Please read these Terms and Conditions carefully before using this Website.

Last updated: August 18, 2016

Terms and Conditions. This Website and the Content contained on it are owned by GitLinks, Inc. (“Company”, “we”, “our” or “us”). The term “you” refers to the viewer of our Website located at www.GitLinks.com (the “Website”), and the user of Services we offer through the Website, whether you are an individual, a group, or a legal entity. If you intend to use the Website, Content or Services on behalf of a group or entity, you represent that you are authorized and empowered to bind that group or entity, including any affiliates and other users that might access the Services using your account, to these Terms and Conditions.

Along with our Privacy Policy, which can be found at www.gitlinks.com/privacy, these Terms and Conditions form a legally binding agreement between you and us. Please read both these Terms and Conditions (“Terms”) and our Privacy Policy carefully. We reserve the right to change these Terms on the Website at any time. In such an event we will contact registered users at the email associated with their accounts and provide notice of the change to the Terms before the effective date of those changes. You will be required to agree to the revised Terms prior to continued use of the Services. Any new products or services which may be developed or released subsequent to the effective date of the Terms are subject to the Terms as they are currently in effect. If you do not agree with these Terms, or if you are not authorized to bind your entity or group to this agreement, you are prohibited from using the Website, our Services and Content.

Website Use, Services and Consent. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.

In exchange for a fee, the Company will run our proprietary algorithm on open source software integrated into users’ products or platforms. We then generate a report advising users of the known weaknesses of those repositories and assigning a health score to each one. “Services”, as that term is used herein, refers to the running of the algorithm, the generation of the report, and the report itself.

Intellectual Property Rights Our Limited License to You. This Website, our Services and Content are property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. If you view, purchase or access our Website, Services or Content, you will be considered our Licensee. We hereby grant you a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

Your License to Us. When you submit to us any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

Registration. In order to use the Services, you must first log in using your GitHub.com credentials and authorize us to access the data stored in your GitHub.com account. Authorization is granted through the GitHub.com API. During the registration process and before you begin to use the Services, we will ask you to accept these Terms and our Privacy Policy. Through the registration process, you provide us read only access to your account on GitHub.com. You must have a GitHub.com account in order to use the Services. Failure to authorize access to your GitHub.com data will end the registration process, and you will be unable to use our Services. Authorization of our access to your GitHub.com account will allow us only to run a scan of the open source dependencies in the code and repositories that you have stored there, for the purposes of inventorying open source dependencies used in your product or platform.

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You agree not allow others to use your account and to safeguard the confidentiality of your account. If you become aware of any unauthorized access to your account, you agree to notify us immediately at hello@gitlinks.com.

Price. We charge a fee for the Services. You are advised of and agree to the fee at the time of registration of your account. The fee is currently $79 for one repository and an additional $9 for each additional repository. In the event the number of repositories to be searched increases, the fee is subject to increase. In addition, we reserve the right to change the fee at any time during the course of your subscription to our Services. In the event we change the fee, we will provide you with notice and an opportunity to discontinue your subscription to our Services prior to the new fee taking effect. Notice will be sent to the email address associated with your account. Our fee is billed monthly in advance and will be charged by our payment processor against the credit card you put on file with us.

Limitation of Liability and Assumption of Risk. You agree that by using our Website, Content or Services you are doing so at your own risk. Our Website, Services and Content are for your informational purposes only, and are not to be relied upon as ongoing due diligence or that which may be required prior to a merger or acquisition of company, component, code or software.

YOU AGREE THAT THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES,SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WE WERE GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, the liability of the Company, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will be limited to the greatest extent permitted by law.

You agree at all times to defend, indemnify and hold harmless the Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website or your use of our Services or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us.

Technology. We try to ensure that the availability and delivery of our Website, Services and Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website, Services or Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, Services or Content inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website, Services or Content. Every effort has been made to present you with the most accurate, up-to-date information, but because software is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Services. We assume no liability for errors or omissions on the Website, in our Services or our Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Your Conduct. You agree that you will not use our Website, Services or Conduct in any way that causes or is likely to cause the Website, Services or Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and to us.

You agree to only purchase Services for yourself or for an entity for whom you are legally permitted to do so or for whom you have obtained the express consent to provide access to their GitHub.com account, name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website, Services and Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Online Purchases. In order to use the Services, you must provide payment information. All payments are processed using our third party payment processor, Stripe, which may have its own set of terms and conditions. By authorizing your method of payment, you agree to Stripe’s terms and conditions, which can be accessed by visiting Stripe’s website. We have no responsibility or liability for the independent policies of the payment processing company.

You release us, our affiliates and our payment processing company from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Termination. You may terminate your account at any time and for any reason. In the event you terminate the Services, your subscription terminates at the end of the last day of the term for which you have paid. Refunds are not available, but you will continue to retain access for the duration of the period for which you have paid.

We reserve the right in our sole discretion to refuse or terminate your access to the Website, Services and Content, in full or in part, in the event you are in breach of any provision of these Terms. In such an event, we will provide you with notice of termination, but will not refund any fee that you have paid.

The restrictions imposed on you in these Terms with respect to the Website, Services and Content will still apply now and in the future, even after termination by you or us.

Miscellaneous. These Terms are governed by laws of the state of New York, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Service shall be the state and federal courts located in New York County, New York and each party hereby consents to the exclusive jurisdiction and venue of such courts. These Terms, together with our Privacy Policy and any other legal notices we have published on the Service, constitute the entire agreement between you and us regarding this Service. If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply. The rest of these Terms will still be in effect. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights, or the right to enforce any right at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by us without restriction.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

If you have any questions about these Terms, please contact us at hello@gitlinks.com