Updated Date: May 10, 2024
Effective Date: May 10, 2024
Preamble
Welcome to register and use GitMind. Before using the “GitMind” software and related services, please carefully read and fully understand all the terms of this Agreement, especially the terms regarding limitations of rights, limitations or exemptions of liability, applicable laws, and dispute resolution, which are highlighted in bold for your particular attention.
1. Confirmation and Acceptance of the Service Agreement
1.1 The “GitMind” software and related services (hereinafter referred to as “GitMind” or “the Software”) are legally owned and normally operated by Wangxu Technology Co., Ltd. and its affiliated companies (hereinafter referred to as “the Company”), including the GitMind software (such as GitMind’s iOS, Android, Windows, Mac versions, etc.) and services (such as gitmind.cn, gitmind.com, etc.).
1.2 If you expressly agree or have already started using the “GitMind” software and related services, you shall be deemed as a party to this Agreement (including Privacy Policy, Cookies Policy, End User License Agreement, Planet Membership Service Agreement, etc., the same below) with the Company and be bound by the relevant agreements.
1.3 If you are a minor under the age of 18, you must carefully read and fully understand this Agreement under the companionship of your guardian, and use this Software only after obtaining the consent of your guardian.
1.4 If you have any questions, opinions, or suggestions regarding the content of this Agreement, you can contact us via email at privacy@wangxutech.com. At the same time, if you do not agree to this Agreement, it will result in the inability of this Software to provide you with complete services, and you can choose to stop using this Software. Of course, once you expressly agree to this Agreement and continue to use this Software, you shall be deemed to have accepted all the terms and conditions of this Agreement.
2. Account Registration and Management
2.1 You can register your account and use the Software by selecting an appropriate method on the login/registration page. After successfully registering, you will have a unique user ID to identify your account. You acknowledge and confirm that if you register for GitMind using different accounts you own, the data will not be shared unless you link those different accounts. Additionally, you have the right to choose a legal combination of characters as your account name and set a password that meets security requirements.
2.2 You acknowledge and confirm that the GitMind account you register is limited to your personal use only.
2.3 You acknowledge and confirm that you are solely responsible for the authenticity, legality and validity of the registration information you provide on GitMind. The account nickname, avatar and other related information you set must not contain any illegal or improper information that violates public order and good customs. You must not maliciously register GitMind accounts (including but not limited to frequent registration, batch registration of accounts, etc.). The Company reserves the right to review the registration information you submit.
2.4 You acknowledge and confirm that the ownership and related rights of the account you register on GitMind belong to the Company. After completing the registration procedures, you only have the right to use the account. Your account is limited to your personal use only. Without the Company’s written consent, you are prohibited from gifting, lending, renting, transferring, selling or otherwise permitting others to use the account in any form. If the Company discovers or has reasonable grounds to believe that the user is not the initial registrant of the account, the Company has the right to suspend or terminate services to the registered account without notifying you, and has the right to permanently disable or cancel the account without bearing any legal liability to the user who registered the account.
2.5 You have the right to cancel your GitMind account. The specific methods are: (1) Web: Click avatar – enter personal center – other settings – delete account; (2) Mobile: Click my page – settings – cancel account. You can also contact GitMind staff through the provided contact information to handle specific cancellation matters. You acknowledge and confirm that the account cancellation operation is irreversible, and all your data and information cannot be recovered. You shall be responsible for all your actions before the account cancellation.
3. User Conduct Regulations
3.1 You must not use any unauthorized plugins, add-ons, systems, programs or third-party tools to interfere with, damage, modify or otherwise impact the normal operation of the Service, including but not limited to using automated scripts (such as “robots”, “spiders” or “offline readers”) to use the Software, interact with the Service, or excessively occupy the system or network bandwidth resources of the Software, causing serious load on the system or network, servers, products or applications used by other users of the Software, affecting system fluency.
3.2 You must not use GitMind to create, upload, copy, publish, disseminate or repost the following content: (1) inciting ethnic hatred, ethnic discrimination, undermining ethnic unity; (2) spreading rumors, disrupting social order, undermining social stability; (3) disseminating obscene, pornographic, gambling, violent, homicidal, terrorist or criminal content; (4) insulting or defaming others, infringing upon others’ legitimate rights and interests; (5) infringing upon the legitimate rights and interests of minors or harming their physical and mental health; (6) disseminating commercial advertisements, or similar commercial solicitation information, excessive marketing information and spam; (7) information containing other content prohibited by the laws and administrative regulations of your country/region.
3.3 You must not engage in or conduct any activities that endanger computer network security against GitMind, including but not limited to: (1) illegally invading networks, disrupting normal network functions, stealing network data and other activities that endanger network security; (2) providing programs or tools specifically used for invading networks, disrupting normal network functions and protection measures, stealing network data and other activities that endanger network security; (3) knowingly providing technical support, advertising promotion, payment settlement and other assistance to others engaging in activities that endanger network security; (4) using unauthorized data or entering unauthorized servers/accounts; (5) entering public computer networks or others’ computer systems without permission and deleting, modifying, or adding stored information; (6) attempting to interfere with or disrupt the normal operation of GitMind, intentionally spreading malicious programs or viruses, and other acts that disrupt normal network information services; (7) forging TCP/IP packet names or partial names; (8) reverse engineering, disassembling, decompiling or otherwise attempting to discover or obtain GitMind’s source code; (9) violating the laws and regulations of your country/region, this Agreement, the Company’s relevant rules, and other acts that infringe upon others’ legitimate rights and interests.
3.4 You have the right to share the mind maps you create with specific third parties or the general public, but you should take reasonable measures such as setting a sharing password, sharing period, and specifying sharing objects to protect your legitimate rights from infringement.
3.5 You acknowledge and confirm that if you share your mind maps externally, the specific third parties or general public you confirm will have the right to read, save or further disseminate your mind maps. GitMind cannot restrict users’ reading or saving rights unless they violate laws, regulations or the provisions of this Agreement.
3.6 GitMind will make every commercial effort to ensure the security of your data, but GitMind cannot provide absolute guarantees, including but not limited to the following situations: (1) GitMind is not responsible for the deletion or storage failure of your relevant data in the Software due to reasons not attributable to GitMind; (2) You should back up the data and information stored in the Software yourself, unless otherwise agreed; (3) If you stop using GitMind (e.g., you choose to cancel your GitMind account), all your data and information will be permanently deleted and cannot be recovered.
4. Protection of Personal Information
4.1 The Privacy Policy of GitMind constitutes a fundamental and significant policy of GitMind. We place a high priority on the protection of users’ personal information and related privacy matters. You may click the above link to review the relevant terms in detail, ensuring your legal rights are not infringed upon.
4.2 GitMind may collaborate with other companies or software. Before sharing your personal information with third-party companies or software, we will obtain your explicit authorization and ensure that these third parties can undertake the same level of privacy protection responsibility as GitMind.
5. Service Content
5.1 You may download the version suitable for you from the official GitMind platform, other platforms or websites under Shenzhen Wangxu Technology Co., Ltd., or through third-party websites and application platforms authorized by GitMind. However, if you download GitMind or similarly named software from platforms not authorized by GitMind, we cannot guarantee the normal functionality of the software downloaded, nor will we be responsible for any losses incurred as a result.
5.2 The Company will provide different service versions for your various terminals and needs. You can choose the appropriate version to download and use GitMind based on your actual requirements.
5.3 You may choose to use GitMind’s free services based on your actual needs, or use the membership services after paying the membership service fee. If you are a free user, you can create up to 10 mind maps; if you are a member user, you will not be subject to a limit on the number of mind maps created, but your use will still be subject to the constraints of this Agreement’s Part III “User Conduct Regulations” and other relevant terms.
5.4 GitMind can serve as your mind map storage platform, but regarding the mind maps you create, or other content uploaded, disseminated, or provided by other users through this software, GitMind cannot and does not have the authority to provide backups unilaterally. It is particularly important for you to understand and acknowledge that even if you delete the mind maps you have created, other users may independently continue to use and allow others to use your mind maps (for example, a user may have saved a copy of your mind map in their account).
5.5 To better serve you, GitMind may periodically adjust the prices of paid services and introduce new fees for specific functions to reflect changes in commercial or legal regulations. The specific service prices will be as displayed on the GitMind membership payment page. When service prices change, we will endeavor to notify you of the adjustment of renewal fees in advance through various means (including but not limited to the official website, official discord server). Unless otherwise stated in our notification, adjustments to the fees for the same paid services will apply to the paid services you purchase after the end of your current billing cycle and will take effect the next time you pay for the paid services.
5.6 If you disagree with the new prices or other applicable fees, you may choose not to continue subscribing to the paid services. If you have opted for automatic renewal and agree to the new prices or other applicable fees, you need to follow the instructions in our notification of fee adjustment after the notification is issued and before the fees for your next billing cycle are deducted, to agree to the adjusted fees for the automatically renewed paid services. If you fail to agree in time, we will change your subscribed paid services to free services at the end of your current billing cycle and terminate your automatic renewal.
6. GitMind Planet
6.1 The Planet within the GitMind software is a service platform for specific users to share, communicate, and promote knowledge or related experience content with other qualified users. Through the technical services provided by GitMind, the Planet Owner can gather qualified users to join the Planet established by the Owner and set specific activity rules, and bear the corresponding management responsibilities for the Planet. The Planet Owner and other users shall enter into a corresponding service agreement based on this Agreement, relevant rules, and the specific activity rules of the Planet. Users who join the Planet become Planet Members and shall abide by the management of the respective Planet Owner. All parties shall fully perform their respective businesses in accordance with the service agreement. If any party suffers property or personal damage due to the performance of the service agreement, the aggrieved party shall directly claim compensation from the other party. GitMind and the Company shall not bear any compensation liability for any disputes arising from the performance of the specific service agreement between Members and the Planet Owner.
6.2 You may choose to use the free services of the GitMind Planet based on your actual needs, or use the Planet membership services after paying the Planet membership service fee. If you are a free user, you can create up to 1 Planet, with a maximum of 10 documents within the Planet, and a maximum of 5 members in the Planet; if you are a member user, you can create up to 5 Planets, with a maximum of 100 documents and 30 members in each Planet.
6.3 GitMind Planet Conduct Regulations
6.3.1 Planet Owner Conduct Regulations
6.3.1.1 The Planet Owner shall conduct Planet activities in accordance with this Agreement and autonomously set the admission conditions and specific Planet rules for the Planet while adhering to GitMind’s relevant rules. The Planet Owner shall bear the corresponding management responsibilities and joint liabilities for activities within the Planet in accordance with this Agreement.
6.3.1.2 The Planet Owner may create a name for the Planet, but the name shall comply with the following regulations, and GitMind has the right to require you to provide relevant written materials to verify the compliance of the Planet name: (1) The name shall not solely use the name of a country; (2) The name shall not solely use a publicly known place name; (3) The name shall not contain language with ethnic discrimination, racial discrimination, hatred, sexual and obscene information, or other offensive words; (4) The name shall not have exaggerated publicity and deceptive situations; (5) The name content shall not include anything harmful to socialist morality or have other adverse effects; (6) The name shall not be ambiguous in a way that could mislead users or infringe upon the legitimate rights and interests of other users or third parties; (7) The name content shall not infringe upon others’ registered trademark rights; (8) Without providing the corresponding corporate qualifications and authorization to GitMind, the name shall not include “company/group” or other words that may mislead users into believing that the Planet was established or controlled by a company; (9) The name content shall not violate the current laws, regulations, and normative documents of your country/region in any other way.
6.3.1.3 The Planet Owner and Planet Members shall not violate Article 3 of this Agreement on User Conduct Regulations when using the GitMind Planet service to publish, transmit, or disseminate any content. The Planet Owner shall specifically agree and promise to guarantee the quality and legality of the content published by the Owner in the Planet to users and GitMind. If the Planet Owner violates this Agreement and the commitments made to users, resulting in losses to users or GitMind or the Company (including but not limited to any compensation, indemnification, fines, etc.), the Planet Owner shall be responsible for fully compensating users or GitMind for all direct or indirect losses suffered as a result.
6.3.1.4 The Planet Owner shall ensure that they have complete and effective intellectual property rights or have obtained complete, legal, and effective intellectual property authorization and/or have obtained the corresponding legal qualifications to provide services, and have provided the corresponding qualification certifications to GitMind as required by these rules. The Planet Owner understands and agrees that to ensure a civilized, healthy, and harmonious Planet ecosystem, the Planet Owner shall comply with the following provisions when creating, copying, publishing, and disseminating information content, and shall bear the responsibility of supervising the Planet Members’ behavior of creating, copying, publishing, and disseminating information content within the scope of the created Planet to ensure compliance with the following provisions: (1) Prohibit the publication of information content explicitly prohibited by the laws and regulations of your country/region; (2) Prohibit the publication of any content that may infringe upon rights or cause public offense; (3) Prohibit the publication of content that does not comply with the management rules of this Agreement.
6.3.1.5 The Planet Owner promises not to use the GitMind Planet service to engage in activities that violate laws and regulations, interfere with GitMind’s normal operations, infringe upon the legitimate rights and interests of other users, or infringe upon the legitimate rights and interests of any other third parties.
6.3.1.6 The Planet Owner promises that the Planets they establish shall comply with the requirements of laws, regulations, and relevant rules of the GitMind platform, and shall not establish or operate Planets containing illegal content, obscenity, infringement of personal information/privacy, infringement of intellectual property rights, or other forms that endanger national security, public interests, or the legitimate rights and interests of any third party. The Planet Owner promises that the services they provide in the GitMind Planet shall comply with the provisions of current laws and regulations.
6.3.1.7 In the process of providing services to Members, the Planet Owner shall fully respect and make their best efforts to protect the property rights, personal rights, and other legitimate rights and interests of users. If the Planet Owner causes property loss and/or personal information/privacy leakage to Members, the Planet Owner shall independently bear the losses caused thereby.
6.3.1.8 Planet Owner Penalty Rules: (1) If the Planet Owner violates this Agreement or other service rules published and updated by GitMind, and is complained about by other users or GitMind independently discovers the aforementioned breach of contract, GitMind has the right to independently judge the degree of violation by the Planet Owner and impose penalties on the violating Planet Owner and the corresponding Planet without bearing any liability for breach of contract. Specific penalties include but are not limited to: banning all documents and functions within the Planet, forcibly disbanding the Planet, canceling the Planet Owner account, and announcing the handling results; (2) If GitMind or the GitMind Planet is claimed for breach of contract or infringement by users or other third parties due to the Planet Owner, the Planet Owner shall, at GitMind’s request, bear the costs of applying to the dispute resolution institution as a third party to resolve the dispute, and shall bear all losses suffered by GitMind as a result; during the dispute resolution process, unless GitMind agrees, the Planet Owner shall not make any acknowledgments or settlements on behalf of GitMind.
6.3.2 Planet Member Conduct Regulations
6.3.2.1 Planet Members can join the Planets they are interested in on GitMind through the invitation link provided by the Planet Owner, to obtain the content shared by Planet Members and share content with Members. You acknowledge and confirm that the Planet Owner has the right to formulate specific rules for the Planet, including but not limited to Planet activity rules. After confirming to join the relevant Planet, you shall also abide by the corresponding laws and regulations, this Agreement, and the specific rules formulated by the Planet Owner. If the Planet Owner has not formulated Planet rules or the Planet rules are not clearly stipulated, this Agreement shall apply.
6.3.2.2 As a technical service platform, we will not actively review the content published by the Planet Owner and Planet Members within the Planet. Planet Members should exercise discretion in judging whether the other party has the relevant service qualifications and the ability to meet your needs, and decide whether to join the Planet to enjoy the services provided by the Planet Owner. Planet Members shall bear all risks related to this.
7. Intellectual Property Rights
7.1 The intellectual property rights of the content provided by the Company in the GitMind software and related services (including but not limited to software, technology, programs, webpages, text, pictures, images, trademarks, logos, audio, video, charts, layout designs, electronic documents, etc.) belong to the Company. Simultaneously, the copyrights, patents, trademarks, and other intellectual property rights of the software upon which the Company provides services belong to the Company. Without the Company’s permission, no person shall use (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, or downloading the content in the GitMind software and related services through any robots, spiders, or other programs or devices) the content without authorization.
7.2 Under no circumstances shall you privately use any of the Company’s trademarks, service marks, trade names, domain names, website names, or other distinctive brand features, including but not limited to “GitMind,” “Thinker,” “gitmind.cn,” “gitmind.com,” “wangxutech.com,” “Wangxu,” etc. (hereinafter collectively referred to as “Marks”). Without the Company’s prior written consent, you shall not display, use, or apply for trademark registration or domain name registration of the aforementioned Marks in this clause, either individually or in combination with any other elements, nor shall you engage in any conduct that explicitly or implicitly indicates to others that you have the right to display, use, or otherwise handle such Marks. If your violation of this Agreement in using the Company’s trademarks, Marks, etc., causes losses to the Company or others, you shall bear all legal liabilities.
8. Terms for Minors
8.1 If you are a minor under the age of 18, you must carefully read and fully understand this Agreement under the accompaniment of your guardian, and use this Software only after obtaining the consent of your guardian. If you have not obtained the consent of your guardian, your guardian has the right to handle your account through GitMind’s contact methods, including but not limited to restricting commenting, sharing, and other functions.
8.2 You and your guardian acknowledge and confirm that if you violate the provisions of the laws and regulations of our country during the use of this Software, you and your guardian shall bear all legal liabilities arising therefrom.
8.3 You and your guardian acknowledge and confirm that the use of this Software may involve paid services. Please have your guardian properly handle, keep safe the payment devices, payment accounts, and payment passwords, etc., to avoid minors engaging in consumption behaviors that do not match their cognitive abilities.
8.4 Youth users must abide by the “National Youth Internet Civilization Pact”: (1) Be adept at online learning, do not browse undesirable information; (2) Communicate honestly and friendly, do not insult or defraud others; (3) Enhance self-protection awareness, do not casually meet online friends; (4) Maintain network security, do not disrupt network order; (5) Benefit physical and mental health, do not indulge in virtual space.
9. Limited Liability and Disclaimer
9.1 You acknowledge and confirm that GitMind does not guarantee, including but not limited to, the following situations: (1) That this Software and related services can fully meet your usage needs or expectations; (2) That this Software and related services will not experience interruptions; (3) That any errors occurring in this Software and related services can be corrected.
9.2 You acknowledge and confirm that if you download GitMind or similarly named programs/software from websites or platforms not authorized by GitMind, GitMind cannot guarantee their normal operation, and GitMind shall not be responsible for any losses you incur from using such programs or software.
9.3 You acknowledge and confirm that GitMind shall not bear any responsibility for interruptions or other defects in this Software and related services caused by force majeure or other similar reasons, but GitMind will make every commercial effort to mitigate the damages caused by the above situations. Force majeure includes but is not limited to natural disasters, social events, government actions, etc.
9.4 As a network service provider and information storage space, GitMind cannot and has no authority to substantively review the content you output. The information and personal data you share externally during your use of GitMind may be copied, reposted, tampered with, or used for purposes unrelated to your sharing purpose by others. You are fully aware of the existence of such risks and confirm that you shall bear all such risks, and GitMind shall not bear any responsibility.
9.5 The Company’s services may include links to third-party websites or services, which are not owned or controlled by GitMind. We cannot control the content, privacy policies, or practices of any third-party websites or services, and we shall not bear any responsibility. Therefore, when browsing third-party websites, you will bear the risks and responsibilities yourself. We strongly recommend that you read the terms, guidelines, and privacy policies of the third-party websites or services you visit.
9.6 Whether or not you have chosen to automatically renew paid services, you can cancel your subscribed paid services at any time. Since the paid services you subscribe to are virtual services, the cancellation will take effect after the end of the current billing cycle, and the fees you have paid will not be refunded.
10. Liability for Breach of Contract
10.1 For your conduct in violation of this Agreement or other agreements previously reached with the Company, the Company has the right to independently judge and take measures as appropriate, including but not limited to prior warning, refusal to publish, immediate cessation of information transmission, deletion of content or comments, short-term prohibition of publishing content or comments, restriction of partial or all account functions up to termination of services, and permanent account closure. For consequences resulting in your inability to normally use the account and related services, or inability to normally access assets or other rights within your account, the Company shall not bear any responsibility. The Company has the right to announce the handling results and decide whether to restore the use of the relevant account. For suspected illegal conduct, the Company will retain relevant records and has the right to report to the competent authorities, cooperate with investigations, file cases with public security organs, etc. The Company has the right not to restore deleted content.
10.2 If your breach of contract results in complaints or claims for compensation from third parties, you shall handle it yourself and bear all legal liabilities that may arise therefrom. If the Company has to compensate or be penalized by any third party due to your illegal or breach of contract conduct, you shall also fully compensate the Company for all losses suffered.
10.3 The Company respects and protects the legitimate rights and interests of users and others, including intellectual property rights, rights of reputation, rights of name, privacy rights, etc. You guarantee that the text, pictures, videos, links, etc. uploaded during your use of GitMind do not infringe upon any third party’s intellectual property rights, rights of reputation, rights of name, privacy rights, or other rights and legitimate interests. Otherwise, the Company has the right to remove the suspected infringing content upon receiving notice from the rights holder or relevant party. For all rights claims raised by third parties, you shall handle them yourself and bear the legal liabilities that may arise; if the Company suffers losses (including but not limited to economic, reputational, etc.) due to your infringing conduct, you shall also fully compensate the Company for all losses suffered.
11. Other Provisions
11.1 Regardless of any reason that renders any provision of this Agreement invalid or unenforceable, it shall not affect the validity of the remaining provisions, which shall remain legally binding on both parties to this Agreement.
11.2 GitMind has the right to modify part or all of the terms of this Agreement in accordance with laws, regulations, policies, requirements of competent authorities, or the Company’s operational needs. However, for any updates to this Agreement, GitMind will prominently prompt you to read them, and continue to provide services to you upon obtaining your confirmation. Of course, if you refuse to accept GitMind’s updated agreement, you have the right to stop using the GitMind software and related services. If you continue to use them, it shall be deemed that you agree to and accept the relevant updates or modifications.
11.3 The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of Mainland China.
11.4 If any disputes arise from this agreement, the parties shall make every effort to resolve them through friendly negotiation. If negotiation fails, you agree to submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) in accordance with its arbitration rules. The arbitration award shall be final and binding on all parties to the dispute. If the arbitral tribunal rules that any provision or any part of these terms is unenforceable, the remaining provisions or parts of these terms shall remain fully effective.
11.5 The headings of all provisions in this Agreement are for the convenience of reading only and shall not have any substantive meaning or serve as a basis for interpreting the meaning of this Agreement.
11.6 Any matters not mentioned or claimed by GitMind in this Agreement shall not be construed as GitMind’s waiver of the relevant provisions or rights.
11.7 For ease of reading and understanding, this Agreement will be translated into multiple language versions. In case of any conflicts between different versions, the Chinese version of the Service Agreement shall prevail.