Welcome to the bitegarden Marketplace! The bitegarden Marketplace is an online marketplace for cloud and downloadable software applications, plugins and extensions (“Marketplace Plugins” or “Plugins”) that are designed to interoperate with SonarSource software and cloud offerings (“Sonar Products”).
SonarQube™ and SonarCloud™ are trademarks belonging to SonarSource SA, a Swiss company with its address at Route de Pré-Bois 1, CH - 1214, Vernier, Switzerland, with UID Registration No. CHE-114.587.664 (“SonarSource”, “Sonar”). For further information, please visit www.sonarsource.com
Use of the bitegarden Marketplace is governed by these bitegarden Marketplace Terms of Use (“Terms of Use”), which form a legally binding agreement between you (defined in Section 1.1) and BITEGARDEN SOLUTIONS SL, a Spanish corporation (ESB40612251) (“bitegarden” or “we”).
By placing an Order for a Plugin, or accessing or using the bitegarden Marketplace, you indicate your assent to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not place an Order or use or access the bitegarden Marketplace.
1.1. Who are You? Because all Plugins available through the bitegarden Marketplace are designed for use with Sonar Products, in these Terms of Use, “you” refers to the Sonar customer or user (e.g., person or entity) who holds a license or subscription to the Sonar Product with which the Plugin will be enabled or used. That Sonar customer is fully responsible for compliance with these Terms of Use by anyone using the bitegarden Marketplace or placing Orders on its behalf. Any person using the bitegarden Marketplace or placing an Order on behalf of a Sonar customer is binding that Sonar customer to these Terms of Use. These Terms of Use also apply to you if you are browsing the Marketplace or leaving a review.
1.2. Types of Plugins. Some Marketplace Plugins are made available at no charge, and others require payment of fees. The listing for each Plugin will identify the provider of the Plugin (“Vendor”), which may be bitegarden or a third party. Plugin for which bitegarden is the Vendor are “bitegarden Plugins” and Plugins for which the Vendor is a third party are “Third Party Plugins”. Most Vendors are third parties, who create, own and are responsible for their own Plugins as further described in these Terms of Use. In all cases, you may only use Plugins with the Sonar Products with which they are designed to be used (as identified in the Plugin’s listing).
1.3. Finding Plugins and Placing Orders. We want it to be easy to find great Plugins throughout your Sonar experience. Therefore, “bitegarden Marketplace” includes marketplace.bitegarden.com and any other webpage, application, interface, service or in-product experience at which we make available or list Plugins (such as our Universal Plugin Manager). Likewise, when we refer to “Orders”, that includes any order, purchase, installation, trial, download or enablement of a Plugin (including renewals and upgrades), whether through the bitegarden Marketplace, Sonar Products or other processes or interfaces we make available. All Orders are subject to these Terms of Use.
1.4. Marketplace Policies.Your Orders and use of the bitegarden Marketplace are also subject to bitegarden’s marketplace FAQs and posted policies, as may be modified from time to time (“Marketplace Policies”), which are incorporated into these Terms of Use.
2.1. Order Details. Your Order will identify the Vendor, your authorized scope of use of the Plugin (such as the platform) and license or subscription term, as applicable. Once you complete your Order, bitegarden will provide with you access to the applicable Plugin, including any relevant license or access keys, as described in the Marketplace Policies.
2.2. Paid Plugins. To receive access to paid Plugins, you must pay bitegarden the fees, including all taxes, indicated at the time of your Order. Terms for renewals, including pricing, will be described within the Plugin’s listing on the bitegarden Marketplace (or if different, your Order). You can disable renewals but you will not receive any refunds except as described in Section 2.3). For any Third Party Plugin, you acknowledge and agree that bitegarden is the Vendor’s commercial agent and that you are required to make any related payments directly to bitegarden (and your sales contract with bitegarden includes these Terms of Use and the applicable Order). However, after you complete your Order, your usage of any Third Party Plugins will be governed by the applicable Vendor Terms, as described in Section 3.
Note: this Section 2.2 does not apply to Paid-via-Vendor Apps (see Section 2.5 below).
2.3. Return Policy. Returns and refunds of bitegarden Plugins are governed by the bitegarden Terms, as defined in Section 3.1(b). For Third Party Plugins, you have thirty (30) days from the date you place your Order to cancel your Order and return the Plugin. If you cancel your Order of a Third Party Plugin within this 30-day period, bitegarden will refund the amount you paid for the applicable Third Party Plugin, and you must cease using the Plugin and delete any copies of the Plugin in your possession. Except as expressly provided in this Section 2.3, all Orders are non-cancelable and non-refundable.
Note: this Section 2.3 does not apply to Paid-via-Vendor Apps (see Section 2.5 below).
2.4. Trial Periods. The bitegarden Marketplace may offer free trial periods for Plugins. After expiration of the trial period, if you do not place an Order for the Plugin, the Plugin will cease to function and you must cease using and delete your copies of the Plugin and any related license or access keys.
2.5. Paid-via-Vendor Plugin. While most Plugins are provisioned by bitegarden as described in Section 2.1, some Third Party Plugins may be enabled or paid for through a third party Vendor’s own website (“Paid-via-Vendor Plugins”). Paid-via-Vendor Plugins will be identified in their listings or when you enable or pay for the Plugin. Section 2.2 (Paid Plugins) and Section 2.3 (Return Policy) do not apply to Paid-via-Vendor Plugins and returns, if any, would be governed by the applicable Vendor Terms.
3.1. Vendor Terms. Without limiting the disclaimers, restrictions or other provisions in these Terms of Use, usage of Plugins is subject to the license or subscription terms, privacy policies and other applicable terms specified by the Vendor (“Vendor Terms”), including any usage limits described therein. Vendor Terms are typically included on the Plugin’s listing page or presented through the Order process. You may not use a Plugin if you do not agree to the relevant Vendor Terms.
(a) Third Party Plugins. Third Party Plugins are subject to the third party’s Vendor Terms, not the bitegarden Terms. By ordering, installing or enabling any Third Party Plugin, you are entering into the Vendor Terms directly with the applicable third party Vendor. bitegarden is not a party to, or responsible for compliance with, any third party Vendor Terms, and does not guarantee any third party Vendor Terms are adequate for your own needs. Please see Section 4 (Data Collection and Sharing) for additional information about how third party Vendors use your data.
(b) bitegarden Plugins. If bitegarden is the Vendor of the Plugin, the Vendor Terms are the bitegarden terms that govern the bitegarden Product with which the Plugin is enabled or used (listed here) and as may be modified from time to time (the “bitegarden Terms”). The bitegarden Terms include the bitegarden Privacy Policy. In event of a conflict between these Terms of Use and the bitegarden Terms, the bitegarden Terms will control as to each party’s rights and responsibilities related to the Plugin itself, while these Terms of Use will control as to the bitegarden Marketplace generally.
3.2. Support and Maintenance. Any support and maintenance of Third Party Plugins will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. bitegarden is not responsible for any support and maintenance for Third Party Plugins, and a Vendor’s failure to provide any support or maintenance does not entitle you to any refund. If bitegarden is the Vendor, it will provide any support and maintenance in accordance with the bitegarden Terms.
3.3. Reservation of Rights. Except for the rights explicitly granted to you in these Terms of Use and in the Vendor Terms for each Plugin, all right, title and interest (including intellectual property rights) in the bitegarden Marketplace are reserved by bitegarden, and all right, title and interest (including intellectual property rights) in the Plugins are reserved and retained by their respective Vendors and licensors. Plugins are provided on a license or subscription basis, not sold, and you do not acquire any ownership rights in the bitegarden Marketplace or the Plugins.
4.1. Order Information. If you order a Marketplace Plugin through bitegarden, bitegarden will provide the Vendor with the information you provide in completing the order, such as your name, company name (if any), addresses (including e-mail address) and phone number.
4.2. Third Party Vendor Use of Data. As referenced in the bitegarden Terms, if you place an Order for Third Party Plugins, you authorize Vendors to access or use certain data in the applicable Sonar Products. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third party systems. Any third party Vendor’s use of accessed data (whether data in the Sonar Products or separately collected from you or your device) is subject to the applicable Vendor Terms. bitegarden is not responsible for any access, use, transfer or security of data or information by third party Vendors or by Third Party Plugins, or for the security or privacy practices of any third party Vendor or such Vendor's Third Party Plugins and third party processors. You are solely responsible for your decision to permit any third party Vendor or Third Party Plugin to access or use data to which you’ve granted access.
4.3. bitegarden Use of Marketplace Data. Any data that bitegarden collects from you based on your use of the bitegarden Marketplace and your Orders, or that it receives from third party Vendors on your behalf (e.g., order details related to purchases under Section 2.5 (Paid-via-Vendor Plugins)), is subject to the bitegarden Privacy Policy.
4.4. Analytics and Usage Data. In addition, you authorize the Vendor and bitegarden (if bitegarden is not the Vendor) to collect and use technical data and related information (including technical information relating to your device, system, and the Plugin), in non-personally identifiable form, to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Plugin. Vendor and bitegarden (if bitegarden is not the Vendor) may each use this information, as long as it is in a form that does not personally identify individual users, to improve their respective products or to provide services or technology to you (including with respect to bitegarden, the bitegarden Marketplace and Sonar Products).
The bitegarden Marketplace allows users to post reviews (e.g., a star rating) of Marketplace Plugins and to post comments on your or other users’ reviews.
5.1. User Names Displayed. Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her bitegarden Marketplace account). Users who do not want their names or other profile information (such as profile photographs) to appear may not post reviews or comments on the bitegarden Marketplace.
5.2. Rules for Reviews. All reviews and comments must comply with bitegarden’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
• Reviews must be made in good faith after reasonable evaluation of the relevant Plugin.
• Users may post only one review per Plugin, unless the latter review reflects a good-faith rating change based on further evaluation. Any modified reviews will be marked as “edited”.
• You (including anyone acting on your behalf) may not review or comment on your own Plugin, a Plugin owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Plugin listing.
• A Review must evaluate the Plugin itself and not be an evaluation of the underlying product with which the Plugin integrates or functions.
• Reviews or comments unrelated to the relevant Plugin are prohibited – for example, discussing bitegarden’s employees, business or stock, or those of other companies, or unrelated products or services.
5.3. bitegarden Rights. bitegarden reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the bitegarden Marketplace. bitegarden does not claim ownership of the content of reviews or comments you post on the bitegarden Marketplace. However, you hereby grant bitegarden a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicenseable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
6.1. Representations and Warranties. You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority (i) to enter into and be legally bound by these Terms of Use, (ii) to place any Orders, and (iii) and to authorize Vendors to access and use your data and information as described in Section 4, all without violation of any other agreements or policies.
6.2. Compliance with Law and Reservation of Rights. You must use the bitegarden Marketplace and Marketplace Plugins in compliance with all applicable laws.
6.3. Indemnification. You agree to indemnify, defend (at bitegarden’s request) and hold harmless bitegarden, its affiliates, and its and their officers, agents and employees from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs) arising out of your violation of these Terms of Use or the applicable Vendor Terms, your violation of any rights of a third party, or any content you submit to or publish on the bitegarden Marketplace. You may not settle any such claim without bitegarden’s prior written consent.
7.1. For Cause. Your rights hereunder will automatically terminate upon your failure to comply with any of the provisions in these Terms of Use. In case of such termination, you must cease all use of the bitegarden Marketplace, and bitegarden may immediately revoke your access to the bitegarden Marketplace without notice to you and without refund of any purchases.
7.2. Discontinuation of Marketplace. bitegarden may terminate these Terms of Use without notice to you if bitegarden, in its discretion, discontinues the bitegarden Marketplace.
7.3. Effect on Plugins. If these Terms of Use terminate, your rights to use any previously obtained Plugins will survive in accordance with the applicable Vendor Terms.
7.4. Survival. The following Sections will survive any termination or expiration of these Terms of Use: 3.1(b) (bitegarden Terms) (if applicable for continued use of bitegarden Plugins), 3.3 (Reservation of Rights), 4 (Data Collection and Sharing), 5.3 (bitegarden Rights) and 6 (Your Responsibilities) through 10 (General).
8.1. Third Party Plugins. A significant portion of the Marketplace Plugins in the bitegarden Marketplace are provided by parties other than bitegarden. Third party Vendors are solely responsible for their Plugins and any related content or materials included in their Plugins. bitegarden has no liability or responsibility whatsoever for any Third Party Plugins, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness or quality, even if bitegarden is hosting such Plugin. These disclaimers apply even if a Plugin complies with bitegarden’s guidelines for Third Party Plugins (located on bitegarden’s web properties such as www.bitegarden.com/developer), and even if bitegarden has reviewed, certified, or approved the Third Party Plugin. Any use of Third Party Plugins is at your sole discretion and risk. Vendors are solely responsible for ensuring that any information they submit is accurate, complete and correct, and bitegarden is not responsible for the standards or business practices of any third party Vendor (whether support, availability, security or otherwise. You should always independently verify that any Third Party Plugins or Vendor business practices meet your needs. In addition, bitegarden is not responsible for any third party websites to which the bitegarden Marketplace links or their terms of use or privacy policies. You should use your discretion when visiting third party websites.
8.2. Removal of Plugins. At any time, bitegarden may remove a Plugin from the bitegarden Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own Plugins at any time.
8.3. Interoperability. bitegarden makes no guarantee that any Plugins will work properly with Sonar Products or that Plugins will continue to work with Sonar Products as they change over time. Some Plugins rely on hosted or cloud services provided by the Vendor or third parties, and these Plugins may not function properly or may become inoperable if those services are discontinued.
8.4. Disclaimer of Warranties. To the maximum extent permitted by law, bitegarden offers the bitegarden Marketplace and all Third Party Plugins “AS IS” and “AS AVAILABLE”, and bitegarden hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the bitegarden Marketplace or this Agreement. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law.
8.5. Limitations of Liability. To the maximum extent permitted by law, in no event will bitegarden be liable for any direct, indirect, consequential, special, exemplary, punitive or other liability related to the bitegarden Marketplace or any Third Party Plugins, including for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business or costs of delay. If the foregoing disclaimer of direct damages is not enforceable at law for any reason, in no event will bitegarden’s aggregate liability to you under these Terms of Use exceed the greater of (1) the amount you paid to bitegarden for the Third Party Plugin related to your claim, or (2) fifty euros (50 €).
8.6. Disclaimers and Limitations of Liability for bitegarden Plugins. Section 8.4 (Disclaimer of Warranties) and 8.5 (Limitations of Liability) do not alter the disclaimers or limitations of liability for bitegarden Plugins in the bitegarden Terms, which continue to fully apply.
8.7. Basis of Bargain; Failure of Essential Purpose. bitegarden entered into these Terms of Use relying on the limitations of liability, disclaimers of warranty and other provisions relating to allocation of risk herein, and you agree that such provisions are an essential basis of the bargain between the parties. You agree that the waivers and limitations specified in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.
8.8. bitegarden Affiliates and Contractors. You acknowledge and agree that bitegarden’s affiliates, contractors and service providers may exercise all rights of bitegarden under these Terms of Use, and that all limitations of liability and disclaimers in these Terms of Use apply fully to and benefit bitegarden’s affiliates.
9.1. Informal Resolution. In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under these Terms of Use pursuant to Section 9.2 (Governing Law; Jurisdiction). All negotiations pursuant to this Section 9.1 will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions.
9.2. Governing Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the applicable laws in Spain. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms of Use must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the Spanish law, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Spain, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
9.3. Injunctive Relief; Enforcement. Notwithstanding the provisions of Section 9.1 (Informal Resolution) and 9.2 (Governing Law; Jurisdiction), nothing in these Terms of Use will prevent bitegarden from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
9.4. Exclusion of UN Convention and UCITA. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms of Use regardless of when or where adopted.
10.1. Changes to Terms. bitegarden may modify these Terms of Use at its sole discretion by posting the revised terms on the bitegarden Marketplace. You may be required to click to agree to the modified Terms of Use in order to continue using the Marketplace, and in any event your continued use of the bitegarden Marketplace (including any future Orders) after the effective date of the modifications constitutes your acceptance of the modified terms. For clarity, the version of these Terms of Use in place at the time of your Order will apply for purposes of that Order. Except as provided in this Section 10.1, all changes or amendments to these Terms of Use require the written agreement of you and bitegarden.
10.2. Reporting Copyright and Trademark Violations. If you believe that any content in the bitegarden Marketplace violates your copyright, please contact us through our contact form or support.bitegarden.com.
10.3. Contact Information. For communications concerning these Terms of Use (other than copyright and trademark concerns covered in Section 10.2), please write to legal@bitegarden.com. bitegarden may send you notices through your bitegarden account or to your email address that is on file with bitegarden.
10.4. Entire Agreement. These Terms of Use constitute the entire agreement between the parties with respect to their subject matter and supersedes any and all prior or contemporaneous agreements between the parties with respect to their subject matter. For clarity, this does not limit the Vendor Terms, which apply in accordance with Section 3 above.
10.5. Interpretation. If any provision of these Terms of Use is held invalid by a court with jurisdiction over the parties to these Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. bitegarden’s failure to enforce any provision of these Terms of Use will not constitute a waiver of bitegarden’s rights to subsequently enforce the provision. In these Terms of Use, headings are for convenience only and terms such as “including” are to be construed without limitation.
10.6. Assignment. You may not assign or transfer these Terms of Use. bitegarden may freely assign, transfer and delegate its rights and obligations under these Terms of Use.
10.7. No agency. Nothing in these Terms of Use or any Order is intended to, or shall be deemed to, make bitegarden your agent, or authorize bitegarden to make or enter into any commitments for you or on your behalf.
10.8. Export Laws and Regulations. You may not use or otherwise export or re-export the Marketplace Plugins except as authorized by Spanish law and the laws of the jurisdiction in which the Plugin was obtained. In particular, but without limitation, Plugins may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list or the U.S. Department of Commerce’s Denied Persons, Entity, or Unverified Lists. By using any Marketplace Plugin, you represent and warrant that you are not located in any such country or on any such list. You agree not to use or provide the Plugins for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.