Published/Updated on: July 29, 2022
Welcome to use the JiHu GitLab Services!
For your use of the JiHu GitLab Services, please read and comply with the JiHu GitLab User Service Agreement (this “Agreement”) which is entered into by and between you (“you” or “User”), on the one part, and GitLab Information Technology (Hubei) Co., Ltd. (“JiHu (GitLab)”), its Affiliates or its designated third parties, on the other part.
Please be sure to carefully read and fully understand all the contents of this Agreement, especially the terms on exemption or limitation of liability which may be highlighted in bold and underlined to draw your attention. By clicking on the web page for confirmation, having opt-in through the web page, completing the establishment of the JiHu GitLab Account, logging in to the JiHu GitLab Account, using the JiHu GitLab Services, downloading installation package of JiHu GitLab Services and click Install or Agree to Install, or opting to accept this Agreement, whether expressly or impliedly, or otherwise using the JiHu GitLab Services (as defined below), you completely and fully agree to and accept this Agreement (as modified and updated by JiHu (GitLab), including other relevant terms and conditions made by JiHu (GitLab) from time to time), and are willing to be bound hereby. If you do not agree to this Agreement, please do not register or log in to the JiHu GitLab Account or use the JiHu GitLab Services.
The JiHu GitLab Services are only available to Users (in case of natural persons) of at least eighteen (18) years old. If you are under the age of eighteen (18), please do not register or log in to the JiHu GitLab Account, or use the JiHu GitLab Services. JiHu (GitLab), its Affiliates or its designated third parties shall have no liability for any consequences arising from use of the JiHu GitLab Services by Users under the age of eighteen (18). If you accept this Agreement on behalf of an Enterprise or as a User of an Enterprise, you are required to have obtained necessary authorizations in this regard and you, the Enterprise you represent and the Affiliates of you or the Enterprise you represent shall be bound hereby and comply with the terms and conditions hereof.
1.1. “Affiliate” refers to, with respect to a party, an entity controlling, controlled by, or under common control with, such party. “Control” means having directly or indirectly the power to direct or cause others to direct the business, affairs, management or decisions of an entity, whether through ownership of equity, voting rights or voting securities, or as trustee or executor, or under contract, agreement arrangement, trust arrangement or otherwise, including directly or indirectly (1) owning fifty percent (50%) or more of the issued and outstanding shares or equity interests of the subject party, (2) owning fifty percent (50%) or more of the voting rights of the subject party, or (3) having the right to appoint a majority of the members of the board of directors or similar management organizations of the subject party. “Controlled” has the corresponding meaning as above.
1.2. “Community Edition Software” refers to the publicly available, community-developed open-source software and components of JiHu GitLab Services which may be provided to the Users for nil consideration.
1.3. “Enterprise” refers to an organization, company, corporation and/or other type of entity which uses the JiHu GitLab Services on its own behalf under a valid license granted by JiHu (GitLab) or its Affiliates.
1.4. “Force Majeure” refers to earthquake, typhoon, flood, fire, war, epidemic (infectious) diseases, changes in national laws and regulations, government intervention, material national policy adjustment and other unforeseeable events whose occurrence and consequences are unpreventable, insurmountable or unavoidable.
1.5. “Free Services” refer to a feature-limited version of the JiHu GitLab Services provided to customers, User, end Users, authorized partners (including the Enterprise served thereby) or any other third party at no (or a greatly reduced) cost.
1.6. “Intellectual Property Rights” refer to the aggregate of the intellectual property rights currently owned or subsequently created or acquired by a party (or an applicable third party) under the laws of China or other jurisdictions around the world, including but not limited to (1) all trademarks, trademark applications, business names, trade names, product names, service marks and proprietary legends; (2) all classes or types of patents, including but not limited to inventions, utility model and design patents, patent applications and disclosures; (3) all copyrights (including property rights and moral rights) of published and unpublished works, and all registrations and applications made therefor; and (4) all inventions, know-how, trade secrets, confidential information and information of a technical or non-technical nature.
1.7. “JiHu GitLab Account” refers to the account you obtain upon registration and acceptance of this Agreement through the JiHu GitLab Website, with which you can log in to the JiHu GitLab Website and use the JiHu GitLab Services.
1.8. “JiHu GitLab Services” refer to the products and services such as applications, software, SaaS services, technical services and course training made available by JiHu (GitLab), its Affiliates or its designated third parties.
1.9. “JiHu GitLab Website” refers to the websites operated by JiHu (GitLab), its Affiliates, or its designated third parties at present and/or in the future, including but not limited to gitlab.cn, jihulab.com, gitlab.hk and their subdomains, as may be updated subsequently on an on-going basis, other JiHu (GitLab)-related websites expressly specified by JiHu (GitLab) as applicable on its websites, as well as all content, services and documentation provided on the aforementioned websites.
1.10. “People’s Republic of China” or “China” refers to, solely for the purpose hereof, the mainland of the People’s Republic of China, excluding Hong Kong (China), Macao (China) and Taiwan (China) (unless otherwise specified in the terms hereof).
1.11. “Suspension Measures” refer to the measures taken by JiHu (GitLab) against Users, including but not limited to suspension, discontinuance or restriction of use of all or any part of the JiHu GitLab Services or termination of this Agreement.
1.12. “User Content” refers to such information, documents, data or other content as posted and uploaded by User when using the JiHu GitLab Services, including but not limited to codes, texts, graphics, pictures, charts, audios, videos and animations.
2.1. JiHu (GitLab) or its Affiliates are the owners and/or operators of the JiHu GitLab Services. The JiHu GitLab Services are provided in full accordance with the service terms and operating rules published at the JiHu GitLab Website and https://gitlab.cn/terms (including but not limited to JiHu GitLab Subscription Agreement, JiHu GitLab Privacy Policy, JiHu GitLab Website Terms of Use, JiHu GitLab Cookies Policy, JiHu GitLab Open Source Program Service Agreement and JiHu GitLab Legal Notice (collectively, “JiHu GitLab Website Agreements”)). The specific content of the JiHu GitLab Services is provided by JiHu (GitLab) or its designated parties in accordance with the actual situation.
2.2. This Agreement also covers the JiHu GitLab Website Agreements which shall be, once officially published, an integral part of this Agreement and shall be observed by you as well. A certain JiHu GitLab Service provided to you may be subject to separate agreements, terms, and relevant business rules, etc. (collectively, “Separate Agreements”). By accepting the foregoing JiHu GitLab Website Agreements and/or Separate Agreements, you accept this Agreement in its entirety. By accepting this Agreement, you accept the foregoing JiHu GitLab Website Agreements and Separate Agreements.
3.1. You understand and agree that you may be required to register for a JiHu GitLab Account to use the full and complete services included in the JiHu GitLab Services. If you use the JiHu GitLab Services without a JiHu GitLab Account, JiHu (GitLab) or its Affiliates will not be liable for any loss of relevant data and records caused by your unloading, reinstalling relevant software and/or reloading the JiHu GitLab Services.
3.2. Before using all or any part of the JiHu GitLab Services, you are required to register with your real name pursuant to the relevant requirements of applicable laws and regulations. When registering under your real name, if you are requested to do so, you shall provide the identity and other information (including but not limited to mobile phone number and email) of your own in a truthful, legal, accurate and valid manner, and you shall not register JiHu GitLab Account under your name with other people’s identity information.
3.3. You understand and undertake that you shall not: set up a JiHu GitLab Account not compliant with applicable laws and regulations, contain any illegal and improper information in the registration information or account information such as the name, avatar and profile of your JiHu GitLab Account, set up a JiHu GitLab Account in the name of others without permission (including but not limited to impersonating others’ names and profile pictures, among other means sufficiently causing confusion), and register for JiHu GitLab Accounts in bad faith (including but not limited to excessive registrations). You must comply with the relevant laws and regulations during the registration and use of your JiHu GitLab Account, and must not commit any acts that infringe upon the national interests, harm the rights and interests of other citizens, or are harmful to social morality. JiHu (GitLab) or its Affiliates may review the information you submit.
3.4. For the sake of compliance with relevant laws and regulations as well as ensuring the security of your account, JiHu (GitLab) or its Affiliates may periodically (regularly or irregularly) verify your identity in various ways, including without limitation requiring you to enter verification code and mobile phone verification number, etc. If you fail to complete or reject such verification, JiHu (GitLab) and its Affiliates may, upon reasonably suspicion of security risk related to your JiHu GitLab Account, suspend some or all of the JiHu GitLab Services associated with your JiHu GitLab Account , and have the right to take further measures.
3.5. You shall be responsible for maintaining the security of the information and password of your JiHu GitLab Account, and shall be liable for the behavior conducted using the account and password of your JiHu GitLab Account,. You shall not transfer or lend the JiHu GitLab Account to others. Where you find that your JiHu GitLab Account is unlawfully used by others, please contact JiHu (GitLab) immediately, in which case, JiHu (GitLab) will take corresponding measures to maintain the security of your account as much as possible. Insofar as your JiHu GitLab Account and/or password is out of your control due to your negligence, you will be fully liable for any damage caused to you or any third party thereby.
3.6. You may, in case of losing your JiHu GitLab Account or forgetting your password thereof, contact JiHu (GitLab) through the contact information published on the JiHu GitLab Website to timely request for retrieving your account or password. You understand and agree that the password retrieval mechanism may only be able to identify whether the information filled in the request form is consistent with the system records, but not whether the requester is the real entitled User of the JiHu GitLab Account.
3.7. In order to better serve more Users, you agree that JiHu (GitLab) and its Affiliates may recover any JiHu GitLab Account, release the URL occupied by such JiHu GitLab Account and delete the account information of such JiHu GitLab Account that has no any of such activities as user log-in, repository update, pipeline trigger, issue edit, merger request, and comment for three (3) years in accordance with the JiHu GitLab Account Policy as located at https://gitlab.cn/terms/account-agreement/, with any losses arising therefrom to be borne by you.
3.8. You may close your JiHu GitLab Account and terminate the service relationship with JiHu (GitLab) and its Affiliates at any time, but please be advised that the close of your JiHu GitLab Account will not relieve you of any obligations related to such account. In particular, before closing your JiHu GitLab Account, you should ensure that there are no outstanding transactions in or other outstanding rights and obligations under your JiHu GitLab Account, and that there are no other circumstances that may cause disputes or render it difficult to resolve existing disputes due to the close of your JiHu GitLab Account (such as your JiHu GitLab Account being blocked or restricted, or you close your JiHu GitLab Account for the purpose of impeding investigation or evidence collection).
4.1. JiHu (GitLab), its Affiliates or other third parties agreed in writing by it (if applicable) are the holders of the Intellectual Property Rights in the JiHu GitLab Services. All copyrights, trademark rights, patent rights, trade secrets and other Intellectual Property Rights in the JiHu GitLab Services, as well as all information content related to the JiHu GitLab Services (including but not limited to texts, graphics, pictures, charts, audios, videos, animations, product functions, operation steps, names, logos, trademarks and/or service marks, patents, computer software works, art designs, interface designs, layout frameworks, relevant data or electronic documents, whether or not application or registration for such Intellectual Property Right has been made) shall be protected by the laws and regulations of the People’s Republic of China and applicable international treaties. The aforesaid Intellectual Property Rights, except such rights as may conferred on relevant right holders by applicable laws, shall vest in JiHu (GitLab), its Affiliates or other third parties agreed in writing by it (if applicable). Without the written consent of JiHu (GitLab), its Affiliates, other third parties or relevant right holders as agreed to in writing by JiHu (GitLab) (if applicable) , you shall not license any third party to implement, utilize or transfer the above Intellectual Property Rights for any commercial or non-commercial purposes.
4.2. Under no circumstances shall the license granted by JiHu (GitLab) and its Affiliates to you for using the JiHu GitLab Services be deemed to transfer part or all of their Intellectual Property Rights to you. Without the consent of JiHu (GitLab) or its Affiliates, you shall not copy, modify, publish, or resell any JiHu GitLab Services. You acknowledge and agree not to attempt to obtain or use any underlying Intellectual Property Right of Jihu GitLab Services by dismantling, compiling, assembling, reverse engineering or decoding, nor shall you in any way or by any manner obtain or use any unauthorized products and/or services. If you fail to fulfill your obligations under this Section 4.2, you shall indemnify all loss and expenses incurred to JiHu (GitLab), its Affiliates or its designated third parties (if applicable) related thereto, including but not limited to attorney’s fees and litigation expenses. In the event of your obtainment or use of the JiHu GitLab Services or any products and/or services with the same or similar names of JiHu GitLab Services from any unauthorized third parties, JiHu (GitLab) is not responsible for the use of any such products and/or services, nor shall it be held liable for any loss and damage incurred to you in acquiring and using such products and/or services.
4.3. Any modifications, suggestions, ideas, enhancement requests, feedback, or other recommendations provided by you relating to the JiHu GitLab Services (“Feedback Materials”) are hereby irrevocably transferred to JiHu (GitLab) free of charge. For the avoidance of doubt, Feedback Materials do not include contain prior Intellectual Property Rights owned by you. To the extent you are prevented from transferring the rights, ownership or interests in the Feedback Materials to JiHu (GitLab) by the operation of applicable laws, you hereby grant JiHu (GitLab) an exclusive, royalty-free, transferable, irrevocable and worldwide license (including multi-level sublicense rights) for JiHu (GitLab) to exercise such rights under this license.
4.4. You shall not (1) use, disseminate, license or authorize the use of any trademarks and logos, etc. of JiHu (GitLab) (or its Affiliates, or licensors recognized in writing by JiHu (GitLab)) to the extent beyond this Agreement without JiHu (GitLab)’s prior written consent, or expressly or impliedly hold yourself as agent, representative of, or otherwise associated with JiHu (GitLab) (or its Affiliates, or licensors recognized in writing by JiHu (GitLab)); (2) remove, alter or obscure any Intellectual Property Right statements, proprietary legends, trademark or service mark attributions, patent marks, license documents (open source license, etc.) of JiHu (GitLab) (or its Affiliates, or licensors recognized in writing by JiHu (GitLab)) or other indicia of their ownership or contribution to the JiHu GitLab Services.
4.5. The Intellectual Property Rights of any User Content you upload to the JiHu GitLab Services (other than those transferred to JiHu (GitLab) in accordance with this Agreement or other applicable agreements) shall remain with you. Notwithstanding the foregoing, you agree that JiHu (GitLab) and its Affiliates have the right to display the content you upload to the sections of JiHu GitLab Website that are open to public. You represent and warrant that: (1) you own all the rights, ownership and interests in and to the User Content as well as the Intellectual Property Rights related thereto (including but not limited to being the sole owner or having obtained legal authorization from the owner thereof); (2) the Feedback Materials provided by you to JiHu (GitLab), the User Content stored and uploaded to the JiHu GitLab Services and provided to JiHu (GitLab), the use of the JiHu GitLab Services, and the results generated thereby do not infringe the rights and interests of any third party; and (3) during the subsequent use of the JiHu GitLab Services, you shall, in accordance with the relevant agreements, display in a reasonably prominent place on product the involved Intellectual Property Right statements, proprietary legends, trademark or service mark attributions, patent markings, license documents (open source license, etc.) of JiHu (GitLab) (or its Affiliates, or licensors recognized in writing by JiHu (GitLab)) or other indicia of their ownership or contribution to the JiHu GitLab Services.
4.6. Where any third-party contests against or complains about the Feedback Materials, the User Content, the use of JiHu GitLab Services or the results generated thereby, and the ownership to relevant Intellectual Property Rights involved in your use of the JiHu GitLab Services, you shall be responsible for issuing relevant supporting materials and cooperating with JiHu (GitLab) in handling such complaints. If you fail to present sufficient evidence to the contrary or to provide feedback within the time limit, JiHu (GitLab) shall have the right to take measures as it deems appropriate, including, without limitation, immediately terminating the JiHu GitLab Services and/or this Agreement, suspending the JiHu GitLab Services and/or removing the corresponding information. You shall, in case JiHu (GitLab) is unable to contact you due to your failure to update the contact information in time or provision of incorrect contact information, also be deemed to have failed to give feedback within the time limit. JiHu (GitLab) will refund no fees (if any) and shall not be held liable whatsoever should it suspend or terminate the JiHu GitLab Services and/or this Agreement as a result of this Article 4.6.
5.1. JiHu (GitLab) is endeavored to protect the security of any personal information of Users who access or use the JiHu GitLab Services. You may be asked to provide your personal information (such as name, email and phone number) when you visit the JiHu GitLab Website, or register or log in to the JiHu GitLab Account, under which circumstances, you can, at your option, decide whether to provide it or not. JiHu (GitLab) (including its Affiliates) will strictly keep the personal information you provide in confidence pursuant to applicable laws and regulations of the People’s Republic of China and the JiHu GitLab Privacy Policy located at https://gitlab.cn/privacy/ (the “JiHu GitLab Privacy”). Unless otherwise specified in the JiHu GitLab Privacy Policy, JiHu (GitLab) will not disclose or present such information to any third party in any way.
5.2. Any matters on personal information protection not explicitly covered herein shall be subject to the JiHu GitLab Privacy Policy.
6.1. You will not, and will not permit any third party to:
use the JiHu GitLab Services for any purpose other than as specifically authorized in this Agreement and other applicable agreements;
use the JiHu GitLab Services in such a manner that would enable any unauthorized access to the JiHu GitLab Services by third party;
use the JiHu GitLab Services for licensing, distribution, sale, resale or similar purposes;
use the JiHu GitLab Services for any purpose other than the internal use by you or the Enterprise you serve (if applicable);
use the JiHu GitLab Services other than in compliance with all applicable laws and regulations; or infringe or misappropriate in any way the Intellectual Property Rights or any other similar property rights of JiHu (GitLab) in and to the JiHu GitLab Services.
6.2. You shall not use the JiHu GitLab Services or facilitate the acts whereby to upload, download, store or publish the following information or content that:
opposes the fundamental principles stipulated in the Constitution of the People’s Republic of China;
endangers national security, divulges national secrets, subverts national power and undermines national unity;
harms the dignity and interests of the nation;
incites ethnic hatred or racial discrimination or damages inter-ethnic unity;
sabotages national religious policy and propagates heretical teachings or feudal superstitions;
disseminates rumors, disrupts social order and undermines social stability;
disseminates obscenity, pornography, gambling, violence, murder or fear or incites the commission of crimes;
involves illegal Internet publishing activities such as lottery, gambling, higention or hack tools;
insults or slanders others and infringes upon the rights and interests of others;
includes other information or content that is detrimental to social order, public security or public morality; or
includes other contents in violation of laws, regulations, or national policies.
6.3. You shall not use the JiHu GitLab Services in any manner that:
is harmful, vulgar or obscene;
is fraudulent, deceptive, threatening, abusive, harassing, tortious, or defamatory;
alters or attempts to alter the system configuration of the JiHu GitLab Services or compromises system security (including, without limitation, unauthorized access to any computer, computer system, network, software, or data, breach of security of another User or system, and/or attempting to circumvent any User authentication or security process);
sabotages or attempts to sabotage the security of the network (including but not limited to introducing or distributing virus, trojan horse, worm, time bomb, unsolicited bulk, commercial, or “spam” message, or other harmful computer code, file, or program); or
impersonates any person or entity, including without limitation any employee or representative of JiHu (GitLab).
6.4. Except to the extent permitted by applicable law, you shall not disassemble, reverse engineer, or decompile the JiHu GitLab Services or access the JiHu GitLab Services to:
build a competitive product or service;
build a product or service using similar ideas, methods, features, functions or graphics of the JiHu GitLab Services;
copy any ideas, features, functions or graphics of the JiHu GitLab Services;
plagiarize, borrow, copy or rewrite without authorization the ideas, methods, features, functions, code, appearance and other components of the JiHu GitLab Services by any other technical or non-technical means; or
determine whether the JiHu GitLab Services are within the scope of any patent.
6.5. You shall be solely liable for the User Content you upload, download, store and publish through the JiHu GitLab Services.
6.6. JiHu (GitLab) may, if it finds or receives a report or complaint from others that you have breached the provisions of this Article 6, delete or block the relevant content at any time without notice, impose penalties on the relevant JiHu GitLab Account as it deems appropriate, including but not limited to warning, restricting or prohibiting the use of part or all functions, blocking or even closing of such JiHu GitLab Account according to the circumstances and severity of the behavior, announce the handling results, maintain relevant information and report to relevant authorities in accordance with applicable laws and regulations.
7.1. You shall ensure that you will, when collecting, processing, storing, transmitting, using, providing, disclosing and removing any and all information or data, including without limitation personal information related to the JiHu GitLab Services (the “User Data”), comply with applicable data protection laws (the “Data Protection Laws”), including but not limited to having obtained all necessary authorizations and consents required for the processing of the User Data. Before any such collection, processing, storage, transmission, use, provision, disclosure and removal using the JiHu GitLab Services, User has taken and maintained appropriate organizational, technical and security measures to prevent any unauthorized access to and disclosure, tampering or loss of the User Data. User shall, upon noticing any violation of the Data Protection Laws related to the User Data, and occurrence or possible occurrence of data leakage, tampering and loss (“Security Event”), promptly notify JiHu (GitLab) thereof, and cooperate with JiHu (GitLab) in the investigation and implementation of any measures reasonably required.
7.2. User shall be responsible for the integrity and confidentiality of the User Data stored in the JiHu GitLab Services. All losses and consequences caused by the leakage, tampering and loss of the above data due to improper maintenance or confidentiality measures on the part of User shall be borne by User on its own.
7.3. User shall be responsible for the content of User Data processed during its use of the JiHu GitLab Services, and shall, in case the upload, download or other processing activities of the User Data are against the laws, regulations, national policies or this Agreement, be liable for all the outcomes and liabilities arising therefrom.
7.4. The Parties acknowledge and agree that, (1) the JiHu GitLab Services are not designed for the purposes of storing, processing, compiling or transmitting Sensitive Data (as defined below), and (2) except for the collection of personal information covered by the JiHu GitLab Privacy Policy, User shall not provide JiHu (GitLab) with Sensitive Data by using the JiHu GitLab Services or otherwise without prior written consent of JiHu (GitLab). “Sensitive Data” means: (a) personal information, important data and core data prescribed by the Cybersecurity Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China, the Personal Information Protection Law of the People’s Republic of China, the Civil Code of the People’s Republic of China and other applicable laws and regulations, as well as any subsequent legislation on personal information and important data protection; (b) any information and data similar to the above protected by laws and regulations of China and other applicable jurisdictions; and (c) any unlawful content and data restricted and prohibited by relevant laws of China and regulations. User further agrees that the JiHu GitLab Services and any of their functions are not intended to fulfil any of the above obligations under any applicable laws and regulations on Sensitive Data. Except for the collection of personal information covered by the JiHu GitLab Privacy Policy, JiHu (GitLab) shall bear no liability for the collection or processing of any Sensitive Data by User using the JiHu GitLab Services and without the written consent of JiHu (GitLab).
Any acts involving web page architecture system by using content of the JiHu GitLab Website without authorization are prohibited, and JiHu (GitLab) reserves the right to disconnect any unauthorized hypertext links or web page architecture system directing to the JiHu GitLab Website.
JiHu (GitLab) allows User to create repositories. Each repository of the Community Edition Software shall have a size of up to 2GB whereas each repository of the professional and premium versions of JiHu GitLab Services shall have a size of up to 5GB. Notwithstanding, excessive external link requests to the JiHu GitLab Website and the JiHu GitLab Services, and storage of files unrelated to codes by User are prohibited. In case User uploads files unrelated to codes or excessive external link requests to the repository without JiHu (GitLab)’s permission, JiHu (GitLab) reserves the right to stop the use of related repository, notify User for backing up and remove such repository.
10.1. To the maximum extent permitted by applicable laws, JiHu (GitLab) shall have the right to take Suspension Measures without any notice to you if, at its sole discretion, any of the following circumstances occurs:
you violate any provision of this Agreement or such other provisions as may be made by JiHu (GitLab) from time to time;
you delay in performing or fail to perform any of your obligations to JiHu (GitLab) or its Affiliates;
you are an individual under the age of eighteen (18) or without full legal capacity and disallowed to establish a JiHu GitLab Account, use the JiHu GitLab Services or accept this Agreement;
you fail to reply to the questions of JiHu (GitLab) about your use or login of the JiHu GitLab Account or other notices that need your response within the period required by JiHu (GitLab);
the measures are necessary for the operation, maintenance or protection of services in connection with the JiHu GitLab Account; or
you engage in other behaviors that JiHu (GitLab) deems inappropriate.
10.2. Your use of the JiHu GitLab Services and/or exercise of rights related to all your User Content will be restricted if Suspension Measures are taken by JiHu (GitLab) against you in accordance herewith, by suspending or blocking your account, and suspending all or part of your accessible account information, accessible links and website content, among other reasonable and legal technical means and professional measures. JiHu (GitLab) and its Affiliates shall not be liable for any loss or damage incurred by you from the Suspension Measures.
11.1. For the sake of security and function consistency of the JiHu GitLab Services, JiHu (GitLab) may make immaterial adjustments, upgrades, optimizations, improvements, renames, and other immaterial changes, to all or part of the JiHu GitLab Services without prior notice to Users.
11.2. In order to provide better services, JiHu (GitLab) reserves the right to periodically (regularly or irregularly) to overhaul, maintain, upgrade and optimize the JiHu GitLab Website or related equipment, systems and software (collectively, “Routine Maintenance”), and none of JiHu (GitLab), its Affiliates, its designated third party and its recognized licensors (if applicable) shall be liable to User for interruption or suspension of the JiHu GitLab Services within a reasonable time as a result of the Routine Maintenance, provided, however, that JiHu (GitLab) shall notify User of the Routine Maintenance at least 24 hours in advance.
11.3. GitLab may suspend or terminate part or all of the JiHu GitLab Services or make material adjustments (including but not limited to the cessation, material updates and integration of the JiHu GitLab Services) according to its own operation arrangements, provided, however, that JiHu (GitLab) shall give an at least 30 days’ prior notice to User and such adjustment shall apply to all Users. If User does not cooperate in making such material adjustments, or JiHu (GitLab) is unable to contact User in this regard, the consequences arising therefrom shall be borne by User.
11.4. JiHu (GitLab) shall have the right to suspend or discontinue all or part of the JiHu GitLab Services without prior notice for any of the following reasons:
it is attacked by hackers and viruses;
technical adjustments by network and telecommunication departments result in a significant impact on provision of the JiHu GitLab Services;
the server of the JiHu GitLab Services is overloaded, or is otherwise in error due to excessive Users using the services or other circumstances;
emergency maintenance and upgrading are carried out for the operation of the JiHu GitLab Services;
telecommunication services required for provision or acquisition of the JiHu GitLab Services are unavailable for general failure of the public network or any other reason;
it is difficult to provide the JiHu GitLab Services due to accidents or events such as Force Majeure (including the COVID-19 outbreak) beyond JiHu (GitLab)’s control or reasonable foreseeing;
provision of the JiHu GitLab Services is prevented by applicable laws, government regulations, or related regulatory measures or activities; or
JiHu (GitLab) deems it necessary to suspend or discontinue the services for moral, legal, compliance, technical or systematic reasons.
11.5. JiHu (GitLab), its Affiliates, its designated third party and its recognized licensors (if applicable) shall in no way be liable for any loss or damage incurred by User from any measures taken by JiHu (GitLab) under this Article 11.
12.1. You fully understand and agree that you must be responsible for all your use of the JiHu GitLab Services and be solely liable for the corresponding consequences, including those on or arising from any User Content you upload, download, store and publish.
12.2. You understand and agree that JiHu (GitLab) shall be entitled but not obliged to, based on its reasonable judgment, take Suspension Measures for violations of applicable laws, this Agreement or other provisions specified by JiHu (GitLab), adopt appropriate legal measures against any User in violation of laws, or maintain relevant information and report to relevant authorities pursuant to applicable laws.
12.3. In case JiHu (GitLab), its Affiliates or other third parties agreed in writing by JiHu (GitLab) (if applicable) suffer from any loss or damage for any reasons (including but not limited to breach of this Agreement, the JiHu GitLab Website Agreements, the Separate Agreements or other applicable agreements, terms and relevant business rules) attributable to you during your use of the JiHu GitLab Services, you shall indemnify JiHu (GitLab) , its Affiliates or other third parties agreed in writing by JiHu (GitLab) (if applicable) therefor.
12.4. JiHu GitLab Services and any content related hereto shall be provided “AS IS”. JiHu (GitLab), as well as its Affiliates, its designated third parties and its recognized licensors disclaim any warranty, guarantee or representation, express or implied, with respect to the JiHu GitLab Services (including the content and other information thereof), concerning: promptness, safety, accuracy, truthfulness and completeness, or absence from deficiency, procedural error, defect or security flaw; non-infringement upon the Intellectual Property Right or other rights of any third party; merchantability and fitness for a particular purpose; having the characteristics and commercial value expected by User; availability at any particular time or place; or compliance with any applicable law. In no event shall JiHu (GitLab), its Affiliates, its designated third party or its recognized licensors be liable for any risk or loss caused by User downloading and/or using the documentation, information, content or other materials obtained from the JiHu GitLab Services.
12.5. JiHu (GitLab), its Affiliates, its designated third parties and its recognized licensors (if applicable) shall in no way be liable for any issues occurred from use of the JiHu GitLab Services caused by accidents, abuse, improper use and unauthorized modification.
12.6. Notwithstanding the above and other provisions hereof, JiHu (GitLab) or its Affiliates will indemnify you for direct losses resulted from reasons attributable to them, provided, however, that in no event shall JiHu (GitLab), its Affiliates, its designated third parties or its recognized licensors be liable for any indirect, punitive, incidental, special, consequential and secondary damages suffered by you.
12.7. The accumulative liabilities (including but not limited to liquidated damages and other compensation liabilities and expenses) of JiHu (GitLab), its Affiliates, its designated third parties and its recognized licensors (if applicable) arising out of and/or in connection with this Agreement, whether based on contract, tort (including negligence or strict liability), or otherwise, will not exceed, in the aggregate, the total amount (excluding tax) paid by the Enterprise which User serves to JiHu (GitLab), its Affiliates, its designated third parties and its recognized licensors (if applicable) for the specific JiHu GitLab Services out of which the liabilities arose. JiHu (GitLab), its Affiliates, its designated third parties or its recognized licensors shall not in any event be liable for any losses and damages caused by any use of the Free Services, even if such losses and damages are foreseeable. The foregoing losses and damages include but are not limited to: (1) any direct, indirect, punitive, incidental, special, incidental, and secondary damages; (2) costs for obtaining substitute products or services; and (3) interruption of use, loss or damage of data.
13.1. This Agreement becomes effective as of the date of publication hereof.
13.2. JiHu (GitLab) shall have the right to modify this Agreement and service rules as necessary (including the formulation and publication of other policies, rules, announcements, and statements from time to time) in accordance with laws and regulations, and will, upon the modification, publish the up-to-date version of this Agreement on the JiHu GitLab Website. The updated agreement will supersede the original agreement, with effect as of the time of publishing. You will be able to review the latest terms of this Agreement on the JiHu GitLab Website. By continuing the use of the JiHu GitLab Services after modification of this Agreement, you accept the modified Agreement.
13.3. You may terminate this Agreement by closing your JiHu GitLab Account or such other means as may be specified by JiHu GitLab from time to time. If you take such actions (including accidentally canceling your JiHu GitLab Account), this Agreement shall be deemed terminated. Upon termination hereof, unless otherwise specified by JiHu (GitLab), you will not be able to use the JiHu GitLab Services and any content therein (including, among others, the User Content). JiHu (GitLab) shall have the right to retain or delete any data in the JiHu GitLab Services for you, or any information such as data stored in the servers of JiHu (GitLab), its Affiliates and its authorized third parties due to your use of the JiHu GitLab Services.
13.4. The causes for termination of agreement and corresponding JiHu GitLab Services specified in the JiHu GitLab Website Agreements and the Separate Agreements shall apply, mutatis mutandis, to this Agreement. For the avoidance of doubt, if User no longer has the right to access and/or use the JiHu GitLab Services due to termination of the JiHu GitLab Website Agreements or the Separate Agreements, this Agreement shall be automatically terminated.
13.5. No termination of this Agreement shall relieve any of your obligations (including but not limited to the liability for damages) hereunder before the termination to JiHu (GitLab) and its Affiliates and/or any relevant third party.
14.1. You shall ensure and maintain the validity of your User information (including but not limited to the telephone number, email address and other contact information). If the User information is false, invalid or otherwise may render you unable to obtain business notice, service reminder, user service, technical support, dispute coordination, compliance-related punishment and other information in a timely manner, you shall be liable therefor correspondingly.
14.2. User shall give notices to JiHu (GitLab) according to the contact information published on the JiHu GitLab Website.
14.3. JiHu (GitLab) can send business notices, service reminders, verification messages, marketing information, and other information related to the JiHu GitLab Services, to User through one or more of the methods such as website announcement, system notification, internal message, email, short message, instant messaging and letter. The foregoing information shall be deemed to have been given:
when it is received by the recipient, in case of personal delivery;
immediately upon publication, in case of website announcement (unless otherwise specified);
upon successful transmission, or at the expiration of 24 hours following the transmission without receipt of any notice on transmission failure, in case of transmission in electronic forms (including without limitation system notice, internal message, email, short message, and instant messaging);
on the third calendar day after posting, in case of sending by courier service or registered mail with postage prepaid.
15.1. This Agreement shall apply to other agreements and/or order forms entered into between JiHu (GitLab) and any individual or entity in connection with the JiHu GitLab Services.
15.2. The Parties shall abide by the provisions in this Agreement that survive after the termination or expiration of this Agreement subject hereto, including without limitation Articles 4.3, 4.4, 4.5, 4.6, 12, 14, 15.3 and 15.9.
15.3. If any one or more provisions hereof are held to be invalid, illegal or unenforceable in any respect under any applicable law or regulation, the validity, legality or enforceability of the remainder hereof shall not be affected or impaired whatsoever. The Parties shall negotiate in good faith seeking to agree on new provisions to the extent permissible by law with economic effects as close as possible to the previous invalid, illegal or unenforceable provisions.
15.4. Without prior written consent of JiHu (GitLab), the User shall not assign or delegate its rights or obligations hereunder in part or in whole to a third party.
15.5. The User acknowledges and agrees that JiHu (GitLab) may assign or delegate all or part of its rights or obligations hereunder to its Affiliates of or recognized third parties without the consent of the User. User understands that the JiHu GitLab Services contemplated hereby may be provided by JiHu (GitLab)’s Affiliates or its designated third parties.
15.6. Any rights and obligations of the Parties hereunder shall remain valid irrespective of the acquisition, merger, reorganization and separation of JiHu (GitLab) or its Affiliates. In any of the above circumstances, the rights and obligations of JiHu (GitLab) or its Affiliates hereunder shall be assumed by the entity(ies) surviving such acquisition, merger, reorganization or separation. Where the rights and obligations of JiHu (GitLab) or its Affiliates hereunder are assumed by the entities surviving the separation of the Parties, JiHu (GitLab) or its Affiliates and such entities shall have the relevant rights and obligations respectively.
15.7. The JiHu GitLab Website Agreements, Separate Agreements and other documents related thereto shall constitute an integral part of this Agreement. Any other oral and written documents not incorporated herein or not made in accordance herewith shall not be binding upon the Parties.
15.8. The Parties hereto are independent and nothing contained in this Agreement shall be construed to place them in the relationship of partners, principal and agent, employer/employee or joint ventures. Both Parties agree that neither shall have power or right to bind or obligate the other, nor shall either hold itself out as having such authority.
15.9. This Agreement shall be governed by the laws of the People’s Republic of China. Any dispute arising from or in connection with this Agreement shall be settled by the Parties through friendly negotiation. If the dispute is not resolved through negotiation within fifteen (15) days either Party may submit the dispute to the people’s court with jurisdiction in the place of JiHu (GitLab)’s domicile for resolution through litigation.
15.10. This Agreement may be provided in Chinese, English or other languages. In case of any discrepancies or conflicts among different linguistic versions of this Agreement, the Chinese version shall prevail.
