GitGuardian terms of services
Welcome to GitGuardian!
GitGuardian is the leader of automated secrets detection in public and private repositories.
The services outlined herein are provided by GitGuardian SAS, a French corporation, and its parents, subsidiaries, and affiliates (collectively “GitGuardian”).
These Terms of Services (“Terms” or “this Agreement”) cover Customer’s use and access to the products and services provided by GitGuardian.
These Terms may be amended by GitGuardian from time to time in accordance with the terms below. Customer should review the Terms prior to using the Services. By using the Services, Customer acknowledges that the Services fulfill its requirements and needs and that it has received all necessary advice and information from GitGuardian when purchasing or registering to the Services.
If Customer has entered into a separate Services Agreement with GitGuardian for itself and its employees, contractors and agents use of the Services, then that agreement will supersede these Terms of Services in case of contradiction.
Please read these Terms of Services carefully before you start to use the Services. We recommend that you print a copy of this for future reference.
By using the Services, you are confirming that you accept these Terms of Services and that you agree to comply with them. If you do not agree to these Terms of Services, you must not use the Services.
“Customer” means GitGuardian customers who receive a license to use the Services.
“Customer Content” means all non-public works and non-public materials including Customer Data uploaded to, stored on, processed using or transmitted via the Platform by or on behalf of the Customer or by any person or application or automated system using the Customer’s account; and otherwise provided by the Customer to GitGuardian in connection with this Agreement.
“Customer Data” means any non-public electronic data and non-public information uploaded by or for the Customer via the Services or collected and processed by or for the Customer using the Services.
“Documentation” means the documents, presentations, websites, notes, notices, brochures, emails, comments, social media publications, recordings, questions & answers, customer support publications or discussions, edited or published by GitGuardian about GitGuardian’ Services.
“GitGuardian” means GitGuardian SAS, French registered corporation, and its parents, subsidiaries, and affiliates (collectively “GitGuardian” or “we”, “us”, “our”), the provider of the Services and operator of the Platform.
“Platform” means Gitguardian for Internal Repositories Monitoring Platform, composed of different elements of software and services (e.g. algorithms, code etc.). They allow collecting, storing and analyzing data from repositories and other data sources.
“Secrets” means anything used to authenticate or authorize access to any system, most common are API keys, database credentials or security certificates.
“Services” means all services, products, and components thereof offered by GitGuardian. GitGuardian's Internal Repositories Monitoring solution integrates directly into Customer’s DevOps pipeline. It empowers the Customer to detect Secrets in his source code, and to collaborate to revoke them as soon as possible. The Services are provided through the Platform accessible here: https://dashboard.gitguardian.com.
“Service Data” means all information and data made available to you in connection with the Services.
Change of these terms
GitGuardian may revise these Terms of Services at any time by amending this page. Where appropriate (for example, where the changes limit Customer’s rights or increase its obligations), GitGuardian will also give notice of the changes by sending an email – where possible, a reasonable time in advance.
Please check this page from time to time and give careful consideration to any emails GitGuardian sends, as the changes to the Terms of Services will be binding on you.
GitGuardian shall use good faith effort to deliver the Services.
Provided Customer has not materially breached these Terms, GitGuardian grants Customer a non-transferable, non-exclusive, worldwide, royalty free, and revocable license to Customers to use the Services, subject to the restrictions set forth in the Acceptable Use Policy, below, as well as any other restrictions set forth in these Terms.
Free Tier plan: Under the Free Tier plan, Customer is granted a free-of-charge monthly renewable license to use a restricted range of the Services. The Free Tier plan license is non-transferable, non-exclusive, worldwide, royalty free, and revocable.
Free Trial plan: Under the Free Trial plan, Customer is granted a free-of-charge 30-day license to use the full extent of the Services. The Free Trial plan license is non-transferable, non-exclusive, worldwide, royalty free, and revocable.
Updates to the Services
GitGuardian reserves the right, in its sole discretion, to manage, update, change, modify, suspend, discontinue or upgrade part of or all of the Services at any time, to ensure optimum performance for all Customers, or for any other purpose.
These Terms of Services will apply to such new services, features or functionality, unless they come with separate or additional terms, in which case Customer will be required to agree to such separate or additional terms before being permitted to use the new services, features or functionality.
GitGuardian shall, to the extent possible, inform the Customer within a reasonable timeframe about the nature and the duration of any modification or upgrade, update, or other change made to the Services.
GitGuardian may use Customer Data and Customer Content solely in furtherance of the Services, or to improve the Services. Other than as permitted under these terms, GitGuardian will not disclose Customer Data or Customer Content to any third party.
GitGuardian may disclose Customer Data or Customer Content: (i) as required under applicable securities regulations; or (ii) on a confidential basis, to potential private investors in or acquirers and/or to its legal or financial advisors that need to know such in order to provide business advice; or (iii) to the extent necessary to comply with applicable law or court order.
Customer’s rights and obligations
Acceptance of Terms
By using the Services (as such term is defined herein), The Customer agrees to be bound by these Terms. Customer hereby warrants that he is 18 years of age or older or, where he is not, that he has the consent of its parent or guardian to use the Services in accordance with these Terms of Services.If the Customer is using the Services for an organization, or any corporate or government entity, Customer is agreeing to these Terms on behalf of that organization or entity and hereby warrants that he has authority to bind the company (as the contracting party) to these Terms of Services.
Username and Password
When Customer registers for an account on the Platforms (including via third party authentication), Customer is responsible for any use of GitGuardian Services with its account details, and for protecting its account details from unauthorised use. Customer is also responsible for the security of any computer from which he signs into his account. GitGuardian shall not be liable for any illicit or fraudulent use of the Customer’s account.
If GitGuardian processes any Customer Data on the Customer’s behalf when performing its obligations under this Terms, the parties record their intention that the Customer shall be the data controller and GitGuardian shall be a data processor and in any such case:
1. The Customer shall own any and all Customer Data and shall be solely responsible for the accuracy and quality of any and all Customer Data and for establishing all terms and conditions applicable to the Customer’s own customers or employees. The Customer shall ensure that the Customer is entitled to transfer the Customer Data to GitGuardian so that GitGuardian may lawfully use, process and transfer the Customer Data in accordance with this Agreement on the Customer’s behalf. The Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation. GitGuardian shall process the Customer Data only in accordance with the terms of this Agreement and any lawful documented instructions reasonably given by the Customer from time to time including with regard to transfers of Customer Data to a third country or an international organization, unless the laws of the state to which GitGuardian is subject require GitGuardian to process the data; in such a case, GitGuardian shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. GitGuardian and Customer shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. GitGuardian shall ensure that persons authorized to process the Customer Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Customer hereby grants GitGuardian a worldwilde non-exclusive, royalty-free,license during the term to access, use, store, display, reproduce and transmit Customer Data solely for the purpose of providing the Service and any applicable professional services in accordance with this Agreement.
2. The Customer grants to GitGuardian a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, distribute, create derivative works of and otherwise exploit anonymous usage data derived from the Customer’s, and Platforms Users’ use of the Service (Usage Data) as aggregated with usage data from GitGuardian’ other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of GitGuardian’ services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify Customer or any particular customer or end-user of Customer and shall not be deemed Customer Data.
3. GitGuardian shall have the right (but not the obligation) in its sole discretion to refuse or remove any Customer Data.
The Customer grants to GitGuardian during the term of this Agreement, a worldwide non-exclusive license to access, use, store, display, copy and transmit the Customer Content on the Platform for the purposes of operating the Platform, providing the Services, fulfilling its other obligations under this Agreement, and exercising its rights under this Agreement.
All intellectual property rights in the Customer Content will remain, as between the parties, the property of the Customer.
The Customer warrants and represents to GitGuardian that the Customer Content, and their use by GitGuardian in accordance with the terms of this Agreement, will not:
1. Breach any laws, statutes, regulations or legally-binding codes;
2. Infringe any person’s intellectual property rights or other legal rights; or
3. Give rise to any cause of action against GitGuardian or the Customer or any third party, in each case in any jurisdiction and under any applicable law.
Where GitGuardian reasonably suspects that there has been a breach by the Customer of the provisions of this section, GitGuardian may:
1. Delete or amend the relevant Customer Content; and/or,
2. Suspend any or all of the Services and/or the Customer’s access to the Platform while it investigates the matter.
Any breach by the Customer of this section will be deemed to be a material breach of this Agreement.
Accessing the Services
Customer acknowledges that the extent of its use of the Services will depend on its subscription plan, and he further agrees to only use the Services within the limits of such subscription plan.
Whilst GitGuardian will make reasonable efforts to ensure the Services are operational 24 hours a day, 7 days a week, GitGuardian does not guarantee that the Services will always be available or be uninterrupted. In particular, but without limitation:
Maintenance Services: The Services will not be available to Customer when GitGuardian carries out maintenance services.
Communication networks: The Services may be subject to limitations, delays and other problems inherent in the use of communication networks and facilities.
GitGuardian reserves the right to suspend Customer’s access to or use of the Services without notice in the event he breaches these Terms of Services or if GitGuardian reasonably suspects that Customer has breached these Terms of Services.
Using the Services
Customer must not use the Services for any commercial use (other than for internal use within its business), and he must not redistribute or transfer the Services, Platforms, Documentation or Service Data to any third party or make any part of the Services, Documentation or Service Data available to be accessed, in whole or in part, by any third party.
The licence granted to Customer to use the Services, the Platform, the Documentation, and Service Data, does not permit to do, and he shall not do nor permit any third party to do, any of the following:
Embed GitGuardian Services, Platform, Documentation, or Service Data into any product of Customers or any third party;
Make available through automated or manual means any part of the Services, the Platform, the Documentation, or the Service Data, by way of crawling, scraping, spidering or otherwise;
Copy or access all or any part of the Services, the Platform, the Documentation, or the Service Data other than via the interface(s) provided to Customer by GitGuardian;
Use web-crawlers, bots, or scripts to copy or access any part of the Services, the Documentation or the Service Data;
Circumvent or attempt to override any security features GitGuardian has installed around the Services, the Platform, the Documentation, or the Service Data;
Customer further agrees to comply with the Acceptable Use Policy below with regards to its use of the Services, Platform, Service Data and Documentation, including any material and data he transmits using the Services. This Acceptable Use Policy is hereby incorporated into these Terms of Services.Customer shall not modify the Services, except as expressly permitted herein.
Customer shall be responsible for the results of any authorized or unauthorized modification of the Services. GitGuardian shall not be liable for any failure of the Services resulting from Customer’s unauthorized modification or use of such Services.
Customer shall comply with all applicable laws, rules and regulations that apply to its use of the Services, and comply with all applicable laws, rules and regulations governing export that apply to the Services.
Acceptable Use Policy
A breach of the Acceptable Use Policy will constitute a breach of these Terms of Services, and may result in termination or suspension of the Customer’s account in accordance with these Terms of Services.
Customer shall use and access the Services responsibly. Accordingly, Customer’s license hereunder shall be conditioned upon Customer not doing, attempting to do, or encouraging any third party to attempt to do any of the following when accessing and using the Services:
Use the Services for any purpose which violates applicable laws.
Reverse engineer, decompile, modify, alter, tamper with, disassemble, copy, translate, convert, apply any process to, or create any modifications, enhancements, or derivative work of any component of the Platform or the Services.
Probe, monitor, or otherwise test for vulnerabilities in any network used to provide the Services.
Introduce to the Services or any instrument thereof, any material, tangible or intangible, that contains software, viruses, or other computer codes, files or programs that are designed to disrupt, damage, limit, or interfere with the Services or any component thereof. For the avoidance of doubt, all activity that may be categorized as a precursor to any violation hereof (i.e. port scan, stealth scan, or other information gathering activity) shall also be prohibited.
Access illegally or without authorization computers, accounts or networks belonging to GitGuardian or to any other party. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is also prohibited.
Breach or otherwise circumvent any security measures put in place by GitGuardian.
Use manual or automated software, devices, or other processes to “crawl” or “spider” the site or any features of the Services.
Modify, integrate, or incorporate any part of the Services into a product manufactured or sold by Customer, except with express written authorization of GitGuardian;
Distribute, disclose, publish, assign, share, lend, or otherwise allow use of the Services by any third party, except as expressly permitted by these Terms.
Transfer, rent, assign, sublicense, or allow the use of the Services.
Disseminate content which:
1. is defamatory, obscene, vulgar, pornographic, sexually explicit, abusive, or otherwise illegal;
2. is intended to threaten or abuse a particular person or class of persons;
3. Discriminates on the basis of, or is or may be offensive to persons of a particular race, religion, nationality, gender (including sexism), sexual preference, age, region, disability, etc.; or
4. Constitutes hate speech.
Ownership and Intellectual Property
Ownership of Services, IP, and Data
The Services, including but not limited to the Platform, API and all documents, data, know-how, methodologies, software, and other materials developed or acquired by GitGuardian for performance of the Services are the sole and exclusive property of GitGuardian, and are protected by copyright, trademark, design and models, trade secret, patent, and other U.S. and foreign laws. These terms do not grant Customer any right, title, and interest in and to the Services (except to the extent Customer is granted a license hereunder), or to any trademarks, logos, or other brand features which are part of the Services.
Ownership of Derivative Works
Customer accepts and agrees that any modifications, enhancements, or derivative works of the Services or any part thereof shall be the sole and exclusive property of GitGuardian (the “Derivatives”). Customer hereby irrevocably assigns to GitGuardian all right, title, and interest, throughout the universe, in and to the Derivatives, including, without limitation, all intellectual property rights therein that may inure to Customer or that Customer is deemed to obtain pursuant to these Terms.
Ownership of Feedback and Suggestions
It is expressly understood, acknowledged and agreed that Customer may, but is not obliged to, provide GitGuardian with suggestions, comments and feedback regarding its products and services, including, but not limited to, usability, bug reports, new services, new business model and test results (collectively, “Feedback”). The parties agree that the Feedback shall be considered the property of, and may be used by, GitGuardian without any obligation to Customer. Customer waives any right, title, and interest in and to such Feedback.
Availability of Services and Support
“Authorized User” means an individual employee, agent or contractor of Customer or Customer’s Affiliate for whom subscriptions to Services have been purchased pursuant to the terms of this Agreement, and who has been supplied user credentials for the Services by Customer or the Customer’s Affiliate (or by GitGuardian at Customer’s or a Customer’s Affiliate’s request).
“Available”: The Service will be deemed “available” so long as Authorized Users are able to login to the Service interface and access monitoring data over the internet; “Availability” has a correlative meaning. Availability is assessed from the point where the Services are made available from GitGuardian’s hosting provider and measured in minutes over the course of each calendar month during the Term of this Agreement.
“Exceptions” means any of: (a) Customer’s breach of this Agreement; (b) Customer’s failure to configure and use the Services; (c) failures of, or issues with, Customer’s Environment; (d) Force Majeure Events; (e) GitGuardian’s suspension of Authorized Users’ access to the Services; or (f) maintenance during a window for which GitGuardian provides notice by email or through the Services in advance.
Service level commitment
GitGuardian commits to make the Services Available at least 99% of the time, exclusive of any time the Services are not Available as a result of one or more Exceptions (the “Availability Standard”).
Force Majeure Event
Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments), when and to the extent such failure or delay is caused by acts of God; flood, fire or explosion; war, terrorism, invasion, riot or other civil unrest; embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force Majeure Event”), in each case, provided the event is outside the reasonable control of the affected Party, the affected Party provides prompt notice to the other Party, stating the period of time the occurrence is expected to continue, and the affected Party uses diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
The Services allow Customer to deliver Customer Content to their users via the Services. Customer represents and warrants that such Customer Content shall not infringe on the intellectual property rights of others. Additionally, Customer shall comply with the terms of the Acceptable Use Policy.
Customer Content which it posts, disseminates, or otherwise directs via the Services, and for the use of the Customer Data which it gets from the Services and shall fully indemnify, defend and hold GitGuardian harmless from any liability and expenses in connection with any action brought by a third party relating to any Customer Content and Data.
The Customer represents and warrants that the Customer Content contains nothing that is defamatory or indecent.
The Customer represents and warrants that it is not aware of any circumstances likely to give rise to breach of any of the data protection rights of its customers in providing the Customer Content to GitGuardian for the purposes of this Agreement.
Disclaimer of Warranties
GitGuardian PROVIDES THE SERVICES AND ALL FEATURES AND COMPONENTS THEREOF ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GITGUARDIAN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SERVICES OR ANY COMPONENTS THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SUCH DISCLAIMER SHALL INCLUDE WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT THE SERVICES WILL PERFORM TO ANY PARTICULAR STANDARD OR BE FREE FROM BUGS, ERRORS OR REMAIN UNAFFECTED BY COMPUTER VIRUSES OR OTHER SIMILAR FEATURES AFFECTING PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, GITGUARDIAN MAKES NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES AND ANY OTHER SUBJECT MATTER OF THESE TERMS. BOTH CUSTOMER AND GITGUARDIAN HEREBY DISCLAIM WARRANTY OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Money Damages Sufficient
The Customer expressly agrees that money damages are sufficient compensation for any harm suffered in accordance with these Terms. Accordingly, the Customer expressly disclaims any right to non-monetary relief, including, but not limited to, equitable or injunctive relief, in connection with any dispute arising from these Terms. The foregoing shall not in any way limit any rights or remedies, including, but not limited to, equitable or injunctive relief, which GitGuardian may have in connection with any dispute arising under these Terms.
Limitation of Liability
GITGUARDIAN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY USE OF THE SERVICES OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS OR COST TO PROCURE SIMILAR GOODS OR SERVICES. GITGUARDIAN SHALL NOT BE LIABLE TO ANY PARTY FOR FAILURE TO FULFIL ITS OBLIGATIONS HEREUNDER IF SUCH FAILURE IS IN ANY WAY DUE TO: (I) THE CUSTOMER’S (OR ANY THIRD PARTY AUTHORIZED BY CUSTOMER) MISUSE OF THE SERVICES, OR ANY COMPONENT THEREOF (II) THE CUSTOMER’S (OR ANY THIRD PARTY AUTHORIZED BY CUSTOMER) UNAUTHORIZED MODIFICATION OF IT’S THE SERVICES OR ANY COMPONENTS THEREOF; OR (III) ACTS BEYOND GITGUARDIAN REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FORCE MAJEURE EVENT. NOTWITHSTANDING THE FOREGOING, GITGUARDIAN SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY BREACH OF ITS OBLIGATIONS HEREUNDER FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO GITGUARDIAN BY THE CUSTOMER.
Customer shall indemnify, defend, and hold harmless GitGuardian from any and all claims, losses, damages, expenses and costs (including all reasonably incurred legal fees) arising out of or in connection with: (i) the Customer’s (or any third party authorized by Customer) misuse of the Services; (ii) fault, negligence, or failure of the Customer (or any third party authorized by Customer) to perform the Customer’s responsibilities hereunder; (iii) claims against the Customer by any other party; (iv) Services processing of the Customer Content under this Agreement or (v) Customer’s uncured material breach of these Terms.
Relief of Obligation to Pay
Customer acknowledges that nothing herein (except for a Force Majeure Event resulting in termination of the Services for a reason other than Customer’s non-payment, or an uncured material breach of these Terms by GitGuardian which results in termination of the Services) shall relieve the Customer for its obligation to pay for the Services executed by GitGuardian.
Initial Dispute Resolution
GitGuardian aims to address all Customer concerns without the need for formal legal proceedings. Before filing a claim against GitGuardian, Customer agrees to attempt to resolve the dispute informally by contacting GitGuardian at email@example.com. GitGuardian will try to resolve the dispute informally by contacting Customer via email. If a dispute is not resolved within ninety (90) days of submission, either party may begin formal legal action, subject to these Terms.
Choice of Law
The validity, performance, construction, regulation and interpretation of these Terms shall be governed under the laws of France. The parties hereby disclaim from application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. Information learned or exchanged related to or arising out of the dispute shall be treated as confidential information by both Parties.
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Each Party hereby grants the other Party the right to disclose that it is a partner of the other Party and the right to display the other Party’s logo on its materials including, but not limited to, web site and literature; provided that either party may revoke the use of such intellectual property by providing written notice of such a decision at any time.
Waiver, Severability and Assignment
Any failure on the part of GitGuardian to enforce a provision under these Terms does not constitute a waiver of rights hereunder, including the right to take action at a later date. If any provision of these Terms is found unenforceable by any court or administrative body of competent jurisdiction, such provision shall be excluded from these Terms and the balance of this document shall be interpreted and enforced as if such provision were so excluded and shall be enforceable to the fullest extent permitted by law. Except as expressly permitted hereunder, Customer may not assign its rights under these Terms, and any such attempt shall be null and void. GitGuardian may assign any of its rights to its affiliates, subsidiaries, or its successor interest pursuant to any business associated with the Services.
By using the Services, Customer consents to GitGuardian providing it with email notices for any and all notices required under these Terms. Such notices shall be deemed received once they are sent. If Customer no longer consents to receive notification by email, it must stop using the Services.
Relationship of the Parties
GitGuardian is an independent contractor. There is no relationship of agency, partnership, joint venture, employment, or franchise between Customer and GitGuardian. Customer and its agents shall not have the authority to bind GitGuardian in any way, or to incur any obligation on its behalf, except those obligations set forth in these Terms. These terms are for the benefit of the parties and are not intended to confer upon any person or entity any rights or remedies hereunder. Nothing in these Terms shall be deemed to create any agency or partnership.