Published/updated on: July 29, 2022
Welcome to access and use the JiHu GitLab Website!
For you to access and use the JiHu GitLab Website, please read and abide by the JiHu GitLab Website Terms of Use (the “Terms”) which is entered into by and between you, on the one part, and GitLab Information Technology (Hubei) Co., Ltd. (“JiHu (GitLab)”), its Affiliates or its designated third parties, on the other part.
Before access to or use of the JiHu GitLab Website, please be sure to carefully read and fully understand all the contents of the Terms, especially the provisions on exemption or limitation of liability which may be highlighted in bold and underlined to draw your attention. By accessing or using any part of the JiHu GitLab Website, you fully agree to and accept the Terms (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. The provision of the JiHu GitLab Website (including the content thereof) is subject to your acceptance of all the terms and conditions hereof (as modified and updated by JiHu (GitLab), including other relevant terms and conditions made by JiHu (GitLab) from time to time). If you do not agree with the Terms, please do not access or use the JiHu GitLab Website.
The JiHu GitLab Website is only available to Enterprises or natural persons of at least eighteen (18) years old. If you are a natural person under the age of eighteen (18), please do not use the JiHu GitLab Website. JiHu (GitLab), its Affiliates or its designated third parties shall have no liability for any consequences arising from use of the JiHu GitLab Website by natural persons under the age of eighteen (18). If you are an Enterprise, you shall be duly established, validly existing and in good standing, with the qualification and ability to use the JiHu GitLab Website as well as the capability to meet the requirements of laws and regulations; if you are a natural person representing the Enterprise, you shall be at least eighteen (18) years old with all legal and valid authorization to use the JiHu GitLab Website on behalf of the Enterprise.
1.1. “Affiliate” refers to, in respect of a subject party, an entity controlling, controlled by, or under common control with, the subject 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 shares or equity of the entity, (2) owning fifty percent (50%) or more of the voting rights of the entity, or (3) having the right to appoint a majority of the members of the board of directors or similar management organizations of the entity. “Controlled” has the corresponding meaning as above.
1.2. “Enterprise” refers to an organization, company, corporation and/or other type of entity legally established and validly existing.
1.3. “JiHu GitLab Services” refer to 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.
1.4. “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) to be also applicable on its websites, as well as all content, services and documentation provided on the aforementioned websites.
1.5. “JiHu GitLab Website Content” refers to all materials, website links (including links to third-party websites) and content published on, as well as JiHu GitLab Services provided through, the JiHu GitLab Website.
1.6. 1.6.“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).
2.1. The Terms shall be applicable to all behaviors of accessing and using the JiHu GitLab Website. In using the JiHu GitLab Services, you shall also abide by the applicable agreements related to such services, including, among others, the JiHu GitLab Website Agreements (as defined below).
2.2. The Terms also cover the JiHu GitLab Subscription Agreement, the JiHu GitLab Privacy Policy, the JiHu GitLab Cookies Policy, the JiHu GitLab User Service Agreement, the JiHu GitLab Open Source Program Service Agreement and the JiHu GitLab Legal Statement published at the JiHu GitLab Website and https://gitlab.cn/terms (the documents of which, together with the Terms, are collectively referred to the “JiHu GitLab Website Agreements”), which shall, once officially released, form an integral part hereof with binding force upon you. By accepting any of the foregoing JiHu GitLab Website Agreements, you accept the Terms in their entirety. By accepting the Terms, you accept the foregoing JiHu GitLab Website Agreements.
The JiHu GitLab Website Content is only provided to Enterprises and natural persons over the age of eighteen (18).
4.1. JiHu (GitLab) grants you a non-transferable, non-sublicensable and revocable limited license solely for you to access and use the JiHu GitLab Website (including the JiHu GitLab Website Content) in such manner as specified by JiHu (GitLab).
4.2. The ownership, rights and interests in and to the JiHu GitLab Website and all the JiHu GitLab Website Content shall remain with JiHu (GitLab), its Affiliates or its designated third parties (if applicable). No intellectual property rights of JiHu (GitLab), its Affiliates or its designated third parties will be transferred to you hereunder. Without the prior written consent of JiHu (GitLab), you may not quote, modify, copy, release, transmit, display, play, reproduce, publish, authorize, create derivative works based upon, transfer or sell the JiHu GitLab Website or the JiHu GitLab Website Content. The information or products containing intellectual property rights provided to you by JiHu (GitLab) are protected by relevant laws and regulations. You may not attempt to obtain or use the intellectual property rights provided by JiHu (GitLab) through disassembly, compilation, assembly, reverse engineering or decoding, or obtain or use products and/or services through any means or channels not authorized by JiHu (GitLab). You shall, insofar as you fail to comply with the provisions of this Article, indemnify JiHu (GitLab), its Affiliates and its designated third parties (if applicable) for all losses and expenses incurred thereby, including the attorney fees and litigation fees paid thereby for recovery.
4.3. JiHu (GitLab) and its Affiliates have been licensed to use “GitLab”. Other trademarks, service marks, graphics and logos related to the JiHu GitLab Website may belong to other third parties. You will not obtain the right or license to copy or otherwise use any JiHu (GitLab) or third-party trademark by using the JiHu GitLab Website.
4.4. You shall not (1) use, disseminate, license or authorize the use of the trademarks, the logos and the like of, or express or imply any agency, representative, association or other relationship with, JiHu (GitLab) (or Affiliates of, or licensors recognized in writing by, JiHu (GitLab)) to the extent beyond the Terms without JiHu (GitLab)’s prior written consent; (2) remove, alter or obscure any intellectual property right statements, proprietary legends, trademark or service mark attributions, patent markings, license documents (such as open source license) of JiHu (GitLab) (or Affiliates of, or licensors recognized in writing by, JiHu (GitLab)) or other indicia of their ownership or contribution to the JiHu GitLab Website.
4.5. Any modifications, suggestions, ideas, enhancement requests, feedback or other recommendations provided by you relating to the JiHu GitLab Website (“Feedback Materials”) are hereby irrevocably transferred to JiHu (GitLab) free of charge. For the avoidance of doubt, Feedback Materials do not contain prior intellectual property rights legally owned by you. To the extent you are prevented from transferring the rights, ownership or interests in and to 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.
4.6. The intellectual property rights in any content you upload to the JiHu GitLab Website (the “Visitor Content”) other than those transferred to JiHu (GitLab) in accordance with the Terms 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 public area of the JiHu GitLab Website on such website. You represent and warrant that: (1) you own all the rights, ownership and interests in and to the Visitor 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 Visitor Content stored and uploaded to the JiHu GitLab Website and provided to JiHu (GitLab), the use of the JiHu GitLab Website, and the results generated thereby do not infringe the legitimate 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 (such as open source license) of JiHu (GitLab) (or Affiliates of, or licensors recognized in writing by, JiHu (GitLab)) or other indicia of their ownership or contribution to the JiHu GitLab Services.
4.7. Where a third-party institution or individual contests against or complains about the Feedback Materials, the Visitor Content, the use of JiHu GitLab Website or the results generated thereby, and the ownership to relevant intellectual property rights involved in your use of the JiHu GitLab Website, you shall be responsible for issuing relevant supporting materials and cooperating with JiHu (GitLab) in handling relevant 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 including, without limitation, immediately suspending or terminating your access to and use of the JiHu GitLab Website and/or removing the corresponding information. You shall, in case you cannot be contacted 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 have no liability should it suspend or terminate your access to and use of the JiHu GitLab Website as a result therefrom.
5.1. The provider shall be responsible for any message, data, text, software, music, audio, photo, graphic, video, information or other content it transmitted through the JiHu GitLab Website and/or the JiHu GitLab Services by uploading, posting, emailing or any other means, whether publicly or privately. JiHu (GitLab) cannot control the content transmitted through the JiHu GitLab Website, nor can it guarantee the accuracy, integrity, or quality of the content. JiHu (GitLab) reviews the content of its website according to the requirements of applicable laws and regulations, but has no way to fully review all the content thereof, or to obtain confidential information, personal information and other content without authorization of the corresponding holders. Therefore, in no event can or will JiHu (GitLab) be responsible for the JiHu GitLab Website Content or the associated impact, including but not limited to any error or omission of any content, and any loss or damage arising from any content posted, emailed or otherwise transmitted via the JiHu GitLab Website. By operating the JiHu GitLab Website, JiHu (GitLab) does not express or imply that it recognizes or acknowledges the JiHu GitLab Website Content or other information, or that the content is comprehensive, accurate, useful or harmless, nor does it guarantee or indicate that such content and information are up-to-date. Notwithstanding the foregoing, JiHu (GitLab) may stop the transmission of any content and take corresponding actions according to law, including, without limitation, suspending your use of the JiHu GitLab Website and the JiHu GitLab Services in whole or in part, keeping relevant records and reporting to relevant authorities. JiHu (GitLab) and its Affiliates will not be liable for any loss or damage caused by your reliance on the JiHu GitLab Website Content for whatever reason. You are responsible for taking necessary precautions to protect yourself and your computer system from viruses, worms, Trojan horses and other harmful or destructive contents.
5.2. By accepting the Terms, you agree not to use or facilitate others to use the JiHu GitLab Website in a manner detrimental to others or causing burden or damage to the JiHu GitLab Website by, among others:
using the JiHu GitLab Website other than in compliance with all applicable laws and regulations; or infringing or damaging in any way the intellectual property rights or any other similar property rights of JiHu (GitLab) in and to the JiHu GitLab Services;
uploading, downloading, storing or publishing on or through the JiHu GitLab Website any 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 legitimate rights and interests of others;
includes other information or content detrimental to social order, public security or public morality; and
includes other contents in violation of laws, regulations, or national policies.
using the JiHu GitLab Website 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 damages the 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 containing or releasing a virus, Trojan horse, worm, time bomb, unsolicited bulk, commercial or “spam” message, or other harmful computer code, file, or program);
mines or demonstrates proof-of-work for a cryptocurrency or blockchain;
retrieves, indexes, “data mines”, “scrapes” or in any way reproduces the JiHu GitLab Website or its content through any process or device (automatically or otherwise), except as permitted by applicable content licensing permissions;
impersonates any person or entity, including without limitation any employee or representative of JiHu (GitLab); or
otherwise violates applicable laws, regulations or national policies, or infringes the intellectual property rights or other legitimate rights and interests of third parties.
5.3. You shall be solely responsibility for the content you upload, download, store and publish through the JiHu GitLab Website.
6.1. Personal information you provide when accessing and using the JiHu GitLab Website shall be governed by the JiHu GitLab Privacy Policy (“JiHu GitLab Privacy Policy”) located at https://gitlab.cn/privacy/.
6.2. If you find that there is any content infringing your rights on the JiHu GitLab Website or in the JiHu GitLab Website Content, please contact JiHu (GitLab) promptly (see the JiHu GitLab Privacy Policy for contact details) providing preliminary evidence supporting your rights, in which circumstance, JiHu (GitLab) will handle your complaint in a timely manner as required by laws and regulations. You understand and agree that you should ensure the correctness and authenticity of your representations in your complaint to JiHu (GitLab) about infringement upon your rights. All legal liabilities arising from any misrepresentation in the notice of rights submitted by you (including but not limited to compensation for various expenses and attorney fees) shall be borne by yourself. You are recommended to first seek professional consultation to the extent you are not sure whether your legitimate rights and interests are infringed by the JiHu GitLab Website or the JiHu GitLab Website Content.
You represent and warrant to JiHu (GitLab) that: (1) you will access and use the JiHu GitLab Website in strict accordance with the Terms and all applicable laws and regulations (including without limitation any local laws and regulations of your country and region regarding norms in cyberspace and content specifications, and all applicable laws on cross-border transfer of data); and (2) your use of the JiHu GitLab Website constitutes no infringement upon or misappropriation of any third-party intellectual property rights, nor does it infringe other legitimate rights and interests of any third party.
For your convenience, JiHu (GitLab) may provide links to third-party websites or resources (“Third-party Websites”) on the JiHu GitLab Website. When you link to and use a Third-party Website, please read and decide whether you agree to the rules on the use of such website. In no event shall JiHu (GitLab) be liable for any Third-party Website and the content thereof given it has not reviewed and cannot fully review all relevant Third-party Websites, nor does it have a control over any Third-party Website and its content. JiHu (GitLab) disclaims any express or implied recognition of, and any representation or commitment with respect to, any information, software and other products, services or materials contained in the Third-party Websites, or any results that may be obtained by using them. Your decision to access any Third-party Website linked through the JiHu GitLab Website shall be at your own risk.
9.1. JiHu (GitLab) may update all or any part of the JiHu GitLab Website, the JiHu GitLab Website Content and/or the Terms at any time without further notice. By continuing to use the JiHu GitLab Website, you agree to any updates.
9.2. JiHu (GitLab) may, in its sole discretion, temporarily or permanently modify or terminate the JiHu GitLab Website (or any part thereof) as well as terminate your access to all or any part of the JiHu GitLab Website without prior notice to you. For the avoidance of doubt, this Article 9.2 shall not apply to the JiHu GitLab Services offered through the JiHu GitLab Website, the modification and change of which shall be governed by Articles 9.3 to 9.6.
9.3. For the sake of security and function consistency of the JiHu GitLab Services, JiHu (GitLab) may make adjustments, upgrades, optimizations, improvements and renames, among other immaterial changes, to all or part of the JiHu GitLab Services offered through the JiHu GitLab Website without prior notice to you.
9.4. In order to provide better services, JiHu (GitLab) may regularly or irregularly overhaul, maintain, upgrade and optimize the JiHu GitLab Website or related equipment, systems, software, etc. (collectively, “Routine Maintenance”), and none of JiHu (GitLab), its Affiliates and its recognized licensors (if applicable) shall be liable to you 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 you of the Routine Maintenance at least twenty-four (24) hours in advance.
9.5. JiHu (GitLab) shall have the right to interrupt and terminate part or all of the JiHu GitLab Services offered through the JiHu GitLab Website or make material adjustments (including but not limited to the cessation, major update and integration of the JiHu GitLab Services) according to its own operation arrangements, provided, however, that JiHu (GitLab) shall give an at least thirty (30) days’ prior notice to you and such adjustment shall apply to all users. If you fail to cooperate in making adjustments, or JiHu (GitLab) is unable to contact you in this regard, the consequences arising therefrom shall be borne by you.
9.6. JiHu (GitLab) shall have the right to suspend or discontinue all or part of the JiHu GitLab Services offered through the JiHu GitLab Website 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 availability 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 access 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.
9.7. JiHu (GitLab), its Affiliates and its recognized licensors (if applicable) shall in no way be liable for any loss or damage incurred by you from any measures taken by JiHu (GitLab) under this Article 9.
10.1. You fully understand and agree that you must be responsible for all your use of the JiHu GitLab Website and independently bear the corresponding consequences, including those on or arising from any JiHu GitLab Website Content you upload, download, store and publish.
10.2. You understand and agree that JiHu (GitLab) shall be entitled but not obliged to, based on its sound judgment, take necessary measures against violations of applicable laws, the Terms or other provisions specified by JiHu (GitLab), adopt appropriate legal measures against any website visitors in violation of laws, or keep relevant information and report to relevant government agencies pursuant to applicable laws, etc.
10.3. In case JiHu (GitLab), its Affiliates or third parties (if applicable) suffer from any loss or damage for any reasons (including but not limited to breach of the Terms and other applicable agreements, terms and relevant business rules in the JiHu GitLab Website Agreements) attributable to you during your use of the JiHu GitLab Website, you shall indemnify therefor.
10.4. Both the JiHu GitLab Website and the JiHu GitLab Website Content shall be provided “AS IS”. JiHu (GitLab), as well as its Affiliates and recognized licensors disclaim any warranty, guarantee or representation, express or implied, with respect to the JiHu GitLab Website (including the JiHu GitLab Website Content and other information), 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 your expected characteristics and commercial value; availability at any particular time or place; or compliance with any applicable law. In no event shall JiHu (GitLab), its Affiliates or its recognized licensors be held liable for any risk of loss caused by you downloading and/or using the documentation, information, content or other materials obtained from the JiHu GitLab Website.
10.5. With respect to the paid JiHu GitLab Website Content, the accumulative liabilities (including but not limited to liquidated damages and other compensation liabilities and expenses) of JiHu (GitLab), its Affiliates and its recognized licensors (if applicable) arising from and/or in connection with the Terms, 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 you or the Enterprise which you serve to JiHu (GitLab), its Affiliates or its recognized licensors (if applicable) for the specific JiHu GitLab Website Content out of which the liabilities arose. JiHu (GitLab) and/or its Affiliates or recognized licensors shall not in any event be liable for any losses and damages caused by your use of the free JiHu GitLab Website Content, even if such losses and damages are foreseeable, including without limitation: (1) any direct, indirect, punitive, incidental, special, consequential and secondary damages; (2) purchase costs of substitute products or services; and (3) interruption of use, loss or damage of data.
11.1. The Terms shall come into effect as of the date of when it is published on the JiHu GitLab Website.
11.2. The Parties shall abide by the provisions of the Terms which, according to the Terms or a reasonable judgment based on their nature, survive the termination hereof, including without limitation Articles 4.5, 4.6, 4.7, 10, 11.3 and 11.8.
11.3. 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.
11.4. Without prior written consent of JiHu (GitLab), you shall not transfer your rights or obligations hereunder in part or in whole to a third party.
11.5. 11.5.You acknowledge and agree that JiHu (GitLab) may transfer all or part of its rights or obligations hereunder to Affiliates of or third parties recognized by it without your consent. You understand that the JiHu GitLab Services contemplated hereby may be provided by JiHu (GitLab)’s Affiliates or designated third parties.
11.6. 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 transferred to the post-acquisition, merger, reorganization or separation entity(ies). Where the rights and obligations of JiHu (GitLab) or its Affiliates hereunder are assumed respectively by the post-separation entities thereof, JiHu (GitLab) or its Affiliates and such entities shall have the relevant rights and obligations respectively.
11.7. The JiHu GitLab Website Agreements shall constitute an integral part of the Terms. Any other oral and written documents not covered herein or made in accordance herewith shall have no binding force upon the Parties.
11.8. The Terms shall be governed by the laws of the People’s Republic of China. Any dispute arising from or in connection with the Terms shall be settled by the Parties through friendly negotiation. If the dispute fails to be settled 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.
11.9. 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.
