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The GitNotebooks Terms of Service

Effective date: April 5, 2024

These Terms of Service are entered into by and between You and GitNotebooks LLC (doing business as GitNotebooks). These Terms of Service, together with any documents they expressly incorporate by reference, govern Your access to and use of our Service (defined below), including any content, functionality and services offered on or through our Service, whether as a guest or a registered user.

Please read these Terms of Service carefully before You start to use the Service. By using the Service or by clicking to accept or agree to these Terms of Service when this option is made available to You, You accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, incorporated herein by reference. If You do not want to agree to these Terms of Service, You must not access or use the Website or Self-Hosted Software.

THE SECTION BELOW TITLED “ARBITRATION AND WAIVER OF CLASS REMEDIES” CONTAINS A BINDING ARBITRATION AGREEMENT. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

A. Definitions

  1. An “Account” represents Your legal relationship with GitNotebooks.
  2. “Agreement” refers collectively to these Terms of Service and all other operating rules, policies (including the GitNotebooks Privacy Policy) and procedures that We may publish from time to time on the Website.
  3. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services.
  4. “GitNotebooks,” “We,” and “Us” refer to GitNotebooks LLC, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  5. “Organizations” are shared workspaces that may be associated with a single entity or with one or more users where multiple users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.
  6. A “Personal Account” represents an individual user’s authorization to log in to and use the Service and serves as a user’s identity on GitNotebooks.
  7. "Self-Hosted Software" refers to the Service in a form suitable for installation on servers controlled and maintained by You.
  8. The “Service” refers to the applications, software, products, and services provided by GitNotebooks, including the Website, and Self-Hosted Software.
  9. “Terms of Service” or the “Terms” means the terms, conditions, notices contained or referenced in this document, the Agreement, and all other operating rules, policies (including the GitNotebooks Privacy Policy) and procedures that We may publish from time to time on the Website, all of which are incorporated by reference into these Terms of Service.
  10. “User-Generated Content” is Content, written or otherwise, created or uploaded by our users.
  11. “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A user must be over 16 years of age.
  12. “Your Content” is Content that You create or own.
  13. The “Website” refers to GitNotebooks’s website located at gitnotebooks.com, and all content, services, and products provided by GitNotebooks at or through the Website. It also refers to GitNotebooks-owned subdomains of gitnotebooks.com, such as docs.gitnotebooks.com.

B. Account Terms

1. Account Registration

Generally, as a condition of using GitNotebooks's Service, You are required to create an account with GitHub. Note however, that You may use GitNotebooks's Service in read-only mode for public data without creating a GitHub account or registering for GitNotebooks. After creating a GitHub account, You can register with GitNotebooks by authorizing Us to access Your GitHub account in Your name, and You control the scope of the authority granted to Us. If You lose access to Your GitHub account for any reason, You will lose access to Your data and information in GitNotebooks as well.

2. GitHub Access

You represent that You are entitled to grant Us access to Your GitHub Account, without breach by You of any of the terms and conditions that govern Your use of the applicable GitHub Account and without obligating Us to pay any fees or making Us subject to any usage limitations imposed by such third party service providers. By granting Us access to Your GitHub account, You understand and agree that We may access and make available any Content that You have provided to Your GitHub account (the “Third Party Content”) so that it is available on and through the Service via Your account, and We may submit and receive additional information to and from Your GitHub account as indicated herein. Unless otherwise specified in this Agreement, all Third Party Content shall be considered to be Your Content for purposes of this Agreement. Depending on the privacy settings that You have set in Your GitHub account, personal information (as defined in the Privacy Policy) that You post to Your GitHub account may be available on and through the Service.

3. Required Information

Initially, You are only required to share with Us Your Github account number and the public information associated with it. As You make use of more of GitNotebooks, You will be required to grant access to other information, such as Your email address, repositories, etc. You can revoke previously granted access at any time in GitHub's application integration settings.

4. Account Requirements

We have a few simple rules for Personal Accounts on GitNotebooks's Service.

  • One person or legal entity may maintain no more than one Account.
  • You must be over 16 years of age. If We learn of any user aged 16 or under, We will terminate that User’s Account immediately. If You are a resident of a country outside the United States, Your country’s minimum age may be older; in such a case, You are responsible for complying with Your country’s laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as Your subscription allows.

5. Account Security

You are responsible for keeping Your Account secure while You use our Service.

  • You are responsible for all content posted and activity that occurs under Your Account.
  • You are responsible for maintaining the security of Your Account. GitNotebooks cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.
  • You will promptly notify GitNotebooks if You become aware of any unauthorized use of, or access to, our Service through Your Account, including any unauthorized use of Your authorization token or Account.

6. Publicity

We may disclose the fact that an Organization is a user of GitNotebooks, and include its name and trademarks in various promotional materials, such as web pages, social media, and private communications. In connection with the foregoing, You hereby grant GitNotebooks a limited, non-exclusive, worldwide, perpetual right to use Your Organization’s logos and trademarks in any of our marketing and promotional materials solely for the purpose of identifying You as a customer and promoting our business, including but not limited to on our Service.

7. Additional Terms

In some situations, third parties' terms may apply to Your use of GitNotebooks. For example, You may be a member of an organization on GitNotebooks with its own terms or license agreements; or You may download an application that integrates with GitNotebooks. Please be aware that while this Agreement is our full agreement with You, other parties' terms govern their relationships with You.

C. Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in Your jurisdiction. You are responsible for making sure that Your use of the Service is in compliance with laws and any applicable regulations.

D. User-Generated Content

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that You post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of Your User-Generated Content.

2. GitNotebooks May Remove Content

We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or GitNotebooks terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If You're posting anything You did not create yourself or do not own the rights to, You agree that You are responsible for any Content You post; that You will only submit Content that You have the right to post; and that You will fully comply with any third party licenses relating to Content You post.

Because You retain ownership of and responsibility for Your Content, We need You to grant Us — and other GitNotebooks users — certain legal permissions, listed in Sections D.4 — D.6. These license grants apply to Your Content. If You upload Content that already comes with a license granting GitNotebooks the permissions We need to run our Service, no additional license is required. You understand that You will not receive any payment for any of the rights granted in Sections D.4 — D.6. The licenses You grant to Us will end when You remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant Us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to You and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant GitNotebooks the right to sell Your Content. It also does not grant GitNotebooks the right to otherwise distribute or use Your Content outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content You post publicly, including comments, may be viewed by others.

If You set Your pages and repositories to be viewed publicly, You grant each user of GitNotebooks a nonexclusive, worldwide license to use, display, and perform Your Content through the GitNotebooks Service and to reproduce Your Content solely on GitNotebooks as permitted through GitNotebooks's functionality. If You are uploading Content You did not create or own, You are responsible for ensuring that the Content You upload is licensed under terms that grant these permissions to other GitNotebooks users.

6. Moral Rights

You retain all moral rights to Your Content that You upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, You waive these rights and agree not to assert them against Us, to enable Us to reasonably exercise the rights granted in Section D.4.

To the extent this Agreement is not enforceable by applicable law, You grant GitNotebooks the rights We need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Private Repositories

1. Control of Private Repositories

Some Accounts may have private repositories, which allow the user to control access to Content.

2. Confidentiality of Private Repositories

GitNotebooks considers the contents of private repositories to be confidential to You. GitNotebooks will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that We would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

GitNotebooks personnel may only access the content of Your private repositories with Your express written permission, or to comply with our legal obligations. In the context of Self-Hosted Software, all repository data is entirely inaccessible to GitNotebooks personnel.

When using the GitNotebooks Website services, You may choose to enable additional access to Your private repositories. For example, You may enable various GitNotebooks services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitNotebooks will continue to treat Your private repository Content as confidential. If those services or features require rights in addition to those We need to provide the GitNotebooks Service, We will provide an explanation of those rights.

Additionally, if using the GitNotebooks Website services, We may be compelled by law to disclose the contents of Your private repositories.

GitNotebooks will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, or if in response to a security threat or other risk to security.

F. Self-Hosted Software

1. License to the software

For the term of this Agreement, and subject to the terms of this Agreement, We grant You a non-exclusive licence to install and use the Self-Hosted Software in the ordinary course of conducting Your business.

2. License limitations

Without limiting Your rights at law, and subject to any conflicting rights granted by this Agreement, You must not, without our prior written consent:

  • reverse engineer, reverse assemble or reverse compile the Software or any part of the Self Hosted Software;
  • copy the Self-Hosted Software, in whole or in part, except that You may make copies of Your data where necessary or prudent for Your internal needs and for business continuity and data security; and
  • allow access to the Self-Hosted Software for a number of Personal Accounts exceeding the limit set by Your subscription.

G. AI Features

1. Overview

GitNotebooks offers optional artificial-intelligence functionality (the “AI Features”) that analyzes pull-request content and enables contextual chat. By enabling or using any AI Feature, You agree to the additional terms in this Section G, which supplement (and, in case of conflict, supersede) the rest of this Agreement.

2. Third-Party Processing

To provide the AI Features, GitNotebooks transmits relevant portions of a pull request—including code diffs, commit messages, and metadata—to a vetted third-party large-language-model (“LLM”) provider solely for real-time processing. The provider acts as GitNotebooks’s sub-processor under this Agreement and is bound by confidentiality obligations at least as protective as those in Section E.2. GitNotebooks never sells or otherwise commercializes Your Content sent to the LLM provider.

3. Data Usage and Storage

Pull-request analysis. The raw code, diffs, and other User-Generated Content transmitted to the LLM provider are not stored by GitNotebooks after processing. GitNotebooks retains only the non-code outputs returned by the model (e.g., category tags, summaries, or other metadata) necessary to surface the analysis within the Service.

Contextual chat. When You or anyone on Your team initiates an AI chat session on an open pull request, GitNotebooks stores the chat history, the prompts supplied by You, and any repository artifacts fetched via tool calls (such as GitHub Action check results, file contents, or diffs) until the pull request is closed or merged, after which they are deleted within 30 days.

4. No Model Training

Neither GitNotebooks nor the LLM provider will use Your Content—including code, diffs, prompts, or chat messages—to train or fine-tune any machine-learning model.

5. Security and Confidentiality

GitNotebooks applies the same administrative, technical, and physical safeguards described in Section E to all data processed through the AI Features. You remain responsible for ensuring that no confidential or regulated data is submitted to the AI Features unless You have the legal right to do so.

6. Disclaimers

The AI Features generate outputs algorithmically and may produce inaccurate or incomplete results. GitNotebooks makes no warranties, express or implied, as to the accuracy, reliability, or fitness for a particular purpose of any AI-generated content. Without limiting Section N, You assume all risk arising from Your reliance on such outputs.

7. Opt-Out

Organizations may disable the AI Features at any time via the Service settings. Disabling applies prospectively and does not affect data already processed in accordance with this Section G.

8. Survival

The obligations in Sections G.3–G.6 survive any termination of this Agreement to the extent necessary to enforce or give effect to their provisions

H. Copyright Infringement and DMCA Policy

If You believe that content on our website violates Your copyright, please contact Us and make sure to include the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
  • a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the material, including a URL address;
  • Your address, telephone number, and, email address;
  • a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement made under penalty of perjury by You that the information in the notification is accurate, and that You are authorized to act on behalf of the owner of the copyright involved.

Please note that in order to facilitate resolution of the dispute, We may provide Your contact information to the user or entity that posted the Content that You are reporting; or in the event that You are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, You must consider legal uses such as fair use and licensed uses.

Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the Online Copyright Infringement Liability Limitation Act of the DMCA (17 U.S.C. § 512).

We will terminate the Accounts of repeat infringers of this policy.

I. Intellectual Property Notice

1. GitNotebooks's Rights to Content

GitNotebooks and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service and the entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) therein. We reserve all rights that are not expressly granted to You under this Agreement or by law. The look and feel of the Website and Service is copyright © GitNotebooks LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from GitNotebooks.

2. GitNotebooks Trademarks and Logos

Our name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of GitNotebooks or its affiliates or licensors. If you’d like to use GitNotebooks’s trademarks, You must get in touch with Us first to obtain permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

3. License to GitNotebooks Policies

This Agreement is licensed under this Creative Commons Zero license.

J. Feedback

We’re always trying to improve our products and services, and Your feedback will help Us do that. If You choose to give Us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), You acknowledge and agree that GitNotebooks will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to reproduce, prepare derivative works of, distribute, implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

K. Payment

1. Pricing

Our pricing and payment terms are available at gitnotebooks.com/pricing. If You agree to a subscription price, that will remain Your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

  • We will immediately bill You when You upgrade from the free plan to any paying plan.
  • If You change from a monthly billing plan to a yearly billing plan or vice-versa, or upgrade to a higher level of service, We will bill You for Your new plan immediately. However, We will credit any unused funds from Your previous plan towards Your new plan.

3. Billing Schedule; No Refunds

Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

Invoicing For invoiced users, user agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. user must pay the fees within thirty (30) days of the GitNotebooks invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If user fails to pay any fees on time, GitNotebooks reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. user is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on GitNotebooks's net income) that are imposed or become due in connection with this Agreement.

4. Authorization

By agreeing to these Terms, You are giving Us permission to charge Your on-file credit card, or other approved methods of payment for fees that You authorize for GitNotebooks.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with Your use of the Service. By using the Service, You agree to pay GitNotebooks any charge incurred in connection with Your use of the Service. If You dispute the matter, contact GitNotebooks Support. You are responsible for providing Us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

L. Cancellation and Termination

1. Account Cancellation

It is Your responsibility to properly cancel Your Account with GitNotebooks. You can cancel Your Account at any time by revoking GitNotebooks's access in GitHub's application integration settings. We are not able to cancel Accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, We will delete Your full profile within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once Your Account is canceled.

We will not delete Content that You have contributed to other users' repositories.

Upon request, We will make a reasonable effort to provide an Account owner with a copy of Your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. GitNotebooks May Terminate

GitNotebooks has the right to suspend or terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitNotebooks reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

M. Communications with GitNotebooks

1. Electronic Communication Required

For contractual purposes, You (i) consent to receive communications from Us in an electronic form via the email address You have submitted or via the Service; and (ii) agree that all Terms of Service, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect Your non-waivable rights.

2. Legal Notice to GitNotebooks Must Be in Writing

Communications made through email or GitNotebooks Support's messaging system will not constitute legal notice to GitNotebooks or any of its officers, employees, agents or representatives in any situation where notice to GitNotebooks is required by contract or any law or regulation. Legal notice to GitNotebooks must be in writing and served to our current corporate address on our Website.

N. Disclaimer of Warranties

GitNotebooks provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, We expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

GitNotebooks does not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your downloading and/or use of files, information, content or other material obtained from the Service.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

O. Limitation of Liability

To the fullest extent provided by law, You understand and agree that We will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

- the use, disclosure, or display of Your User-Generated Content; - Your use or inability to use the Service; - any modification, price change, suspension or discontinuance of the Service; - the Service generally or the software or systems that make the Service available; - unauthorized access to or alterations of Your transmissions or data; - statements or conduct of any third party on the Service; - any other user interactions that You input or receive through Your use of the Service; - any distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or Service or items obtained through the Website or the Service or to Your downloading of any material posted on them, or on any website linked to them; or - any other matter relating to the Service.

In addition, in no event will We be liable to You for an amount that exceeds the total fees You have paid for the Service during the term of this Agreement.

Our liability is limited whether or not We have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

P. Release and Indemnification

If You have a dispute with one or more users, You agree to release GitNotebooks from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify Us, defend Us, and hold Us and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including attorneys’ fees (collectively, "Losses"), arising out of or relating to Your use of the Website and the Service, including but not limited to Your violation or breach of this Agreement, Your infringement of the intellectual property rights of any third party, Your user contributions, any use of the Website’s content, services, or products other than as expressly authorized in these Terms of Service, or Your use of any information obtained from the Website, provided that GitNotebooks (i) gives You written notice within 90 days after obtaining knowledge of any Losses or discovery of facts on which We intend to base a request for indemnification; and (ii) provides to You all reasonable assistance, at Your expense. You agree to give GitNotebooks prompt written notice of any proposed settlement of a claim that is indemnifiable under this Section P, and You may not, without GitNotebooks's prior written consent, settle or compromise any claim or consent to the entry of any judgment regarding which indemnification is being sought.

Q. Limitation of Time to File Claims

Any cause of action or claim You may have arising out of or relating to these Terms of Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

R. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in Your GitNotebooks account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, Your continued use of the Website or Service constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

S. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between You and GitNotebooks and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitNotebooks agree to submit to the exclusive jurisdiction and venue of the courts located in San Francisco County, California.

2. Non-Assignability

GitNotebooks may assign or delegate these Terms of Service and/or the GitNotebooks Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under these Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by You is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles of the following terms and conditions. These section titles are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitNotebooks to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement brought by either You or Us, the parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from You to Us or from Us to You.

6. Arbitration and Waiver of Class Remedies

All disputes arising under or relating to this Agreement shall be resolved exclusively through arbitration in San Francisco County, California, United States of America, before a single arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all of any part of this Agreement is void or voidable. You further agree that You may only bring claims in Your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

7. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of GitNotebooks, or by the posting by GitNotebooks of a revised version in accordance with Section R. Changes to These Terms. This Agreement including these Terms of Service and the GitNotebooks Privacy Policy, represent the complete and exclusive statement of the agreement between You and GitNotebooks. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between You and GitNotebooks relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

8. Questions

Questions about these Terms of Service? Contact Us.