs a fresh model answer uses credit at the rate shown on the Billing page, currently $0.05 per million tokens sent. Tokens returned by a model, and results for unchanged code served from a cache, are free.
Credit. A new account receives $1.00 of credit, and a workspace receives another $4.00 the first time it turns on auto reload. Credit you buy is added to your workspace, never expires while your account is active, and cannot be moved between workspaces. When a workspace runs out of credit, analysis that needs a fresh answer pauses until credit is added.
Billing. Payments are processed by Stripe. You authorize us, through Stripe, to charge your payment method for credit you buy. If you turn on auto reload, you also authorize a charge for the selected amount each time your balance falls below the threshold you choose, up to $1,000 a month. Prices exclude taxes unless stated, and you are responsible for applicable taxes. We may change the rate with at least 30 days’ notice; credit already bought keeps its dollar value.
Refunds. Payments are non-refundable except where required by law or where we decide otherwise at our discretion. If a payment fails or is reversed, we may remove the credit that payment bought.
3. Your code and content
You keep all rights to the source code, rules, and other content you submit to the Service (“Your Content”). You grant Verglas a limited license to process Your Content only as needed to provide, secure, and support the Service.
To analyze code, the Service sends the relevant code and rule questions to a third-party model provider for each analysis. The Service does not store your source code after an analysis. It stores a one-way hash of each analysis request with its answer, so that unchanged code can be answered from the cache, together with scan results such as file paths, function names, line numbers, and findings. We do not use Your Content to train machine learning models.
You are responsible for having the rights to submit Your Content, and for not submitting content you are not permitted to share with a service provider.
4. Acceptable use
You will not: use the Service to break the law or infringe others’ rights; attempt to gain unauthorized access to the Service or to other users’ data; interfere with or overload the Service, or bypass usage limits or billing; reverse engineer the Service except where the law allows it; resell or provide the Service to third parties as a standalone product without our written permission; or submit malware or content designed to exploit the Service or its model providers.
5. Analysis results
The Service uses machine learning models to produce findings. Findings may be incomplete, inaccurate, or inconsistent between runs, and a lack of findings does not mean your code is free of defects or vulnerabilities. You are responsible for reviewing results and for decisions you make based on them. The Service is not a substitute for professional code review or a security audit.
6. Third-party services
The Service works with third-party services, including GitHub, Stripe, and our identity and email providers. Your use of those services is governed by their own terms. We are not responsible for third-party services, and we may change the providers we use.
7. Feedback
If you send us suggestions or feedback, we may use them without obligation to you.
8. Suspension and termination
You can stop using the Service and delete your account at any time from Settings. We may suspend or terminate your access if you breach these Terms, if your use creates risk or legal exposure for us or others, or if we discontinue the Service. We will give reasonable notice where practical. When your account is deleted, we delete your workspaces and their data as described in our Privacy Policy, and unused credit is forfeited.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, VERGLAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANALYSIS RESULTS WILL BE ACCURATE OR COMPLETE.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VERGLAS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. VERGLAS’S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US$100.
11. Indemnification
You will indemnify and hold harmless Verglas from claims, damages, and expenses, including reasonable attorneys’ fees, arising from Your Content, your use of the Service in breach of these Terms, or your violation of law or of others’ rights.
12. Changes to these Terms
We may update these Terms. If we make material changes, we will update the effective date and ask you to agree to the new version when you next sign in, or notify you by email. Continued use of the Service after changes take effect means you accept them.
13. Governing law
These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Service will be brought exclusively in the state or federal courts located in Oregon, and you consent to their jurisdiction.
14. General
These Terms and our Privacy Policy are the entire agreement between you and Verglas about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
15. Contact
Questions about these Terms: support@perchscan.com.