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 www.gitguardian.com website and all linked websites (collectively, the “Site”).
By accessing or using the Site, 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 SITE IN ANY MANNER.
Who May Use the Site?
You represent that (i) you are lawfully able to enter into contracts, (ii) if you are using the Site 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 Site.
Privacy and Cookies
Changes to these Terms
GitGuardian is constantly trying to improve the Site; therefore, we reserve the right to update or modify these Terms at any time.
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, which will always be on the Site, will govern our relationship with you.
If you disagree with the new Terms, then you are expressly prohibited from using the Site, and you must discontinue use immediately. If you continue to use the Site in any way after a change to the Terms is effective, you agree to the new Terms.
GitGuardian Intellectual Property Rights
The Site may include HTML, source code, databases, messages, software, website designs, audio, video, text, photographs, graphics, works of authorship, and other content of GitGuardian or its licensors (“GitGuardian Content”).
The trademarks, logos, and service marks (“Marks”) displayed on the Site 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 Site is protected by copyright, trademark, trade secret, and other intellectual property laws. GitGuardian owns and retains all intellectual property rights in the Site, Marks, and the GitGuardian Content. We reserve all rights not expressly granted to you in and to the Site, the GitGuardian Content, and the Marks.
Provided that you are eligible to use the Site and that you accept the Terms, GitGuardian grants you a limited, revocable, non-transferable, and non-sublicensable license to access and use the Site, and to access, display, and perform any portion of the GitGuardian Content to which you have legally gained access solely for your personal, non-commercial use.
Except as expressly provided in these Terms, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use or transfer any GitGuardian Content. You may not, either directly or through the use of any device, software, online resource, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice on the GitGuardian Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the GitGuardian Content.
The Site may display, include, or make available content, data, information, applications, features, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. If you use any Third-Party Materials made available through the Site, each party’s terms will govern the respective party’s relationship with you. GitGuardian is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Site, you acknowledge and agree that GitGuardian is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. GitGuardian does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
By uploading or providing text, files, images, photos, video, sounds, software, works of authorship, or other materials to our Site (“User Content”), you hereby grant GitGuardian a limited, revocable, non-transferable, and non-sublicensable license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer, and otherwise use without restriction all or any part of such User Content. You remain the owner and shall retain all intellectual property rights in such User Content.
DMCA and Copyright Infringement
If you have reason to believe that your User Content has been copied and/or is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another site, application, destination, or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via first-class U.S. mail or email that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512): (i) identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a representative listof such works on the Site; (ii) identify the material that you claim is infringing (or to be the subject of infringing activity) and that has to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including, at a minimum, the URL of the link shown on the Site where such material may be found; (iii) provide your full legal name and your electronic or physical signature; (iv) provide information reasonably sufficient to enable us to contact you (including your name, postal address, telephone number, and, if available, email address); (v) include a statement that you have a good faith belief that the use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law, such as the following statement:“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”; (vi) include a statement that the information in the notification is accurate, and please state, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as the following statement: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Please deliver all items completed to GitGuardian at firstname.lastname@example.org. Alternatively, you may also mail the notice to Attn Legal Department, GitGuardian SAS, 54 rue de Seine, 75006 Paris, France.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
To file a counternotice, you will need to provide us with all of the following information: (i) identify the copyrighted work that GitGuardian has removed from the Site or that you are disabled from using; (ii) provide your full legal name and your electronic or physical signature; (iii) provide information reasonably sufficient to enable us to contact you (including your name, postal address, telephone number, and, if available, email address); (iv) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district of the Southern District of New York, and that you will accept service of process from the person who provided notification of infringement or an agent of such person, such as the following statement: “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district of the Southern District of New York, and that I will accept service of process from the person who provided notification of infringement or an agent of such person”; and (v) include a statement, under penalty of perjury, that you have a good faith belief that the material identified in this counternotice was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, such as the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”.
It is GitGuardian’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are found to repeatedly infringe or are repeatedly charged with infringing the copyrights of others. In addition, GitGuardian may in its sole discretion suspend, disable, and/or terminate the accounts of users who have been identified as engaging in infringing activities or for other related reasons.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY GITGUARDIAN ARE PROVIDED “AS IS” AND “AS AVAILABLE” 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 NON-INFRINGEMENT. IN ADDITION, GITGUARDIAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER GITGUARDIAN'S CONTROL.
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 Site, breach of these Terms (including any GitGuardian policy referenced in these Terms), violation of law, or any User Content that you post, upload, or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
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 SITE 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 SITE, 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.
Termination or Suspension of Use of Site
You may stop using the Site at any time, for any or no reason, by discontinuing your use of the Site.
GitGuardian may suspend or terminate your use of the Site if GitGuardian reasonably believes: (i) you have materially or repeatedly violated these Terms or all other GitGuardian policies and guidelines, or (ii) you create risk or possible legal exposure for GitGuardian, its customers, or third parties.
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.
Compliance with applicable laws
You represent that, in agreeing to and performing under these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations, or orders that are applicable to your use of the Site.
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: 23/06/2023.