GitCode Terms of Service

Effective Date: September 15, 2023

Important Notice:

The GitCode platform (hereinafter referred to as "the Platform") is operated and provided by Chongqing Open Source Co-Creation Technology Co., Ltd. (hereinafter referred to as "GitCode" or "we"). The Platform is an open public platform primarily aimed at providing code hosting and open-source project management services.

We specially remind you that before registering, logging in, and using the Platform services, please read the complete and carefully this GitCode Terms of Service (hereinafter referred to as "this Agreement") in full, fully understand the contents of each clause in this Agreement, especially the clauses that limit or exempt liability. Clauses that limit or exempt liability may be highlighted for your attention in bold or other prominent forms. If you choose to continue using the Platform services, including but not limited to accessing, browsing, or logging into the Platform, you will be deemed to voluntarily agree to be bound by all terms of this Agreement. If you do not accept the content of this Agreement, you can choose to exit or stop using the Platform's services by closing the webpage or canceling your account.

In order to meet the needs of service function development and corresponding legal requirements, we may modify this Agreement from time to time without prior notice. Once the Agreement is modified, we will inform you through pop-up windows, announcements, etc. If you disagree with the modified Agreement content, please immediately stop using the Platform services. If you continue to use the Platform services, it will be deemed that you agree to the modified Agreement content.

Please commit that you have the civil capacity required by Chinese law to engage in the behaviors when using the Platform. If you are a person with restricted civil capacity or no civil capacity, please read this Agreement under the guidance of your legal guardian and decide whether to accept the content of this Agreement. If you register, log in, and use the relevant services of the Platform on behalf of an organization rather than yourself, you will be deemed to have obtained sufficient authorization to agree to this Agreement on behalf of the organization.

I. Services and Definitions

In this Agreement, "Services" refer to the platform account management, code project creation and usage, organization and project creation and usage, and open-source team and open-source project browsing services displayed on the GitCode platform (https://gitcode.com), as well as related technical and other support services. "Users" and "you" refer to users of the Platform;

"Content" refers to content provided or displayed through the Platform, including but not limited to code, text, data, articles, images, photos, graphics, software, applications, packages, designs, and other materials and information. "Content" also includes services. "User-generated Content" is written or other form of content created or uploaded by users. "Your Content" is content created or owned by you.

II. Account Management

1. Account Registration

Each user must provide a valid phone number, email address, username, and nickname when creating their own account. To ensure account security, a password may also need to be set. If you cannot provide us with the aforementioned personal information, you can only use the Platform as a visitor. If you use the Platform as a visitor, you can only browse and search on the Platform, but cannot upload or download any code, projects, or other content, or use comment functions.

2. Account Usage and Security

For the use of accounts, the following rules must be followed:

(1) Your account can only be used by you and should not be shared by multiple people.

(2) You are responsible for maintaining the security of your account and password. We will not be liable for any losses or damages caused by your failure to comply with this security protection obligation. If you become aware of any unauthorized use of services through your account, including any unauthorized use of your password or account, please contact us immediately.

(3) To use the code hosting services provided by the Platform, after you register or log in to the Platform, before using the code hosting services provided by the Platform, you need to authorize and activate the Huawei Cloud services provided by Huawei Cloud Computing Technology Co., Ltd. ("Huawei Cloud"), and register a Huawei Cloud account.

3. If you violate this Agreement or other behavioral guidelines of the Platform, or if we determine based on your behavior that it may be detrimental to the Platform or may constitute other illegal or improper behavior, we have the right to delete content, freeze, suspend the use of, or close the account.

III. Project Management

1. New Project Creation

You can create new projects on the Platform by entering the project name, project path, and project description, setting the visibility level of the project (public or private). If you choose to make the project public upon creation, other users of the Platform can access and obtain, use the code and other content you upload to the code repository under an open-source license agreement. If you set the project to private, then only personnel with the corresponding permissions for the project are allowed to access, obtain, or use the content within the project.

When creating a project, you can choose to add an initialization README file (including suggested descriptions of the project, installation guides, usage examples, contribution guidelines, etc.), a .gitignore file, and have the right to upload the open-source license agreement file for the project or choose to use the existing open-source license templates set by the Platform. The Platform does not guarantee the content of the aforementioned open-source license agreements or other information, and shall not be liable for any losses caused by the use of the content of the open-source license agreement or other relevant information.

2. Import Projects

You can import GIT projects (including private projects) on the Platform. To complete the import of such projects, you need to provide the project URL and enter the project name and project path. You can choose to fill in the project description. For initial import settings, we default to importing only the default branch of the source project. If you need to import all branches, please check the option "Import all branches."

You can set the visibility level (public or private) of the imported project. If you choose to make the project public, you should ensure that the content of the public project does not violate any national laws and regulations, infringe on the copyrights or other rights of any unit or individual, and you have the right to publicly disclose the content of the project. If the content of the imported public project involves citing others' works or achievements, you should ensure that the cited content is all legal, and you should mark and explain the citation content. If the above regulations are violated, we have the right to delete your public project and will not bear any responsibility.

3. New Organization Creation

You can create a new organization or join an organization established by another user on the Platform.

To create an organization, you need to enter the organization name, set the organization URL, and upload the organization logo. Additionally, you have the right to choose to set the organization as public or private.

As an administrator of a newly created organization, your management rights include setting and modifying the organization name, organization introduction, organization logo and URL, email, official website, location, visibility (public or private), managing different items within the organization, and enabling organization discussions.

Administrators can manage organization members and can invite other users on the Platform into the organization by entering usernames or email addresses, and set the roles of these users as viewers, developers, or administrators, and have the right to approve other users' requests to join the organization. As a developer in an organization created by someone else, you can upload and download code in different projects within the organization. As a viewer in an organization created by someone else, you can only view and download public projects and code within the organization.

The Platform supports the establishment of independent communities with autonomous control by organization administrators. Administrators can achieve growth and activity of organization members and enhance the influence of projects and organizations by setting content and activities within the community.

4. Resource Access Methods

You can log in and browse related information on the Platform using the username and password registered on the Platform, or by using the phone number and verification code. At the same time, you can log in and perform operations such as uploading or downloading on projects you have permission to access by using the username and password registered on the Platform, or the phone number and verification code, or by adding SSH public keys on the Platform (using SSH protocol).

5. Project Deletion

You can delete the corresponding content of a project you have management permissions for on the Platform. If data loss occurs due to errors in deletion by you or other users, or for any reasons not attributable to us, we will not bear any responsibility.

IV. Content Management

The content you publish, including but not limited to code, software packages, applications, documents, your personal views, positions, or content generated by using various features of the Platform, should comply with the following rules:

1. Under the premise of complying with this Agreement and other behavioral guidelines, you have the right to post content and express views through issues within the Platform.

2. For any content you post, upload, link, or provide through the service, regardless of its form, you are fully responsible for the content and any losses caused thereby. We will not be held liable for any public display, infringement, or misuse of such content.

3. When publishing, producing, copying, transmitting content, or other information, users should ensure that the content does not contain the following information:

① Speeches inciting resistance to, destruction of the implementation of the constitution and laws, administrative regulations; speech inciting subversion of state power, overthrow of the socialist system; speech inciting secession of the country, disrupting national unity; speech or content inciting ethnic hatred, ethnic discrimination, disruption of ethnic unity;

② Any illegal, harassing, defamatory, insulting, threatening, harmful, vulgar, obscene, infringing information;

③ Information about gambling rewards, gambling games, and information violating national, ethnic, and religious policies;

④ Any information inciting others to commit criminal acts;

⑤ Any information not in compliance with national laws, regulations, policies, and international conventions;

⑥ Information that disrupts the normal operation and order of the Platform, affecting other users' normal use;

⑦ Other content prohibited by laws, administrative regulations, and policies;

⑧ Providing any convenience for others to post the above information not in accordance with national regulations and/or the provisions of this Agreement, including but not limited to setting URLs, BANNER links, etc.

4. Content Deletion

We reserve the right to delete any content we believe violates any laws, regulations, this Agreement, or other platform behavioral norms, or that we believe may be detrimental to the website, without your consent.

5. Third-party Content Publication Rights and License Grant

You guarantee that you possess or have obtained all necessary rights (including but not limited to copyright, patent rights, trademark rights, proprietary technology authorization, trade secret usage rights, etc.) or have obtained other necessary licenses or authorizations (if the work is licensed or authorized by a third party, you must indicate the rights holder and source).

6. License Grant to Us and Our Partners

You own and have corresponding intellectual property rights to all original content you publish on the Platform, including but not limited to code, development documentation, articles, comments, and derivative products produced by using the open-source software, open-source hardware, open-source chips, and other open-source content provided by the Platform. You can decide whether to authorize third parties to use them through public or privatization methods. However, your related authorization actions should not conflict with the open-source license agreement of the original work.

We need legitimate rights to serve you, such as hosting, publishing, and sharing your content. You authorize us or our affiliates or partners (such as Huawei Cloud) to store, archive, parse, copy, publish, display, share, and disseminate your content worldwide, permanently, irrevocably, and free of charge, as well as the right to produce accompanying copies, but limited to the purpose of providing services, including but not limited to the following rights: copying your content to our and/or our partner's databases and making backups; displaying to you and other users; parsing into search indexes or analyzing on our servers; and other rights such as reproduction rights, distribution rights, information network dissemination rights, adaptation rights, translation rights, and developing, promoting, and publicizing them.

7. License Grant to Other Users

Any content you publicly release, including issues, comments, and contributions to other users' projects, is available for others to view. Setting your project to be publicly visible means you agree to allow others to view and "fork" your project (which means others can independently copy and download the content in your project). If you set your project to be publicly visible, it indicates that you grant each user a non-exclusive, worldwide license to copy, use, display, and execute your content through the GitCode service. You can also grant further rights through additional licensing.

8. Participation Under Project Licenses

By adding content to a project that includes a license or has other license terms, you are granting such content under the same terms.

V. Platform Usage Behavior Guidelines

You promise to strictly abide by relevant laws and regulations of the People's Republic of China, the usage guidelines listed by the Platform, social morals and good customs, and the principle of honesty and trustworthiness when using the Platform, and ensure that your usage behavior does not infringe upon the lawful rights and interests of any third party (including but not limited to third-party intellectual property rights, trade secrets, etc.). Specific requirements include but are not limited to:

1. Do not damage the reputation or privacy of others;

2. Do not post irrelevant spam advertisements or information unrelated to the services provided by the Platform, or sell goods;

3. Do not disrupt the operational order of the Platform, do not interfere with the Platform services by any means or form, including maliciously destroying the Platform, interfering with or disrupting servers or networks connected to the Platform by technical means, etc.

4. Do not destroy, crack the safety or identity verification measures taken by the Platform and its services; attempt to access any content of the Platform or use any service of the Platform without authorization by illegal intrusion, cracking passwords, or any other illegal means; track, reverse lookup, crack, or decipher any user information of the Platform.

5. Do not use any web scraping tools or similar manual or automated programs to access, obtain, copy, or monitor part or all of the content of the Platform without authorization.

6. Do not take any action that would impose unreasonable high load on the Platform and its related architecture, systems, and networks;

7. Do not harass, insult, or harm the lawful rights and interests of other users in any form;

8. Illegal and non-compliant behaviors as stipulated in laws, regulations, this Agreement, other behavioral guidelines, and Platform policies.

If you fail to comply with the above usage requirements or violate relevant laws and regulations while using the Platform, we have the right to take appropriate measures to restrict or prohibit your subsequent access to the Platform. In addition, if your aforementioned illegal or infringing behavior causes losses to us or third parties, you shall bear full compensation responsibility.

VI. Intellectual Property

Except for the above provisions in this Agreement, we enjoy intellectual property rights over this service and the content we publish or own. To facilitate your use of our content, we grant you certain permissions, but you can only use our content in the manner we permit.

1. GitCode's Rights to Content

The appearance design, applications, source code, trademarks, logos, interface design, application programming interfaces, related copyrights, and third-party content authorized for use by GitCode, as well as content related to the services we provide, GitCode enjoys full intellectual property rights or usage licenses. All other rights not mentioned in this Agreement are reserved by GitCode. Users cannot copy, duplicate, imitate, or use any part of the code or appearance design.

Unless you are the intellectual property rights holder, you may not use or create related derivative products of the aforementioned content in any form or conduct reverse engineering, decompilation, disassembly, or any other reverse operation, nor modify, conceal, or remove any alphanumeric codes, identifiers, intellectual property notices, or ownership statements contained in the software or any of its copies, without prior written authorization from GitCode.

2. GitCode's Rights to Trademarks and Logos

If you wish to use GitCode's trademarks and logos, you must obtain our prior written authorization.

VII. Personal Information Protection

We attach great importance to your privacy and personal information protection and handle your personal information with a highly cautious attitude. Moreover, the Platform will adopt appropriate technical measures and management measures to protect the security of your personal information. For detailed content regarding the handling and protection rules of your personal information, please refer to GitCode Privacy Policy.

VIII. Disclaimer

We make no commitments or guarantees regarding the services of this Platform. Please read and fully understand this section carefully.

1. GitCode provides the website and services "as is" and "available," without any form of warranty, whether expressed, implied, or statutory, including but not limited to any merchantability, suitability, rights, security, accuracy, and non-infringement.

2. GitCode does not guarantee the following:

   • The services will meet your requirements;
   • The services will be uninterrupted, timely, secure, or error-free;
   • Information provided through the services will be accurate, reliable, or correct;
   • Any defects or errors will be corrected;
   • The services will be available at any specific time or location;
   • The services do not contain viruses or other harmful components. GitCode is not liable for any risks of loss arising from downloading and/or using files, information, content, or other materials obtained from the services.

3. GitCode is not responsible for any other exemptions mentioned in this Agreement.

IX. Limitation of Liability

1. We are not liable for any damages or losses resulting from your use or inability to use the services or any claims under this Agreement. Please read and fully understand this section carefully.

You understand and agree that for any profits, uses, reputations, or data losses, or any incidental, indirect, special, consequential, or punitive damages arising from the following reasons, we are not liable to you or any third party:

(1) Use, disclosure, or display of your user-generated content;

(2) Your use or inability to use the services;

(3) Any modification, price change, suspension, or termination of the services;

(4) General services or software or systems providing services;

(5) Unauthorized access or alteration of your transmissions or data;

(6) Any statements or actions of any third party regarding the services;

(7) Any interactions with other users through the use of services, whether input or received;

or

(8) Any other matters related to the services.

Regardless of whether we have been informed of the possibility of such damages, even if the remedies specified in this Agreement fail to achieve their essential purpose, our liability is limited. We are not liable for any failures or delays caused by matters beyond our reasonable control.

2. You are responsible for your actions when using the services. We will not get involved if you harm others or have disputes with others.

(1) If you have a dispute with one or more users, for any claims, demands, and damages (actual and consequential) arising from or in any way related to such disputes, whether known or unknown, of any type or nature, you agree to release GitCode from any indemnity liability.

(2) You agree to indemnify us, defend us, and hold us harmless from any claims, liabilities, and expenses arising from your use of the website and services, including but not limited to claims arising from your violation of this Agreement. However, GitCode should (a) promptly provide you with written notice of the claims, demands, lawsuits, or proceedings; (b) assist you in defending and resolving claims, demands, lawsuits, or proceedings (but you must unconditionally release GitCode from all liability for any resolution of claims, demands, lawsuits, or proceedings); and (c) provide you with all reasonable assistance, although the costs will be borne by you.

3. If any third party infringes on your relevant rights, you agree to authorize GitCode or its designated agents to represent you in warning, complaining, initiating administrative enforcement, litigation, appealing, negotiating and settling with the third party, and agree to jointly protect your rights when GitCode deems it necessary.

X. Miscellaneous

1. Governing Law

Unless otherwise provided by applicable law, this Agreement between you and GitCode, as well as any access to or use of the website or services, shall be governed by the laws of the People's Republic of China, without regard to conflict of laws principles. You and GitCode agree that for any disputes arising out of or related to this Agreement, the parties shall first attempt friendly negotiations. If negotiations fail, either party has the right to submit the dispute to the Chaoyang District People's Court in Beijing for resolution.

2. Non-transferable

The parties hereby confirm and agree that GitCode may transfer or delegate all or part of these Terms of Service and/or the GitCode Privacy Policy (the "GitCode Privacy Policy") to any individual or entity at any time without obtaining your consent. Without our prior written consent, you may not assign or delegate any rights or obligations under the Terms of Service or the Privacy Policy. Any unauthorized assignment or delegation is invalid.

3. Severability, Non-waiver, and Continuation of Effectiveness

If any part of this Agreement is deemed invalid or unenforceable, it does not affect the validity of the remaining parts of the Agreement. GitCode's failure to enforce any provision of this Agreement does not constitute a waiver of our right to enforce that provision. Our rights under this Agreement remain effective even after the termination of this Agreement.

XI. Contact

We maintain contact with users via email, internal messages, online customer service, and other electronic or offline methods.

1. Electronic Communication

For contractual purposes, you (1) agree to receive electronic communications in the form of emails or through the services from us submitted to the email address you provided; and (2) agree to all service terms, agreements, notices, and disclosures provided to you in electronic form by us. This section does not affect your non-waivable rights.

2. Written Legal Notice

In any situation where a contract or any law or regulation requires a notice to be given to GitCode, communication sent to GitCode's email system does not constitute a legal notice to GitCode or its executives, employees, agents, or representatives. Legal notices to GitCode must be in offline written form.

3. Telephone Support

GitCode provides support through email, communications within the service, and electronic messages. Additionally, we offer telephone support.

4. Specific Contact Information

Phone: 400-6868-951

Address: Room 23-02-087, 5-1#, No. 1 Hua Yi Road, Ji Xing Gang Subdistrict, Yuzhong District, Chongqing