Acceptance of Terms of Use
This agreement is between you or the entity you represent and GiT. If you are entering into this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. If you specify a company name in connection with signing up for a Service, you will be deemed to have placed that order and to have entered into this Agreement on behalf of that organization. By accepting this Agreement or creating an account on any of GIT platforms, you agree to be bound by these Terms and Conditions, and our Privacy Policy, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bounded by all of our terms, you should not use our solutions. You agree that this Agreement shall supersede any prior agreements, except as specifically stated, and shall govern your entire relationship with GiT.
Changes to this Agreement
We may make changes to this Agreement from time to time. We may do this for a variety of reasons including to reflect changes in requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted under the settings of the platform you are using and on the GiT website. You should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use our solutions after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on any of our platforms and use our application. By creating an account and using any of our platforms, you accept and warrant that you form a binding contract with GiT, and you will comply with this Agreement and all
applicable local, state, national and international laws, rules, and regulations.
Terminating your Account
We may terminate your account at any time without notice if it is believed that you have violated this Agreement or used our services for unlawful or prohibited purposes or abused or intimidated other users. The term of this Agreement begins when you accept it. After your account is terminated, this Agreement will terminate. You may delete your Customer Data at any time. If you terminate your account, we may delete Customer Data immediately without any retention period. We have no additional obligation to continue to hold, export, or return Customer Data and have no liability whatsoever for the deletion of Customer Data pursuant to this Agreement. We may suspend your use of a Service if reasonably needed to prevent unauthorized access to Customer Data if you fail to respond to a claim of the alleged infringement or system abuse within a reasonable time, or you violate this Agreement, or we suspect fraud. We will attempt to suspend access to the minimum necessary part of the Services while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate this Agreement and delete your Customer Data without any retention period. We may also terminate your account if your use of our Services is suspended more than twice in any 12- month period.
Our Services
We grant you the right to access and use our Services in accordance with this Agreement to design, develop, and test your applications or use our on-site services in their entirety. In your manner of use of our services, you may not:
i. disable, tamper with or otherwise attempt to circumvent any mechanism that limits your use of our Solutions
ii. reverse engineer, decompile, disassemble or work around technical limitations in our Solutions
iii. transfer, lease, rent, lend, resell, or sublicense any Services or portion thereof to or for third parties, except as explicitly permitted herein or in license terms that accompany any Services
iv. use any Solution in any manner that could damage, disable, overburden, or impair any of theGiTLab Solutions, or the third-party app(s) connected to any of our Services, or interfere with any other party’s use and enjoyment of any Services
v. use our Solutions for any purpose that is unlawful or prohibited by this Agreement
Modifying Services
We are always striving to improve our solutions and bringing you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them off. We may even suspend a solution entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns prevent us from doing so.
Third Party App Integrations
theGiTLab may provide you with Software or APIs as part of Developer Services for third-party app integrations. Termination of use of or access to the Developer Services or the termination of this Agreement terminates your right to possess or use any such Services. Also, the suspension or termination of a User Plan terminates that user’s right to possess or use any such Solutions that was acquired through, is attached to, or otherwise requires that User Plan. You must delete all copies of such Software licensed under this Agreement and destroy any associated media upon the termination of the associated possession or usage rights. You are solely responsible for any third-party software that you install, connect, or use with any Service. We will not run or make any copies of such third-party software outside of our relationship with you. You may only install or use any third-party software with any Service in a way that does not subject our intellectual property or technology to any terms governing such software. We are not a party to and are not bound by any terms governing your use of any third-party software. We do not grant any licenses or rights, express or implied, to such third-party software.
Scope of Rights
All theGiTLab Solutions are the copyrighted works of theGiTLab. All theGiTLab Services are licensed not sold and may not be transferred unless specified otherwise in any license terms provided with that Service. Rights to access theGiTLab Solutions on any device do not give you any right to implement theGiTLab patents or other theGiTLab intellectual property in software or devices that access that device.
Application programming interfaces
theGiTLab will not assert any of its patent rights on account of your products calling application programming interfaces that expose the APIs.
Entire Agreement
This Agreement, along with the Privacy Policy, and any terms disclosed to you, contains the entire agreement between you and theGiTLab and the use of our solutions. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Your account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind theGiTLab in any manner. This Agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
Customers Interactions and Data
We maintain technical and organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We also treat Customer Data in accordance with the terms herein and our Privacy Policy. We may transfer to, store, and process Customer Data in Ghana, the United States, or in any country where we or our Affiliates or subcontractors have facilities used for Developer Services. You are solely responsible for your data. You must have, and you hereby grant us, sufficient rights to use Customer Data. We do not assume any additional obligations that may apply to Customer Data except as required by applicable law. Except for software and Content, we license to you, as between the parties, you retain all right, title, and interest in and to Customer Data. We acquire no rights in Customer Data other than as described in this Terms of Use and our Privacy Policy. Our Services transmit Customer Data to us, including usage and performance data. We will use Customer Data to provide the Services. This use may include troubleshooting to prevent, find and fix problems with the operation of the Services and ensuring compliance with this Agreement. It may also include providing you with suggestions to help you discover and use functionality within our Solutions, improving the features of our Service. We may also use Customer Data to derive patterns, trends, and other statistical data to provide, operate, maintain, and improve our products and services. We will not use Customer Data or derive information from it for any advertising or other commercial purposes (beyond providing you with the Services) without your consent.
Third party requests of Customer Data
We will not disclose Customer Data to a third party (including law enforcement, other government entity, or civil litigant, but excluding our subcontractors) except as you direct or unless required by law. We will ask any third-party demanding access to your Customer Data to contact you directly using your basic contact information. We will promptly notify you and provide a copy of the demand unless legally prohibited. You are responsible for responding to requests by a third party regarding your use of Services.
We may hire other companies to provide limited services on our behalf, such as customer support. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide. We remain responsible for our subcontractors’ compliance with the obligations set forth in this Agreement.
Compliance with the Law
We will comply with all laws applicable to the provision of our Services, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to information technology services providers. You will comply with all laws applicable to your Customer Data, and use of the Services, including any laws applicable to you or your industry.
Claims of Infringement
We will inform you if we receive a notice claiming that your usage of the Service infringes a third party’s intellectual property rights, and in such instances, we may provide your basic contact information to the third party. You will promptly respond to such complaints.
Disclaimer of Warranties
Except as warranted in a separate agreement, theGiTLab and its respective suppliers provide the services (including the content and APIs) “as is,” “with all faults” and “as available.” You bear the risk of using it. We provide no warranties, guarantees, or conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and Non-infringement. You may have additional rights under your local laws which this agreement cannot change. These disclaimers will apply to the fullest extent permitted under applicable law, including application to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. theGiTLab does not control, review, revise, endorse, or accept responsibility for any third-party content, information, messages, materials, projects accessible from or linked through the services, and, except as warranted in a separate agreement, we make no representations or warranties whatsoever about and shall not be responsible for any of the foregoing. Any dealings you may have with such third parties are at your own risk.
Limitation of Liability
The aggregate liability of each party under this Agreement is limited to direct damages up to One United States dollar ($1.00 USD). The limits of liability in this Section apply to the fullest extent permitted by applicable law.
No additional rights granted. We reserve all rights not expressly granted under this Agreement, and no other rights are granted under this Agreement by implication or estoppel, or otherwise. You must send notices by mail to the address listed for theGiTLab. By using our Services, you agree to receive electronic notices from us related to the Services, which will be sent by email to your specified end-user or administrator contact information or presented to you in the Service experience. Notices are effective on the date on the return receipt for mail, the date sent for email, and the data presented if within the Service experience. You may not assign this Agreement either in whole or in part. If any part of this Agreement is held unenforceable, the rest remains in full force and effect. Failure to enforce any provision of this Agreement will not constitute a waiver. There are no third-party beneficiaries to this Agreement.