This Terms of Service agreement (this “Agreement”) is between you and Remotely Works, Inc., a Delaware corporation (“Remotely,” “we,” or “us”) and governs your use of our software product Gitsight and its corresponding software, code, browser extension(s), applications, and services (the “Services”) available at https://www.gitsight.com/ (the “Site”) and other platforms. By using the Site or the Services, you are agreeing to be bound by this Agreement. If you do not agree with any terms contained in this Agreement or you are not competent to enter into a binding contract, you are prohibited from using or accessing the Site or Services.
This Terms of Service agreement (this “Agreement”) is between you and Remotely Works, Inc., a Delaware corporation (“Remotely,” “we,” or “us”) and governs your use of our software product Gitsight and its corresponding software, code, browser extension(s), applications, and services (the “Services”) available at https://www.gitsight.com/ (the “Site”) and other platforms. By using the Site or the Services, you are agreeing to be bound by this Agreement. If you do not agree with any terms contained in this Agreement or you are not competent to enter into a binding contract, you are prohibited from using or accessing the Site or Services.
In conformance with our Privacy Policy, if you are a developer who would not like your code analyzed by Gitsight, you may send an email to opt-out@remotely.works. You may also modify the personal information (including email address) attached to your Git commits in Git or via your GitHub user settings.
You acknowledge that the source code, software, architecture, databases, imagery, design, data, reports, and look and feel of the materials and Services (the “Gitsight Materials”) are our sole and exclusive property protected by applicable copyright laws. Subject to your compliance with this Agreement, we hereby grant you a personal, non-commercial, non-transferable right and license to use the Services as provided on the Site or in any browser extensions we offer.
As a condition of the foregoing license, you may not:
The foregoing license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time, with or without cause. Upon termination of the license, you must destroy any Gitsight Materials in your possession whether in electronic or printed format. You represent and warrant that your use of the Gitsight Materials is not for redistribution or transfer of any kind.
You acknowledge that GitsightTM and all related graphics, logos, service marks, and trade names used on or in connection with any Gitsight Materials or in connection with the Services are the trademarks of Remotely and may not be used without permission in connection with your or any third-party products or services.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us ("Feedback") is at your own risk and that we have no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of our Site and Services.
You may create an account to access the Services, keep track of your searches, and manage your account information. You will be required to provide an up-to-date email address and password to create and log into your account. Please keep your login credentials secure, as you will be solely responsible for any activity on your account.
The Site and Services are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. If you are using the Gitsight browser extension, please note that the extension may become incompatible with your browser at any time due to modifications to the browser’s operating system or source code. We are under no obligation to update the Services to make them compatible with current browsers. Further, we do not warrant or make any representations concerning the likely results or reliability of the use of the Gitsight Materials or materials on any sites linked to the Site.
In no event will Remotely or its licensors, suppliers, or clients be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services, even if Remotely or a Remotely-authorized representative has been notified of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Nonetheless, these limitations will apply to the greatest extent permitted by applicable law.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Remotely, its affiliates, its licensees and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Site or Services.
The Gitsight Materials could include technical, typographical, or photographic errors. We do not warrant that the Services or Gitsight Materials are accurate, complete, or current. We may make changes to the Site or Services at any time without prior notice; however, we are under no obligation to update the Site or Services.
You acknowledge and agree that the availability of the Services may be dependent on the third party from whom you received a license, e.g., the Chrome Web Store or Firefox Browser Add-Ons page (each, an "Extension Platform"). You acknowledge that this Agreement is between you and Remotely and not with the applicable Extension Platform. We, and not the Extension Platform, are solely responsible for the Services, the Gitsight Materials, maintenance, and support (to the extent provided under this Agreement). You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all terms of agreement imposed by the applicable Extension Platform when using any applicable Services. You acknowledge that the Extension Platform (and its subsidiaries), as well as all third-party owners of Gitsight Materials, are third-party beneficiaries of the Agreement and will have the right to enforce it.
In order to use the Services, you must have access to the Internet, and you agree to pay all fees associated with such access.
We are not responsible for the contents of any third-party website that we link to on our Site. The inclusion of any link does not imply our endorsement of that site. Use of any such linked website is at your own risk.
We currently offer Gitsight free of charge to existing clients and partners of Remotely. However, we reserve the right to charge a fee for the Services in the future.
We may revise this Agreement at any time without prior notice to you, though we may attempt to contact you regarding any modifications by email or through your user account (if applicable). Any change to this Agreement will be effective upon posting to the Site. You should regularly review the Site, as your continued use of the Site or Services constitutes your consent to this Agreement.
This Agreement is governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in New York County, New York.