GitGuardian invites you to access and use the Service subject to your agreement with these GitGuardian Terms of Service (the “Terms”).
What are the Terms?
The Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GitGuardian SAS (“we,” “us” or “our”), concerning your access to and use of the free version of the GitGuardian internal monitoring solution for individual developers or teams under 25 developers (collectively, the “Services”).
By accessing or using the Services, you accept these Terms and you agree to comply with them. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Who May Use the Services?
You represent that (i) you are lawfully able to enter into contracts, (ii) if you are using the Services for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent, and (iii) you are at least 13 years old or the age of majority in the jurisdiction where you reside or where you are currently using or accessing the Services.
If we learn that you are under the age of 13, we will terminate your account immediately. If you have not reached the age of majority in your jurisdiction, your parent or legal guardian must agree to our Terms on your behalf. Please ask your parent or legal guardian to read these Terms with you. If you are a parent or legal guardian of a user under the age of majority, when you accept these Terms, you agree that you are subject to these Terms and responsible for any violation or misuse of the Terms by the individual under the age of majority.
Changes to these Terms
GitGuardian is constantly trying to improve the Services, therefore we reserve the right to update or modify these Terms at any time, by amending this page.
We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates.
The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you.
If you don’t agree with the new Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately. If you continue to use the Services in any way after a change to the Terms is effective, that means you agree to the new Terms.
Account setup and security
You may be required to sign up for an account and select a password and username (“User ID”) to use the Services. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without GitGuardian’s prior written permission. You may not use anyone else's account at any time, without the permission of the account holder.
You agree to keep your password confidential and will be responsible for all use of your account and password. Furthermore, you are entirely responsible for all content posted and all activities that occur under your account. You agree to notify GitGuardian immediately of any unauthorized use of your account or any other breach of security at firstname.lastname@example.org. GitGuardian will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GitGuardian or another party due to someone else using your account or User ID.
You agree not to create any account if you or your account have previously been removed or banned from any of the Services, unless GitGuardian consents otherwise.
GitGuardian Intellectual Property Rights
GitGuardian grants you a worldwide, non-sublicensable, non-transferable, non-exclusive, and revocable license for your use of the Services, but solely as necessary to benefit from the Services as per the terms and conditions of these Terms.
Any trademarks, logos and service marks (“Marks”) displayed throughout your use of or access to the Services are the property of GitGuardian or other third parties. You are not permitted to use these Marks without the prior written consent of GitGuardian or such third party.
The Services, including the GitGuardian Marks, are protected by copyright, trademark, trade secret, and other intellectual property laws. GitGuardian owns and retains all intellectual property rights in the Services and Marks. We reserve all rights not expressly granted to you in and to the Services and the Marks.
Acceptable use and Restrictions to the Site and Services
You may access and use the Services as made available to you by GitGuardian, as long as you comply with these Terms and all applicable laws and regulations.
You may not access or use the Services for any purpose other than that for which we make the Services available to you. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
These Terms limit your use of or access to the Services to individual developers or teams under 25 developers.
You will not (i) license, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit or make the Services available to any third party in any way; (ii) modify or make derivative works based upon the Services; (iii) remove or alter any proprietary markings from the Services; (iv) access the Services to build a competitive product or service, or to copy any feature or function of the Services; (v) interfere with or disrupt the integrity of performance of the Services; or (vi) attempt to gain unauthorized access to the Services or their related systems or networks (vii) reverse engineer, disassemble or de-compile the source code of the GitGuardian Services.
Feedback includes any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations, or any other feedback on the Services.
You may provide Feedback to GitGuardian regarding the Services. Feedback is voluntary. GitGuardian may fully exercise and exploit such Feedback for the purpose of (i) improving the operation, functionality, and use of GitGuardian's existing and future product offerings and commercializing such offerings; and (ii) publishing aggregated statistics about the quality of the Services, provided that no data in any such publication will be used to specifically identify you.
Updates to the Services
GitGuardian is constantly changing and improving the Services. As part of this continuous evolution of the Services, GitGuardian reserves the right, in its sole discretion, to manage, update, change, modify, suspend, discontinue, or upgrade, temporarily or permanently, part of or all of the Services, at any time, to ensure optimum performance for all Customers, or for any other purpose. GitGuardian will try to provide notice beforehand for any material updates to the Services.
These Terms will apply to such new services, features, or functionality, unless they come with separate or additional terms, in which case you will be required to agree to such separate or additional terms before being permitted to use the new services, features, or functionality. Any additional terms will become part of these Terms.
For the purposes of these Terms, "Confidential Information" means any non-generally-available personal, business, or technical information that either you or us disclose to the other, in writing, orally, or by any other means, whether or not marked as confidential, including disclosures like computer programs, code, algorithms, data, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics, and other technical, business, financial, and product development plans, names and expertise of employees and consultants, customer and end-user lists. The GitGuardian internal monitoring solution constitutes Confidential Information.
Neither you nor us will use the other’s Confidential Information, except as permitted under this Agreement. Each party agrees to maintain in confidence and protect the other party's Confidential Information using at least the same degree of care as it uses for its own information of a similar nature but in all events at least a reasonable degree of care. Each party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party's Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, "Representatives") (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with these Terms, and (iii) who are informed of the non-disclosure obligations imposed by these Terms. Each party is responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement. The restrictions set forth in these Terms will survive the termination or expiration of these Terms.
The restrictions set forth in these Terms will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document that is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party's Confidential Information.
THE SERVICES ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN ADDITION, GITGUARDIAN DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS (B) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; OR (C) THE SERVICES BE COMPATIBLE, WORK WITH, OR CONTINUE TO WORK WITH YOUR COMPONENTS.
No advice or information, whether oral or written, obtained from GitGuardian or through the Services, will create any warranty or representation not expressly made herein.
You agree to defend, indemnify, and hold harmless GitGuardian, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action, or proceeding by a third party arising out of or relating to your use of the Services, breach of these Terms (including any GitGuardian policy referenced in these Terms), or violation of law.
Limitation of Liability
EXCEPT IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, IN NO EVENT WILL (I) EITHER PARTY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR (II) EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ON WHICH THEY ARE ASSERTED. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PREVENTED BY LAW, BUT IN SUCH CASE, EITHER PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Suspension and Termination of use of Site or Services
Termination of use of Services by you
You may stop using the Services at any time, for any or no reason, by deactivating your account and discontinuing your use of the Services. It is your responsibility to properly cancel your account with GitGuardian.
Suspension and/or Termination of use of the Services by GitGuardian
GitGuardian may suspend or terminate your account or cease providing you with all or part of the Services at any time, including, but not limited to, if GitGuardian reasonably believes: (i) you have materially or repeatedly violated these Terms or all other GitGuardian policies and guidelines, (ii) you create risk or possible legal exposure for GitGuardian; (iii) your account should be removed due to unlawful conduct; (iv) you exceeded the 25 developer seat limit allowed; or (vi) the discontinuance of the Services.
In the event of a use exceeding the 25 developer seat limit, you will be subject to a subscription fee if you wish to continue accessing our solution. In this case, please contact a GitGuardian sales representative.
Effect of account termination
If you terminate your account, all licenses granted in these Terms will immediately terminate and you must stop all use of the Services.
If GitGuardian terminates your account for violation of these Terms, you may not attempt to create a new account.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, the confidentiality, intellectual property, warranty disclaimers, indemnity, and limitations of liability provisions.
Governing Law and Dispute Resolution
GitGuardian would like to try and address your concerns without needing a formal legal case. Before filing a claim against GitGuardian, you agree to try to resolve the dispute informally by sending us a written notice of dispute at email@example.com that includes your name, a detailed description of the dispute, and the relief you seek. GitGuardian will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or GitGuardian may bring a formal proceeding.
If you are domiciled in the United States, Canada, Mexico, or a country in Central or South America or the Caribbean ("Americas"), these Terms will be governed by and construed in accordance with the laws of the State of New York, as if performed wholly within the state and without giving effect to the principles of conflict of law. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the State of New York, and the parties hereby consent to personal jurisdiction and venue therein.
If your principal office is outside the Americas, these Terms will be governed by the laws of France, and any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Paris, and the parties hereby consent to personal jurisdiction and venue therein.
The parties agree that GitGuardian is an independent contractor and, as such, GitGuardian is not your partner, agent, employee, or principal. GitGuardian will not act for you or in your place for your relations with third parties. GitGuardian, not you, shall be responsible for withholding or deducting from the compensation of GitGuardian's employees, agents, and subcontractors, any sums for federal or state income taxes, social security, unemployment compensation, medical, dental, workers' compensation, or disability insurance coverage, and the like.
Neither party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
You represent that you are not named on any United States, European Union, or local government denied-party list. You will not use the Services in a United States or European Union embargoed country or in violation of any United States or European Union export law or regulation.
United States Government use
The Services are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to FAR 12.212 and DFARS 227.7202. All United States Government users acquire the Services with only those rights set forth in these Terms. Any provisions that are inconsistent with federal procurement regulations are not enforceable against the United States Government.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
GitGuardian may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent, including the license granted herein. You may not assign or delegate any rights or obligations under the Terms without GitGuardian’s prior written consent, and any unauthorized assignment and delegation by you is void.
The annulment of either of the clauses of these Terms may not entail the annulment of the same in their entirety, provided, however, that the balance and the general economy of these Terms can be safeguarded.
If you have any questions, please contact GitGuardian at firstname.lastname@example.org or by using the contact form on the Site.
Last updated: 26/06/2023.