Effective Date: November 30, 2021
These “Payment Terms” apply to our commercial transactions with you, including your purchase of any Paid Service from us (as those terms are defined below). We refer to any service for which we charge a fee as a “Paid Service.” You should carefully read through these Payment Terms to understand your rights and responsibilities, as these Payment Terms constitute a contract between you and GitMind Corporation or its affiliate from which you are purchasing the Paid Service (we refer to these collectively as a “Commercial Transaction”). By purchasing a Paid Service, you agree to be legally bound by these Payment Terms. (Please see our explanation of who you are contracting with in different circumstances in the section below entitled “Who Am I Contracting With?”.) If you do not agree to the Payment Terms, then you can decide not to complete a Commercial Transaction.
You agree to receive electronically all communications, agreements, and notices that we provide in connection with any GitMind product or service (“Communications”), including by e-mail, text, in-app notifications, or by posting them on the GitMind website or through any GitMind service or product. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may update these Payment Terms from time to time. Please be sure to review these Payment Terms before you finalize any Commercial Transaction.
Autorenewal
GitMind accepts certain debit and credit cards as well as other forms of cash payment (e.g., PayPal transfers) as payment methods for Paid Services (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Paid Service and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Paid Service will be billed on or near the date of your purchase. If you purchase a Paid Service subscription that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on or near the calendar day corresponding to the commencement of your Paid Service subscription, as applicable. See “Cancellation” below for information on how to cancel a Paid Service subscription. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase, and to use the email address submitted by you to provide you with notices and disclosures relating to renewals and recurring charges. If your Paid Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), GitMind will process your payment on or near the last day of such month. (This is what we mean by paying on an autorenewal basis.) See below for information describing what you must do to change your Accepted Payment Method.
Payment of Fees; Taxes
When you elect to purchase a Paid Service from us or any third-party reseller and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Paid Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we or our reseller (as applicable) are authorized to charge you for the Paid Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the Product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Paid Service in the currency specified by GitMind (or any reseller or payment processor from which you may purchase the Paid Service) when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charges for a Paid Service are VAT-inclusive and may include certain other taxes or delivery or similar charges applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other such charge. The receipt provided to you reflecting your purchase includes VAT (if applicable) which is charged based on your location.
Our prices for a Paid Service do not include any of the third-party fees you incur in connection with using a Paid Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third-party applications or services with which you may use the Paid Service; you are responsible for selecting and managing these other services, and paying the fees for such services.
Changes in Fees
We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same Paid Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See “Cancellation” below for information on how to cancel a Paid Service subscription.
Activation Code/Coupon Code
GitMind may from time to time make available, directly or through a third party, activation codes or coupons that are redeemable for a specified Paid Service for a fixed period of time (individually, a “Activation Code/Coupon Code” and collectively, “Activation Codes/Coupon Codes”), as described in more detail below. We use the term “Promotional Subscription” to describe the specific subscription to a Paid Service obtained with the Activation Code/Coupon Code and the term “Promotional Period” to describe the duration of a Promotional Subscription. An Activation Code/Coupon Code may specify an expiration date (“Expiration Date”), after which such Activation Code/Coupon Code shall be void. GitMind is under no obligation to accept an expired or otherwise invalid or void Activation Code/Coupon Code. Activation Codes/Coupon Codes have no cash value and, except where expressly permitted by GitMind, are non-transferrable. GitMind is under no obligation to provide any compensation in connection with an Activation Code/Coupon Code.
In order to obtain a Promotional Subscription, you must be a registered Account Holder of the GitMind Service and use the registration or redemption process, and satisfy any eligibility requirements, established by GitMind in connection with the Activation Code/Coupon Code. At the conclusion of the Promotional Period, you will be required to pay the then-applicable charges for the Paid Service in order to continue using such Paid Service.
If you are already subscribed to a Paid Service when you receive an Activation Code/Coupon Code, you are still permitted to use the Activation Code/Coupon Code as long as you meet the eligibility requirements. However, since your account already has an active Paid Service subscription, there may be limitations associated with the method of your payment that prevent you from using the Promotional Subscription until your Paid Service subscription has expired. In such cases, you may choose one of the following ways to use the Activation Code/Coupon Code: (1) transfer the code to a friend or family member (if the Activation Code/Coupon Code is transferrable); (2) create an additional GitMind Service account for yourself and use the Activation Code/Coupon Code with that account; or (3) wait until after your Paid Service Subscription has expired and your account has transformed to GitMind Free before redeeming the Activation Code/Coupon Code (taking care not to miss the Activation Code/Coupon Code Expiration Date). With some payment methods, we may be able to temporarily pause your Paid Service subscription so that you may immediately take advantage of the Promotional Subscription. In such cases, your Paid Service subscription will automatically re-start after the Promotional Period and, assuming you had previously agreed to auto-renewal of your subscription, your Accepted Payment Method will be charged as you had previously agreed. See “Cancellation” below for information on how to cancel a Paid Service subscription.
Unless you have a separate contract with GitMind permitting you to distribute Activation Codes/Coupon Codes, you are prohibited from selling or otherwise distributing or transferring Activation Codes/Coupon Codes. GitMind reserves the right to invalidate any Activation Codes/Coupon Codes that have been improperly issued or distributed, and we do not owe you any compensation with respect to such Activation Codes/Coupon Codes. If an Activation Code/Coupon Code has been distributed to you by a third party (for example, connection with a third-party promotion), GitMind has no responsibility with respect to any third party product or service provided, or any marketing claims or promotional offers made, by the third party. GitMind has no obligation to provide you with any compensation, or to modify the Promotional Subscription or the Promotion Requirements in connection with any Activation Codes/Coupon Codes you obtained from a third party that was acting improperly.
Changes to Payment Methods and Account Information
You are responsible for ensuring that your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date.
If you are not the Account Holder but you control the means of payment for a Paid Service account and wish to make any change to the payment method, you must notify us by contacting Customer Support and demonstrating to our satisfaction your control of the payment method used for the Paid Service.
If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any Paid Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Paid Service subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
Cancellation of a Paid Service Subscription
You may elect to cancel a Paid Service at any time. Any cancellation of a Paid Service will be effective as of the end of the then-current billing period and subject to our Refund Policy, except as described below for an upgrade in Paid Service.
If you desire to cancel your subscription for the GitMind Paid Service, you can refer to the following guide.
Apple: How to cancel a subscription from Apple(https://support.apple.com/en-us/HT202039)
Google Play: How to cancel a subscription from Google Play(https://support.google.com/googleplay/answer/7018481)
If you purchase from our website, you can contact Consumer Support to cancel auto-renewal.
If you wish to upgrade your existing Paid Service subscription to a more expensive level of Paid Service, and if you purchased your current Paid Service directly from GitMind (and not from a reseller or payment processor), please contact Customer Support. If you have purchased a Paid Service from a reseller or payment processor, you may be required to contact the reseller or payment processor to process your cancellation request, as GitMind may have no ability to process the cancellation for you.
If you are the authorized legal representative for a deceased or legally incapacitated individual or a legal entity that has been formally dissolved or otherwise ceased to be authorized to act for his, her, or its own account (without opportunity for revival), and you wish to cancel a current Paid Service subscription for such individual or entity, you must contact Customer Support, identify the account in question and request cancellation of the Paid Service. We will cancel the Paid Service subscription if you demonstrate to our satisfaction your legal authority to act and be legally responsible for such individual or entity and your ability to validate the details of the payment method used for such Paid Service.
We may cancel any Paid Service subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Commercial Terms or any agreement with a third-party reseller or payment processor. A failure to pay occurs in any situation where GitMind has not received timely payment, including where any credit card issuer or payer bank refuses to transmit the funds that are then due, or the reseller or payment processor you have contracted with notifies us of your failure to pay. We may, at our discretion, elect not to cancel a Paid Service subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a Paid Service, we may elect to suspend your rights to use that Paid Service or we may change the type of privileges you have to a non-paid version of the service. We will endeavor to provide you notice promptly after any failure to make a payment to us in full and on time, but we are not obligated to do so.
Costs of Collection; Credit Card Chargebacks
In addition to the published fees for a Paid Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys’ fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full. If you purchase a Paid Service subscription with a credit card and then subsequently request your credit card issuer to reverse that payment, GitMind is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional Content to your GitMind service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.
Who Am I Contracting With?
If you purchase a Paid Service from us, you will be entering into a contract with one of several GitMind affiliated companies, based upon your geographical location. Those provisions regarding contracting parties and governing law continue to apply to our contracts for the GitMind Service and if you acquire or redeem an Activation Code/Coupon Code. If you elect to pay a third-party reseller or payment processing firm for any Paid Service, the contract regarding your payment will be with such third-party, but such third-party is not authorized to provide you with any contract terms or other assurances that affect GitMind’s obligations relating to our delivery of the Paid Service; our obligations to you are governed by the Terms of Service, Privacy Policy, and these Payment Terms.
In the event of a conflict, the English language version shall govern.