1. Service description
Outpaced is a web service that allows the registered User to:
- upload
package.jsonand, optionally, a lock file (package-lock.json,yarn.lock,pnpm-lock.yaml) of their JavaScript/TypeScript projects; - receive an informational report on the state of the npm dependencies they contain (e.g. packages with available updates, deprecated, abandoned, known vulnerabilities);
- receive the report and/or related notifications by email.
The Service is offered free of charge. The Controller reserves the right to modify in the future the way the Service is delivered, to introduce paid plans or quantitative limitations (e.g. maximum number of daily checks), giving prior notice as per section 13.
2. Registration and account
Use of the Service requires registration via the Clerk authentication provider. To register you must be at least 16 years old (in line with Art. 2-quinquies of the Italian Privacy Code) and provide truthful and up-to-date information.
You are responsible for safeguarding your access credentials and for all activities carried out through your account. You agree to promptly notify us of any unauthorized use of your account or any suspected breach of credentials.
You may delete your account at any time from the Service settings or by writing to the email indicated in section 14.
3. User obligations and responsibilities
By using the Service you agree to:
- use the Service in compliance with the law, public order, morality and these Terms;
- upload only files for which you hold the rights or for which you are
otherwise authorized to process. The
package.jsonand lock files may contain references to private packages, corporate repositories, organisation names or other elements attributable to third parties: you warrant that you have the right to send them to us and submit them to the described processing; - not to upload content that infringes intellectual property rights, trade secrets, confidentiality obligations, third-party rights, or that contains personal data of third parties not authorized to processing;
- not to use the Service for unlawful, fraudulent or harmful purposes, nor to send malicious content, malware, exploits or harmful executable code;
- not to perform reverse engineering, mass scraping, unauthorized automated access, security compromise attempts, circumvention of technical limits (e.g. rate limit), nor use the Service so as to impair its functioning for other users;
- indemnify and hold harmless the Controller from any claim, damage, cost (including reasonable legal expenses) arising from breach of the points above, within the limits allowed by law.
You are solely responsible for the content you upload and for the use you make of the received report.
4. Ownership of uploaded content and technical license
The content you upload (package.json files, lock files, and in general any file
or text transmitted to the Service — hereinafter "User Content") remains your property or, in any case, subject to the rights of those who
lawfully hold it. By uploading them to the Service you do not assign us any property right.
Solely to the extent strictly necessary to deliver the Service, you grant us a non-exclusive, free, time-limited, non-transferable and revocable license to read, parse, process and automatically analyse User Content for the sole purpose of generating the report and sending it to you. The license is effective only for the duration of the processing and automatically terminates at the end of it, when uploaded files are deleted as described in the Privacy Policy.
Under no circumstances do we use User Content to train artificial intelligence models, for profiling, marketing, aggregated statistics sold to third parties or any other purpose not strictly related to the delivery of the Service.
5. Informational nature of the report — No accuracy warranty
The report generated by the Service is purely informational and is based on third-party public sources, in particular the npm Registry, the npm Audit API, and other vulnerability databases (e.g. OSV ). The completeness, accuracy, timeliness and availability of such sources are outside our control.
The report:
- does not constitute a professional security audit;
- does not replace a technical evaluation by a qualified consultant, nor an independent code review;
- does not guarantee the identification of all vulnerabilities, nor the absence of false positives or false negatives;
- does not represent a binding recommendation: any operational decision to update, replace or remove a dependency is exclusively yours and must be evaluated in the context of your project.
Within the limits allowed by law, the Service is provided "as is" and "as available". We make no warranty, express or implied, of fitness for a particular purpose, error-free or uninterrupted operation.
6. Service availability
We commit to keeping the Service available and functioning with due diligence, but we do not guarantee absolute continuity. The Service may be temporarily suspended for scheduled maintenance, upgrades, unavailability of third-party providers (Clerk, email provider, hosting, npm Registry, etc.), force majeure events, cyberattacks or other causes not attributable to the Controller.
We reserve the right to introduce, modify or remove features, to apply technical limits (e.g. maximum file size, maximum number of daily checks) and to suspend or terminate the Service as a whole, giving prior notice where reasonably possible.
7. Account suspension and termination
We may suspend or terminate your account, with immediate effect and without prior notice where necessary, if:
- you materially breach these Terms, or repeat minor breaches after our notice;
- your use of the Service endangers the security, stability or lawfulness of the platform or of other users' data;
- there is a legal obligation or order from an Authority requiring it.
Save for different legal obligations, we will notify you by email of the suspension or termination, indicating the reason. Your right to object under applicable law remains.
You may withdraw at any time by deleting your account as set out in section 2.
8. Limitation of liability
Within the maximum limits allowed by applicable Italian law, and without prejudice to the exclusion of any limitation in case of wilful misconduct or gross negligence of the Controller under Art. 1229 of the Italian Civil Code, the Controller shall not be liable:
- for indirect, consequential damages, loss of profits, loss of opportunity, loss of data, reputational or commercial harm;
- for malfunctions, losses or damages arising from technical or operational decisions taken by the User on the basis of the report;
- for interruptions or malfunctions of third-party providers listed in the Privacy Policy (e.g. Clerk, npm Registry, email provider, hosting);
- for damages arising from improper use of the Service or breach of these Terms by the User or third parties.
Without prejudice to mandatory consumer protection rules, in all cases where a liability cap is lawfully applicable, the total liability of the Controller towards the User for any claim related to the Service is in any case capped, on a yearly basis, at the amount paid by the User for the Service in the twelve months preceding the harmful event, and in any case at EUR 100 (one hundred) if the Service has been used free of charge.
These limitations do not apply where the law does not allow exclusion or limitation, in particular in case of wilful misconduct, gross negligence, personal injury or death, or within the limits of mandatory rights of consumers under the Italian Consumer Code (Legislative Decree 206/2005).
9. Service intellectual property
The trademark, the name "Outpaced", the logo, the graphical interface, the texts, the Service code and any element making it up (excluding User Content) are property of the Controller or its respective licensors and are protected by intellectual property law.
No right is granted to you on such elements beyond the authority strictly necessary to use the Service in compliance with these Terms.
10. Personal data processing
The processing of your personal data is governed by the Privacy Policy and by the Cookie Policy, which form an integral part of the contractual relationship but not of these Terms strictly speaking: any update of the Privacy Policy or Cookie Policy does not require a new acceptance of the Terms.
11. Consumer protection
If you use the Service for purposes outside your business, commercial, craft or professional activity, you are a "consumer" under the Italian Consumer Code (Legislative Decree 206/2005) and you are entitled to the mandatory rights set out therein. No clause of these Terms shall be construed as a waiver or limitation of such mandatory rights.
For the resolution of disputes with consumers you may also rely on the European Online Dispute Resolution (ODR) platform of the EU Commission: ec.europa.eu/consumers/odr.
12. Applicable law and jurisdiction
These Terms are governed by Italian law.
The Controller is a natural person and not a company: there is therefore no "registered office". For any dispute concerning these Terms or the use of the Service, the Court of Brescia (Italy) shall have exclusive jurisdiction, corresponding to the place of residence of the Controller pursuant to Articles 18 and 19 of the Italian Civil Procedure Code, subject — where the User qualifies as a consumer — to the non-derogable jurisdiction of the consumer's forum (Art. 66-bis Italian Consumer Code), corresponding to the User's place of residence or chosen domicile.
13. Changes to the Terms
We reserve the right to modify these Terms to reflect changes to the Service, regulatory framework or organisation. Material changes will be communicated by email to the address linked to the account and/or by visible notice on the site, with at least 15 days notice before they take effect.
After the notice period, use of the Service will constitute acceptance of the updated Terms. If you do not agree, you may withdraw by deleting your account before they take effect, at no cost.
14. Controller and contacts
- Name: Marius Trica
- Address: Brescia, Italy
- Contact email: tricabit@gmail.com
- Certified email (PEC): mariustrica@pec.it
This information is also provided pursuant to Italian Legislative Decree 70/2003 on electronic commerce and information society services.
15. Final provisions
- Severability. If any clause of these Terms is declared null, invalid or ineffective, the remaining clauses shall remain fully valid and effective.
- Assignment. You may not assign rights and obligations under these Terms without our prior written consent.
- Tolerance. Any tolerance regarding breaches of the Terms does not constitute waiver of rights deriving from the Terms or the law.
- Language. These Terms are drafted in Italian. In case of translations into other languages, in case of conflict the Italian version prevails.