Terms of Services

GITENTIAL.COM

Welcome to the www.gitential.com website where you can download gitential software products powered by Gitential.com. Inc.

Gitential sofwares and applications are the property of gitential.com inc. Or its affiliates or official partners.

Please read this agreement carefully. The term of service is a legal “agreement” concerning the use of services and products between you, the user, either individually or as an authorised representative of the company using the products and services, and gitential.com inc. By using all or any portion of the services, licences and products you accept all the terms and conditions of this agreement, including, in particular the limitation on: use, transferability, warranty and liability. You agree that this agreement is enforceable like any written negotiated agreement signed by you. If you do not agree, do not use the services of www.gitential.com.

If you consent to entering into this agreement you may not withdraw that consent after agreeing.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

This ToS contains the entire understanding between You and Gitential.com Inc. relating to its subject matter and supersedes all prior or contemporaneous agreements, including but not limited to any purchase order terms and conditions, except valid end user license agreements related to the subject matter of this ToS which are physically signed or accepted as physically signed by aquiring it through the web by you and an authorized agent of Gitential.com Inc. This ToS may only be modified by a physically signed writing between you and an authorized agent of Gitential.com Inc. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse.

Violation of any of the terms below will result in the termination of your Account. While Gitential.com Inc. prohibits such conduct and Content on the Service, you understand and agree that Gitential.com Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1. Definitive regulations

1.1 ’Services’. By using the services of GITENTIAL.COM INC., you accept the terms and conditions for the use of www.gitential.com.

1.2 ‘GITENTIAL’ means the specific software product for developer/project efficiency analytics and extensions connected to this purpose, an official trademark of GITENTIAL.COM. Gitential software products are developed and owned by GITENTIAL.COM INC.

Gitential software products such as applications, enhancements and tools just as add ins ie. (a) all of the content of the files, disk(s), CD-ROM(s) or other media with which this agreement is provided, including but not limited to (i) GITENTIAL.COM INC. or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works (“development frames”); (iii) related explanatory written materials or files (“Documentation”); and (b) modified versions, updates additions, extensions and tools and copies of the Software, if any, licensed to you by GITENTIAL.COM INC.

Any further utilization or development of the Software according to the Documentation that creates a different Software product or more Software products leaves the copyrights and intellectual property rights of GITENTIAL.COM INC. unaffected regarding GITENTIAL products.

1.3 ’Services’ of GITENTIAL.COM INC. may be provided either free of charge (’Free services’) or for a development or registration fee (’Commercial services’). In this agreement Service shall also mean the use of any GITENTIAL products.

1.4 ’General terms’. Unless otherwise agreed in writing with GITENTIAL.COM INC., the terms of service agreement shall always include the general terms and conditions as set forth in this document.

1.5 ’Specific Terms’. In addition to the ’General Terms’ the agreement may also include the specific terms applicable to certain Services and/or the End User License Agreement you approve with your order of the licenses.

1.6 ’Terms of Service’ or ’ToS’. The General and Specific Terms collectively form a legally binding agreement between you and GITENTIAL.COM INC. in relation to your use of the Services.

1.7 In case of multiple interpretations, contradictions, the Specific terms shall be followed.

1.8 “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionalities and codes of GITENTIAL products, irrespective of having any end user license agreement.

1.9. ‘End user license agreement’ means the agreement between You and GITENTIAL.COM INC. that regulates the terms and conditions of the specific GITENTIAL license. Even if you do not accept the EULA, by clicking on www.gitential.com and benefiting in any way from GITENTIAL products, you agree that you will be bound by the regulations of this Terms of Service.

2. Accepting the Terms of Service

2.1 In order to use the Services, you must first agree to the ToS, otherwise you are not allowed to use the Services.

2.2 You can accept the ToS by:

(A) clicking to accept or agree to the ToS, where this option is made available to you;

(B) by registering on www.gitential.com;

(C) by actually using the Services. In this case, you understand and agree that GITENTIAL.COM INC. will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with GITENTIAL.COM INC., or (b) You are not a natural peron. Accounts registered by “bots” or other automated methods are not permitted. (c) you are a person barred from receiving the Services under the laws of the European Union or in the country in which you are resident or from which you use the Services.

2.4. You can use your Github, Bitbucket or Azure DevOps (Azure DevOps)account, or other sign-up processes allowed by GITENTIAL.COM INC. in order to complete the signup process.

2.5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

2.6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

3. Language of the ToS

3.1 The English version of the ToS shall be the governing language.

3.2 If there is any contradiction between what the English language version of the ToS says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services

4.1 You acknowledge and agree that only the official Subsidiaries and Partners of GITENTIAL.COM INC. may provide the Services to you.

4.2 Since innovation and development is one of the main characteristics of GITENTIAL.COM INC.’s products, You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that GITENTIAL.COM INC. may stop (permanently or temporarily) providing the free Services (or any features within the Services) to you or to users generally at its sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GITENTIAL.COM INC. when you stop using the Services.

4.4 You acknowledge and agree that if GITENTIAL.COM INC. disables access to your free services user account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

5. Use of the Services by you

5.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GITENTIAL.COM INC. will always be accurate, correct and up to date. Privacy issues are regulated in the GDPR regulations available on www.gitential.com.

5.2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) the end user license agreement; (c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the European Union or other relevant countries)

5.3. By registering on www.gitential.com and by accepting the regulations of this ToS you can use the Software after you accepted the end user license agreement, with the following restrictions:

(A) if you are using the free of charge services – you will have a Free Services user account

you shall not accept any payment for your own developments, results created by using the free services of GITENTIAL.COM INC.
your feedbacks on the products may be used by the public at GITENTIAL.COM INC.’s sole discretion;
GITENTIAL.COM INC. decides wich specific functionaltities of the services you can access.

(B) Trial period for trying paid/commercial services – you will have a Free Services user account for a trial period of maximum 15 days

you shall not accept any payment for your own developments, results created by using the free services of GITENTIAL.COM INC.
your feedbacks on the products may be used by the public at GITENTIAL.COM INC.’s sole discretion;
GITENTIAL.COM INC. decides wich specific functionaltities of the services you can access.

your feedbacks on the products may be used by the public at GITENTIAL.COM INC.’s sole discretion;
you can access all the functionalities of the commercial services as per your License Agreement
if you have an over 30 days delay with your payments for the paid services, your Commercial services user account accesses and functionalities may be limited or suspended upon GITENTIAL.COM INC’s own disretion.

5.4. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GITENTIAL.COM INC., unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out on www.gitential.com.

5.5. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.6. Unless you have been specifically permitted to do so in a separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.7. You agree that you are solely responsible for (and that GITENTIAL.COM INC. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GITENTIAL.COM INC. may suffer) of any such breach.

5.8. COMPLIANCE WITH LICENSES. You agree that upon request of GITENTIAL.COM INC., you will fully document and certify within thirty (30) days that Use of any and all GITENTIAL.COM INC’s commercial licences at the time of the request is in conformity with your valid license obtained.

You shall keep complete and accurate records to allow GITENTIAL.COM INC. to examine and audit Your accounts with respect to Your uses of the Software and other obligations under this agreement. You permit GITENTIAL.COM INC., or at its option an auditor paid by GITENTIAL.COM INC. to inspect such records at reasonable times during normal business hours. In the event such audit discloses that the fees previously paid or reported as due to GITENTIAL.COM INC. have been underpaid as of the date of the audit, then You shall immediately pay the difference and a general compensation of all harms caused by the invalid usage – including the costs of the audit as well.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to GITENTIAL.COM INC. for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify GITENTIAL.COM INC. immediately at www.gitential.com.

7. Your Privacy and Data Protection Rules

The Privacy and Data Protection rules are regulated separately in the GDPR regulations available at www.gitential.com/privacy-policy.

8. Content in the Services

8.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GITENTIAL.COM (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GITENTIAL.COM INC. or by the owners of that Content, in a separate agreement.

8.3. GITENTIAL.COM INC. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, GITENTIAL.COM INC. may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

8.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that GITENTIAL.COM INC. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GITENTIAL.COM INC. may suffer) by doing so.

9. Proprietary rights

9.1. You acknowledge and agree that GITENTIAL.COM INC. (or its licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GITENTIAL.COM INC. and that you shall not disclose such information without GITENTIAL.COM INC.’s prior written consent.

Unless you have agreed otherwise in writing with GITENTIAL.COM INC., nothing in the Terms gives you a right to use any of GITENTIAL.COM INC.’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.2. GITENTIAL.COM INC. claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

9.3. In case You use of the commercial services, and You have a commercial services account, and you do not have any delays in your due payments, GITENTIAL.COM INC. acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GITENTIAL.COM INC., you agree that you are responsible for protecting and enforcing those rights and that GITENTIAL.COM INC. has no obligation to do so on your behalf.

9.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

9.5. Unless you have been expressly authorized to do so in writing by GITENTIAL.COM INC. , you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9.6. GITENTIAL.COM INC. does not pre-screen Content, but GITENTIAL.COM INC. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You shall defend GITENTIAL.COM INC. against any claim, demand, suit or proceeding made or brought against GITENTIAL.COM INC. by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify GITENTIAL.COM INC. for any damages finally awarded against, and for reasonable attorney’s fees incurred by, GITENTIAL.COM INC. in connection with any such claim, demand, suit or proceeding; provided, that GITENTIAL.COM INC. (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GITENTIAL.COM INC. of all liability); and (c) provides to You all reasonable assistance, at Your expense.

10. License from Gitential.com Inc.

10.1 (A) For the free services GITENTIAL.COM INC. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by GITENTIAL.COM INC. as part of the Services as provided to you by GITENTIAL.COM INC. (referred to as the ’Free Software’ below).

(B) For the commercial services services in exchange to the due payment of the royalty fees, GITENTIAL.COM INC. gives you a personal, worldwide, non-assignable and non-exclusive licence with extended functionalities according to the type of product or subscription you choose. (Referred to the ’Commercial Software’ below).

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the neither the Free Software nor the Commercial Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GITENTIAL.COM INC., in writing.

10.3 Unless GITENTIAL.COM INC. has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Free or the Commercial Software, grant a security interest in or over your rights to use the Free/Commercial Software, or otherwise transfer any part of your rights to use the Free/Commercial Software.

11. Content licence from you

11.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. If you have free of charge user account; by submitting, posting or displaying the content you give GITENTIAL.COM INC. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling GITENTIAL.COM INC. to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2. You agree that this licence includes a right for GITENTIAL.COM INC. to make such Content available to other companies, organizations or individuals with whom GITENTIAL.COM INC. has relationships for the provision of syndicated services, and to use such GITENTIAL.COM INC. in connection with the provision of those services.

11.3. You understand that GITENTIAL.COM INC., in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit GITENTIAL.COM INC. to take these actions.

11.4. You confirm and warrant to GITENTIAL.COM INC. that you have all the rights, power and authority necessary to grant the above licence.

12. Software updates

12.1. The Software which you use may automatically download and install updates from time to time from GITENTIAL.COM INC. These updates are designed to improve, enhance and further develop the Services and may take the form of bug of GITENTIAL.COM INC.’s, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GITENTIAL.COM INC. to deliver these to you) as part of your use of the Services.

13. Ending your relationship with Gitential.com Inc.

13.1 The Terms will continue to apply until terminated by either you or GITENTIAL.COM INC. as set out below.

13.2 If you want to terminate your legal agreement with GITENTIAL.COM INC., you may do so by (a) notifying GITENTIAL.COM INC. at any time and (b) closing your accounts for all of the Services which you use, where GITENTIAL.COM INC. has made this option available to you. Your notice should be sent, in writing, to GITENTIAL.COM INC.’s address 874 Walker Road, Suite D, Dover, County of Kent, DE19904, USA.

13.3 GITENTIAL.COM INC. may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) GITENTIAL.COM INC. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom GITENTIAL.COM INC. offered the Services to you has terminated its relationship with GITENTIAL.COM INC. or ceased to offer the Services to you; or

(D) GITENTIAL.COM INC. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by GITENTIAL.COM INC. is, in GITENTIAL.COM INC.’s opinion, no longer commercially viable

(F) you have an over 30 days delay with your payment obligations.

13.4 Nothing in this Section shall affect GITENTIAL.COM INC.’s rights regarding provision of Services under Section 4 of the Terms.

13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GITENTIAL.COM INC. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities for an indefinite period.

14. Exclusion of Warranties

14.1. Nothing in these terms, including sections 14. and 15.., shall exclude or limit Gitential.com Inc.’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

14.2. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”

14.3. In particular, gitential.com inc., its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) your use of the services will meet your requirements,

(b) your use of the services will be uninterrupted, timely, secure or free from error,

(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

14.4. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

14.5. No advice or information, whether oral or written, obtained by you from gitential.com inc. Or through or from the services shall create any warranty not expressly stated in the terms.

14.6. Gitential.com Inc. Further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

14.7. The individual indicating his/her agreement to this agreement represents and warrants that either he/she is entering into this agreement individually or that he/she is an officially authorized agent of the licensee entity and the entity shall be bound by all the terms and conditions of this agreement. The software is being delivered to you “as is” and gitential.com inc. Makes no warranty as to its use or performance. Infomatgitential.com inc. Shall not provide any further user support except for the materials published on the official web site www.mobiaccess.net.

14.8. With your agreement to this tos you admit that you know the minimum level of the softwares’ functionalities, features and the recommended software background as well as the possible development devices from the website www.mobiaccess.net.

14.9. Gitential.com Inc. and its affiliates do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable in your jurisdiction, Gitential.com Inc. And its affiliates make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. You agree to indemnify and hold harmless gitential.com inc. And its affiliates/licensors from any claims, loss, cost, damage, expense, or liability, including attorneys’ fees, arising out of or in connection with such outcomes.

15. Limitation of Lability

15.1. Subject to overall provision in paragraph 14.1. above, you expressly understand and agree that Gitential.com Inc., its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

(ii) any changes which gitential.com inc. May make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iii) your failure to provide gitential.com inc. With accurate account information;

(iv) your failure to keep your password or account details secure and confidential;

15.2. The limitations on Gitential.com Inc.’s liability to you in paragraph 15.1. above shall apply whether or not gitential.com inc. Has been advised of or should have been aware of the possibility of any such losses arising.

15.3. In no event will Gitential.com Inc. and its affiliates be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, direct, incidental damages, or any lost profits or lost savings, even if infomatgitential.com inc. Representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to extent permitted by applicable law in your jurisdiction. Gitential.com Inc.’s aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. Gitential.com Inc. is acting on behalf of its affiliates for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.

16. Advertisements

16.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

16.2. The manner, mode and extent of advertising by GITENTIAL.COM INC. on the Services are subject to change without specific notice to you.

16.3. In consideration for GITENTIAL.COM INC. granting you access to and use of the Services, you agree that GITENTIAL.COM INC. may place such advertising on the Services.

17. Other contents

17.1. The Services may include hyperlinks to other web sites or content or resources. GITENTIAL.COM INC. may have no control over any web sites or resources which are provided by companies or persons other than GITENTIAL.COM INC.

17.2. You acknowledge and agree that GITENTIAL.COM INC. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3. You acknowledge and agree that GITENTIAL.COM INC. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. Changes to the Terms

18.1. GITENTIAL.COM INC. may make changes to the Terms of Service from time to time. When these changes are made, GITENTIAL.COM INC. will make a new copy of the Universal Terms available at www.gitential.com .

18.2. You understand and agree that if you use the Services after the date on which Terms of Service have changed, GITENTIAL.COM INC. will treat your use as acceptance of the updated ToS.

19. General legal terms

19.1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

19.2. The Terms constitute the whole legal agreement between you and GITENTIAL.COM INC. and govern your use of the Services (but excluding any services which GITENTIAL.COM INC. may provide to you under a separate written agreement), and completely replace any prior agreements between you and GITENTIAL.COM INC. in relation to the Services.

19.3. You agree that GITENTIAL.COM INC. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

19.4. You agree that if GITENTIAL.COM INC. does not exercise or enforce any legal right or remedy which is contained in the Terms (or whic GITENTIAL.COM INC. has the benefit of under any applicable law), this will not be taken to be a formal waiver of GITENTIAL.COM INC.’s rights and that those rights or remedies will still be available to GITENTIAL.COM INC..

19.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

19.6. You acknowledge and agree that each member of the group of companies of which GITENTIAL.COM INC. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

19.7. ASSIGNMENT OF RIGHTS. You are not entitled to assign your rights and duties under this agreement without the prior written consent of GITENTIAL.COM INC., such consent not to be unreasonably withheld. Any assignment in violation of this section shall be void and of no effect.

19.8. The Terms, and your relationship with GITENTIAL.COM INC. under the Terms, shall be governed by the laws of Hungary without regard to its conflict of laws provisions. You and GITENTIAL.COM INC. agree to submit to the exclusive jurisdiction of the courts of Hungary to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GITENTIAL.COM INC. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

March 20, 2020