Effective Date: November 11, 2023
Please read these Terms of Service ("Terms") carefully before using Commitspark. These Terms constitute a legally binding agreement between you ("User", "you") and Zwei Hoch Zehn UG (haftungsbeschränkt) ("Commitspark", "we", "us", or "our").
Definitions
"Commitspark Services" means the software-as-a-service (SaaS)-based content management functions, programs and services provided by Commitspark to you, including any future updates, revisions, APIs and supporting documentation.
"Git Platform" means any third-party online software service providing functions, programs and services related to storage, hosting and collaboration for data, workflows and functionality related to the Git version control software.
"AI Services" means any third-party online software service providing functions, programs and services related to generation and processing of data by language models and similar machine learning techniques.
Acceptance of Terms
By using the Commitspark Services, you agree to be bound by these Terms, including any additional guidelines, policies, or rules applicable to specific features or services offered by Commitspark. If you do not agree to these Terms, you must not use the Commitspark Services.
License
Commitspark grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Commitspark Services solely for the purpose of managing and creating content, as well as of collaborating on managing and creating content. You must not use the Commitspark Services for any other purpose, including but not limited to, reverse engineering, copying, or distributing any portion of the Commitspark Services without our prior written consent.
User Accounts
Access to the Commitspark Services requires signing in with an account of a Git Platform that the Commitspark Services support. By signing in with a Git Platform account, you confirm to have agreed to and are bound by the terms of service of the Git Platform, in addition to the Commitspark terms of service.
The User is responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Commitspark is not liable for any damages or losses resulting from the User's failure to comply with this obligation.
Payment and Billing
Certain features of the Commitspark Services may be offered on a paid subscription basis. You agree to pay all fees and charges incurred in connection with your use of the Commitspark Services, including any applicable taxes. Commitspark reserves the right to change its fees at any time upon notice to you.
Content Ownership and License
You retain ownership of all content and information that you create, store, and manage using the Commitspark Services. However, by using the Commitspark Services, you grant Commitspark a worldwide, non-exclusive, royalty-free, and perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content and information for the purpose of providing and improving the Commitspark Services.
You acknowledge that the Commitspark Services require use of a Git Platform in order to provision you with the Commitspark Services. You acknowledge and agree that any content and information you create, store, and manage using the Commitspark Services is transferred to, processed on and stored on the Git Platform which you use to access the Commitspark Services and that you have the rights to authorize this transfer, processing and storage and that you provide authorization for this transfer, processing and storage to Commitspark with acceptance of these terms.
You acknowledge and accept that after Termination of the Commitspark Services as defined below, the content and information you created, stored and managed using the Commitspark Services may continue to be processed and stored on the Git Platform you used to access the Commitspark Services and that it is neither the obligation nor responsibility of Commitspark to protect on or remove from the Git Platform such content and information.
By submitting an AI assistance request you agree to be bound by the terms and conditions of the AI Service provider. You acknowledge and accept that content generated and/or modified by AI Services may be subject to additional terms and that it is your sole responsibility to comply with these terms and neither the obligation nor responsibility of Commitspark.
Confidentiality of Submitted Content and Information
You acknowledge that the Git Platforms utilized by Commitspark offer features such as public repositories where submitted content and information becomes public. You are solely responsible for determining prior to submission of any content or information whether or not the content or information you are about to submit can and/or would become public on the Git Platform. You agree that Commitspark cannot be held accountable for any damages resulting from disclosure of any content or information resulting from submissions where content or information becomes public on a Git Platform due to your actions, either directly or indirectly.
You acknowledge that the AI Services made available through Commitspark may receive copies of parts of or all of your content when submitting requests to an AI assistance feature offered by Commitspark. You are solely responsible for determining prior to submission of any AI assistance request whether or not you have all required permissions and rights to make such a request and that parts of or all of your content will become subject to the data processing terms of the AI Service provider.
In case of doubt about confidentiality of submitted content and information, you agree not to submit any content or information to the Commitspark Services. You also acknowledge that you are bound by the terms and conditions of the Git Platform you used to access the Commitspark Services and that any submitted content or information may additionally be subject to the terms and conditions of the Git Platform.
Intellectual Property
Commitspark and its licensors own all right, title, and interest in and to the Commitspark Services, including all intellectual property rights such as patents, copyrights, trademarks, trade secrets, and other proprietary rights. You must not use or reproduce any Commitspark trademarks or logos without our prior written consent.
Limitation of Liability
Commitspark shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms or your use of the Commitspark Services, including but not limited to, loss of profits, data, or use. Commitspark's total liability under these Terms shall not exceed the fees paid by you, if any, to Commitspark in the twelve (12) months preceding the event giving rise to such liability.
Indemnification
You agree to indemnify, defend, and hold Commitspark and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Commitspark Services, your violation of these Terms, or your violation of any third-party rights.
Warranties and Disclaimers
THE COMMITSPARK SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. COMMITSPARK HEREBY DISCLAIMS WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, COMMITSPARK DOES NOT WARRANT THAT THE COMMITSPARK SERVICES WILL OPERATE WITHOUT INTERRUPTION, OR MEET ANY SPECIFIED SERVICE LEVEL, OR BE FREE OF ERRORS. IN CASE OF CONFLICT OF THIS DISCLAIMER WITH APPLICABLE LAW, THE EXTEND AND DURATION OF ANY APPLICABLE WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER THAT LAW.
Termination
These terms of service shall remain in effect until terminated by either party.
A User may terminate this agreement at any time by signing out of the Commitspark Services and ceasing to use the Commitspark Services.
Commitspark reserves the right to terminate this agreement at any time for any reason, including, but not limited to, violation of these terms of service, inactivity, or if Commitspark believes that a User's conduct may be harmful to Commitspark. Upon termination, all licenses and rights granted to the User shall immediately terminate, and the User shall immediately cease using the Commitspark Services. Commitspark shall not be liable for any damages resulting from the termination of this agreement.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Germany, without giving effect to its conflict of laws principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Germany.
Changes to Terms
Commitspark reserves the right to modify these Terms of Service at any time. Users will be notified of any changes to these terms via email or through a notification on the Service. If a user continues to use the Commitspark Services after the changes have been made, they are deemed to have accepted the new terms.
User Conduct
Users must comply with all applicable laws and regulations while using the Commitspark Services. Users are solely responsible for the content and information that they create, store, update, or delete using the Commitspark Services. Users must not use the Commitspark Services for any unlawful or unauthorized purpose.
Intellectual Property Rights
Commitspark respects the intellectual property rights of others and expects its users to do the same. Users are prohibited from using the Commitspark Services to infringe upon any intellectual property rights.
Export Controls
You are solely responsible for ensuring that your use of the Commitspark Services is in compliance with all applicable export and import laws and regulations, including but not limited to EU and US export control regulations and economic sanctions programs. You may not use the Commitspark Services if you are located in a country that is subject to a US or EU government embargo or that has been designated by the US or EU government as a “terrorist supporting” country, and you are not listed on any US or EU government list of prohibited or restricted parties. By using the Commitspark Services, you represent and warrant that you are not located in any such country or on any such list. You agree to comply with all applicable export laws, restrictions and regulations and you will not export, re-export, divert, transfer or disclose any portion of the Commitspark Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
Privacy
Commitspark is committed to protecting the privacy of its users. The collection, use, and disclosure of personal information by Commitspark is governed by its Privacy Policy, which is available on the Commitspark Services website.
Security
Commitspark takes the security of its Commitspark Services and the data of its users seriously. Commitspark uses industry-standard security measures to protect the Commitspark Services and the data of its users. However, no security system is completely foolproof, and Commitspark cannot guarantee the security of the Commitspark Services or the data of its users.
Trademarks
"Git" is a registered word trademark of Software Freedom Conservancy.