Effective Date: March 1st, 2024
To use GitMind Planet Services (hereinafter referred to as “the Service”), please read, understand, and comply with the “GitMind Planet Service Agreement” (hereinafter referred to as “this Agreement”). This Agreement is mutually entered into by you and GitMind’s parent company, Wangxu Technology Co., Ltd., and holds equal legal efficacy for both parties. In this Agreement, especially terms displayed in bold, which may have significant relations with your rights and interests, please pay close attention and read carefully. If you believe any term in bold within this Agreement may impair part or all of your rights or interests, please read it again carefully, and continue to use the Service only if you have understood and accepted the terms in bold. If you disagree with any or all of the terms of this Agreement, please refrain from proceeding in any confirmatory manner (including but not limited to payment actions/accepting gifts, or completing the process of becoming a member of the Planet without raising any objections to this Agreement to GitMind) or from using the Service. Once you proceed in a confirmatory manner or use the Service, it signifies that you have reached an agreement with GitMind, voluntarily accept, and comply with all the terms under this Agreement. If you are a minor, please carefully read and confirm whether you agree to this Agreement under the accompaniment, guidance, and explanation of your guardian.
I. Acknowledgment of Terms
- This Agreement, along with the Privacy Policy, Terms of Service, and other agreements listed on the GitMind website/client/APP, are an inseparable part. GitMind highly values your privacy and personal information, adhering strictly to the requirements of our country’s laws and regulations to protect your privacy and personal information rigorously. You can view the Privacy Policy and Terms of Service at the login interface, under the login method, or after logging in, by proceeding to About Us to view the aforementioned agreements. While using this Service, you shall comply with this Agreement and the aforementioned agreements.
- When creating planets involving companies, enterprises, or other organizations, we may require you to provide the necessary qualifications (such as a business license, or authorization letter) to prove compliance.
- In the case of creating planets relating to specific industries or specific groups (such as lawyers, teachers, and doctors), we may also require you to provide necessary qualifications (such as certification) to prove compliance.
II. Rights Ownership
All rights, including intellectual property rights related to the Service, are legally owned by GitMind. Your use of the Service does not automatically grant you any of the aforementioned rights.
III. Behavioral Norms
1. Planet Owner and Administrator Behavioral Guidelines
- Planet owners and administrators must assume responsibility for managing the planet, uphold intellectual property rights within their jurisdiction, monitor member behavior, promptly halt violations, and refer any violations or suspected violations to support@gitmind.com or other appropriate authorities for handling.
- Planet names and content must not contain offensive language, ethnic discrimination, racism, hate speech, explicit sexual content, or any other forms of offensive expression.
- Planet names and content must not engage in unfair competition by exaggerating or misleading promotional activities.
- Planet names and content must not infringe upon the intellectual property rights of others.
- Planet owners and administrators must adhere to all other relevant laws and regulations.
2. Planet Member Behavioral Guidelines
- Planet members may join planets of interest via invitation links provided by the planet owner or administrator on GitMind. By joining, members acknowledge and agree to abide by the specific rules set by the planet owner or administrator, including but not limited to event rules, as well as applicable laws and regulations and this Agreement. If no rules are established or if they are unclear, this Agreement shall govern.
- Planet members are advised to exercise caution when evaluating the service qualifications and capabilities of other parties. They must make informed decisions about joining planets and utilizing services offered by the planet owner or administrator, assuming all associated risks.
IV. Breach of Contract and Liability
- During the use of this Service, the following behaviors will be recognized as a breach of contract: (1) Violation of the stipulations of this Agreement; (2) Violation of the laws, regulations, rules, and ordinances of your country or any standards having legal effect; (3) Using this Service for illegal gains, such as exploiting software vulnerabilities for profit or reselling files within a planet; (4) Engaging in activities recognized by relevant authorities as infringing on the lawful rights of any third party; (5) Including but not limited to violating GitMind’s intellectual property rights, any act that infringes upon the legitimate interests of GitMind.
- It is also noteworthy that you (including your speech and actions) should comply with public order, respect social morality, not endanger network security, advocate terrorism, extremism, national hatred, ethnicity discrimination, spread violent, obscene information, fabricate or spread false information to disturb economic and social order or infringe upon others’ reputation, privacy, intellectual property, and other lawful rights and interests.
- Under any circumstances, once GitMind reasonably believes you engage in the aforementioned behaviors, due to the necessity of maintaining network security, public order, etc., GitMind has the right, at any time, without prior notice, to take one or more of the following measures: (1) Use technical means to delete or block information causing the breach of contract; (2) Suspend or terminate part or all of the Service.
- If the Service is suspended or terminated due to your breach of contract, GitMind is not required to refund any fees to you, and you shall bear the losses within your account (including but not limited to the reduction, disappearance of user data, etc.). Additionally, you shall fully compensate GitMind for its losses (including but not limited to attorney fees, litigation fees, etc.).
V. Suspension or Termination of this Agreement
This Agreement shall be suspended or terminated in the following circumstances: (1) Upon your request; (2) If you engage in any behavior that violates the laws and regulations of your country, the provisions of this Agreement, or other actions severely affecting GitMind’s reputation and interests; (3) As required by laws, regulations, or competent authorities; (4) Should GitMind need to maintain the emergency account and system security; (5) In case of force majeure (unforeseeable, unavoidable, and insurmountable objective situations, such as typhoons, floods, earthquakes, tsunamis, wars, strikes, etc.); (6) Other circumstances.
VI. Applicable Law and Dispute Resolution
The interpretation, validity, and resolution of disputes under this Agreement shall be governed by the laws and regulations of Mainland China. Should any disputes arise from this Agreement, the parties shall endeavor to resolve them through friendly negotiation. Should negotiation fail, you agree to submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) by its arbitration rules. The arbitration award shall be final and binding on all parties to the dispute. If the arbitral tribunal rules any provision or any part of these terms unenforceable, the remaining provisions or parts of these terms shall remain fully effective.
Special Notices:
- GitMind reserves the right to adjust existing membership terms, prices, and related content according to user demand, product, and service changes, to continuously improve and optimize services. If you have any questions about the contents of this Service Agreement, you may email support@gitmind.com.
- GitMind may modify (including changes, additions, or reductions of respective terms) this Agreement due to business needs, legal requirements, etc. Once this Agreement is modified, GitMind will publish the modified terms through system prompts and/or information push and/or backend announcements and/or pop-up windows, etc. Please ensure you carefully read the modified terms. Should you have any questions regarding the modifications of this Agreement, you may stop using the Service and consult customer service to better protect your rights. Importantly, the updated Agreement becomes effective on the day of its publication. Continuing to use the membership services indicates you have agreed to all the changes. The updated Agreement becomes effective from the date specified at the beginning of the document.
- All titles within this Agreement are intended solely for convenience and ease of reading and understanding and have no legal significance. They cannot be used as the basis for interpreting any clause or phrase in this Agreement.
- If any provision of this Agreement becomes invalid or unenforceable for any reason, it does not affect the validity of the remaining provisions. The remaining provisions shall continue to bind both parties to the Agreement legally.