GitMind Chat Terms of Service

Effective Date: August 24, 2023

Preface

Welcome to register and use GitMind Chat. Before using GitMind Chat and related services, please read and fully understand all the terms of this agreement, especially the clauses highlighted in bold that require special attention regarding rights, obligations, liability limitations or exemptions, legal application, and dispute resolution.

I. Confirmation and Acceptance of the Service Agreement

  1. GitMind Chat and related services (referred to as “GitMind Chat” or “the Service” hereinafter) are AI conversation services legally owned and operated by Wangxu Technology Co., Ltd., and its affiliated companies (referred to as “the Company”).
  2. If you are a minor under the age of 18 or are considered a child under applicable laws and regulations (such as children under 13-16 years of age according to the GDPR and the laws of EU member states), please make sure to carefully read and fully understand this agreement in the presence of your guardian, and use this service under the premise of obtaining your guardian’s consent.
  3. If you have any questions, opinions, or suggestions about the content of this agreement, you can contact us through the customer support page of GitMind Chat or through the contact information described in Part XI of this agreement. At the same time, if you do not agree to this agreement, this will result in the inability of this software to provide you with complete services, and you can choose to stop using this software. Of course, when you obtain explicit consent to this agreement and continue to use this service, it will be deemed that you accept all the terms of this agreement.
  4. The company has the right to change, modify, add, or delete part of the content of this service agreement at any time at its own discretion. You are responsible for regularly checking this service agreement to see if any changes have occurred. If you continue to use this service after the change is published, it means that you accept and agree to these changes. If you do not agree, please stop using this service immediately.
  5. You understand and agree that we may choose to suspend, interrupt, or terminate part or all of this services due to our own business decisions, government actions, force majeure, etc. If such situations occur, we will take reasonable measures and notify you in advance within a reasonable period. Except as otherwise provided by laws and regulations, we shall not be liable for any losses caused to you as a result.

II. Account Registration and Management

  1. You can register your account and use this service through the login/registration page in a suitable manner. After successfully registering, you will have a unique user ID to identify your account. Additionally, you understand and acknowledge that the account privileges for different accounts registered on GitMind Chat, owned by you, are not interconnected unless you link your different accounts.
  2. You understand and acknowledge that the GitMind Chat you register is for your personal use only.
  3. You understand and acknowledge that you are solely responsible for the authenticity, legality, and validity of the registration information you provide for GitMind Chat. Information related to your account, such as your nickname and avatar, must not contain illegal or inappropriate information or content that violates public order and morals. You are prohibited from maliciously registering GitMind Chat accounts, including but not limited to behaviors such as frequent registration or bulk registration of accounts. Additionally, the company has the right to review the registration information you submit.
  4. You understand and acknowledge that the ownership and related rights of the GitMind Chat account you register belong to the company. After completing the registration process, you only have the right to use the account. Your account is for your personal use only. Without written consent from the company, it is prohibited to gift, lend, rent, transfer, sell, or in any other way permit others to use the account. If the company discovers or has reasonable grounds to believe that the user is not the initial registrant of the account, the company has the right to suspend or terminate the provision of services to the registered account without notifying you. The company also has the right to permanently disable or cancel the account without assuming legal responsibility to the user who registered the account.
  5. You have the right to cancel your GitMind Chat account. The specific method is as follows: Click on the profile picture – My Account – Settings – Delete Account. Additionally, you can contact the staff using the contact information provided by GitMind Chat to assist you with the specific process of account cancellation. You understand and acknowledge that the action of account cancellation is irreversible, and all your data and information cannot be restored. You are responsible for all actions conducted prior to the cancellation of your account.

III. User Code of Conduct

1. You shall not use any plugins, add-ons, systems, programs, or third-party tools that are not authorized or permitted by us to interfere, disrupt, modify, or affect the normal operation of this service. This includes, but is not limited to, using automated scripts (such as “bots,” “spiders,” or “offline readers”) to interact with this service, excessively utilizing system resources or network bandwidth of this service, imposing a significant load on the system or on the networks, servers, products, or applications used by other users, and affecting system stability.

2. You shall not produce, upload, copy, publish, transmit, or repost the following content through GitMind Chat:

(1) Content opposing the fundamental principles established by the constitution;

(2) Content endangering national security, divulging state secrets, subverting state power, or undermining national unity;

(3) Content harming the honor and interests of the country;

(4) Content inciting ethnic hatred, ethnic discrimination, and disrupting ethnic solidarity;

(5) Content violating the state’s religious policies, propagating cults, and feudal superstitions;

(6) Disseminating rumors, disrupting social order, and undermining social stability;

(7) Spreading obscene, pornographic, gambling, violent, murderous, terroristic, or criminal instigation content;

(8) Insulting or defaming others, infringing upon their legitimate rights and interests;

(9) Infringing upon the legitimate rights and interests of minors or harming their physical and mental health;

(10) Spreading commercial advertisements or similar solicitations, excessive marketing information, and spam;

(11) Any other content prohibited by laws and administrative regulations.

3. The text, images, and other materials you submit, upload, or process through GitMind Chat and related services must be original or obtained with lawful authorization, as described in Article IX “Breach of Liability” of this Agreement.

4. Any text, or works generated by you through GitMind Chat services shall not be used to infringe upon the intellectual property rights of others.

5. You shall not engage in any behavior that is harmful to the security of computer networks, including but not limited to:

(1) Illegal intrusion into networks, disrupting the normal functioning of networks, and stealing network data;

(2) Providing programs or tools specifically used for engaging in activities that jeopardize network security, such as intrusion, disruption of network functions, protective measures, and stealing network data;

(3) Providing technical support, advertising, promotion, payment settlement, and other assistance to those known to engage in activities that jeopardize network security;

(4) Unauthorized use of data or access to unauthorized servers/accounts;

(5) Unauthorized entry into public computer networks or others’ computer systems to delete, modify, or add stored information;

(6) Attempting to interfere with or disrupt the normal operation of GitMind Chat, intentionally spreading malicious programs or viruses, and other behaviors that damage or interfere with normal network information services;

(7) Forging TCP/IP packet names or part of names;

(8) Reverse engineering, reverse assembling, compiling, or attempting to discover or obtain the source code of GitMind Chat in any other way;

(9) Engaging in behavior that violates laws, regulations, this Agreement, the company’s relevant rules, and infringes upon the legitimate rights and interests of others.

6. GitMind Chat will make all commercially reasonable efforts to ensure the security of your data. However, it cannot provide absolute guarantees, including but not limited to the following scenarios:

(1) GitMind Chat is not responsible for the deletion or storage failure of your data in this service due to reasons unrelated to GitMind Chat;

(2) If you cease to use GitMind Chat (e.g., by choosing to delete your GitMind Chat account), all your data and information will be permanently deleted and cannot be recovered.

IV. Personal Information Protection

  1. GitMind Chat’s “Privacy Policy” is a fundamental and important policy that we uphold to ensure the protection of users’ personal data and related privacy matters. You can click the provided link to review the detailed terms and ensure the protection of your lawful rights.
  2. GitMind Chat may collaborate with other companies or software. We will not share your personal information with third-party companies or software without your explicit authorization and assurance that the third-party companies or software can uphold the same level of privacy protection as GitMind Chat before sharing your information.

V. Service Content

  1. You can download the version suitable for you on the official platform of GitMind Chat or other platforms and websites under WANGXU TECHNOLOGY CO., LIMITED, as well as on third-party websites and platforms authorized by GitMind Chat. However, if you download or use GitMind Chat or other software with the same name through platforms not authorized by GitMind Chat, we cannot guarantee that the software or service will function properly, and we are not responsible for any losses incurred by you as a result.
  2. The company will provide different service versions for different terminals and needs, and you can select the appropriate version of GitMind Chat according to your actual needs.
  3. You can choose to use GitMind Chat’s free services or access premium services by paying a membership fee.
  4. In order to provide better services, GitMind Chat may adjust the prices of premium services from time to time and introduce new fees for specific features to reflect business or legal changes. The specific service prices will be displayed on the GitMind Chat pricing page. When the service prices change, we will send notices through various means (including but not limited to the official website, official discord server) to inform you in advance of the adjustments to renewal fees. Unless otherwise indicated in the notice, price adjustments for the same premium service will take effect after the completion of your current billing cycle for the purchased premium service and will apply to your next payment for the premium service.
  5. If you disagree with the new prices or other applicable fees, you can choose not to continue subscribing to the premium service. If you have selected automatic renewal and agree to pay the new prices or other applicable fees, you need to follow the instructions in the notice to agree to the automatic renewal of the premium service with adjusted fees after we issue the notice of fee adjustment and before the fee deduction for your next billing cycle. If you fail to agree in a timely manner, we will change the premium service you subscribed to a free service upon the end of your current billing cycle and terminate your automatic renewal.

VI. Intellectual Property

  1. The intellectual property rights to the content provided by the company in the GitMind Chat software and related services (including but not limited to software, programs, web pages, text, images, graphics, trademarks, logos, audio, video, charts, page layouts, electronic documents, etc.) belong to the company. Without the company’s permission, no one is allowed to use such content in unauthorized ways (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, or downloading content from the GitMind Chat service and related services through any robot, spider, or similar programs or devices).
  2. Under no circumstances shall you privately use any trademarks, service marks, trade names, domain names, website names, or other significant brand features (collectively referred to as “marks”) belonging to the company, including but not limited to “GitMind Chat,” “gitmind.ai,” “wangxutech.com,” “Wangxu,” etc. Without the company’s prior written consent, you shall not display, use, or apply for registration of trademarks, domain names, etc., related to the aforementioned marks in any form, either separately or in combination, nor shall you engage in actions implying or suggesting the right to display, use, or deal with such marks. If you cause losses to the company or others due to your violation of this agreement by using the company’s trademarks, marks, etc., you shall bear all legal responsibilities.

VII. Terms for Minors

  1. If you are an individual under 18 years of age or considered a child under applicable laws (such as those under 13-16 years of age according to GDPR and EU member state laws), you must carefully read and fully understand this agreement with the accompaniment and consent of your legal guardian before using this software. If you do not obtain the consent of your legal guardian, your legal guardian has the right to handle your account through GitMind Chat’s contact methods.
  2. You and your legal guardian acknowledge and confirm that if you violate the laws and regulations of our country during the use of this service, you and your legal guardian will bear all legal responsibilities arising therefrom.
  3. You and your legal guardian acknowledge and confirm that the use of this service may involve payment services. Please handle and safeguard your legal guardian’s payment devices, payment accounts, and payment passwords to prevent consumption behaviors inconsistent with the cognitive abilities of minors.  

VIII. Limited Liability and Disclaimer

  1. You acknowledge and confirm that GitMind Chat does not guarantee, including but not limited to, the following: (1) This service will fully meet your usage requirements or expectations. (2) This service will not experience interruptions. (3) Any errors in this service will be corrected.
  2. You acknowledge and confirm that if you download or use GitMind Chat or similar programs or software from unauthorized websites or platforms, GitMind Chat cannot guarantee their normal usage and is not responsible for any losses incurred due to the use of such programs or software.
  3. You acknowledge and confirm that for interruptions or defects in this service (e.g., cloud services related to GitMind Chat) caused by force majeure (force majeure: objective events that cannot be foreseen, overcome, or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and social events like war, unrest, government actions, telecommunications backbone interruption, hackers, network congestion, technical adjustments by telecommunications authorities, and government regulation leading to the suspension or closure of one party’s service and website) or similar reasons, GitMind Chat is not liable, but will make every effort on a commercial level to mitigate the damages caused by the aforementioned circumstances.
  4. The company’s services may contain links to third-party websites or services that are not owned or controlled by GitMind Chat. We cannot control the content, privacy policies, or practices of any third-party website or service and bear no responsibility. Therefore, when browsing third-party websites, you do so at your own risk and assume full responsibility. We strongly recommend that you read the terms, guidelines, and privacy policies of the third-party websites or services you access.
  5. GitMind Chat’s service is an AI-driven automation. Under normal circumstances, we do not intervene in AI-generated results. Therefore, results that do not meet your expectations may occur, and this is not a breach of GitMind Chat’s obligations.
  6. GitMind Chat’s service is an AI-driven automation. We filter the AI-generated service results through mature authentication mechanisms. However, uncontrollable false or erroneous information may still arise. You should independently judge the results you obtain. The company and GitMind Chat do not guarantee the correctness and legality of the generated content and you are responsible for its use. The company and GitMind Chat are not responsible for the results generated by AI and the potential consequences.
  7. Whether you choose automatic renewal for premium services or not, you can cancel subscribed services at any time. As subscribed services are virtual services, the cancellation of paid services will take effect upon the completion of the current billing cycle. Paid fees are non-refundable.

IX. Breach of Liability

  1. In case of your violation of this agreement or any other previously agreed agreements between you and the company, the company reserves the right to independently judge the situation and take measures accordingly, including but not limited to issuing warnings, refusing publication, immediately stopping information transmission, deleting content or comments, temporarily prohibiting content or comment publication, restricting partial or complete account functions, or terminating the provision of services, permanently closing accounts, etc. The company shall not be held responsible for any consequences arising from your inability to use accounts and related services or to access assets or other rights within your account as a result of such actions. The company reserves the right to announce the results of such actions and decide whether to reinstate the use of relevant accounts based on the actual situation. For behaviors suspected of violating laws, regulations, or involving criminal activities, the company will retain relevant records and has the right to report to relevant authorities, cooperate with investigations by relevant authorities, and report to public security authorities. The company is not obligated to restore deleted content.
  2. For your violation of this agreement or other service terms, leading to third-party complaints, lawsuits, or claims, you shall handle and bear all legal responsibilities arising from such actions. If the company compensates any third party or is subject to penalties by government agencies due to your illegal or default behaviors, you shall fully compensate the company for all losses suffered as a result.
  3. The company respects and protects the legitimate rights and interests of users and others in terms of intellectual property rights, reputation rights, name rights, privacy rights, etc. You guarantee that the texts, images, etc. uploaded or processed during the use of GitMind Chat do not infringe upon any third party’s intellectual property rights, reputation rights, name rights, privacy rights, and other rights and legitimate interests. Otherwise, the company has the right to remove content suspected of infringement upon receiving notifications from rights holders or related parties. You shall handle all rights claims made by third parties and bear all legal responsibilities that may arise as a result. If the company suffers losses due to your infringement (including but not limited to economic and reputational losses), you shall fully compensate the company for all losses suffered.
  4. If you use the texts, images, or any form of work generated by GitMind Chat’s service to infringe upon the rights of others, you shall handle and bear all legal responsibilities arising therefrom. If the company suffers losses due to your infringement (including but not limited to economic and reputational losses), you shall fully compensate the company for all losses suffered.
  5. Please understand that the Service is provided as is, in accordance with the current state of affairs as far as existing technology and conditions permit. We will do our best to ensure the continuity and safety of the service, but we cannot guarantee that the service provided will be flawless. Therefore, you also agree that even if there are defects in the services provided by us, if the said defects cannot be avoided by the technical level of the industry at that time, it will not be regarded as a breach of contract on our part, and both parties should solve the problem together in a friendly and cooperative manner.

X. Other Terms

1. The invalidity or unenforceability of any provision of this agreement for any reason shall not affect the validity of the remaining provisions, and the remaining provisions shall still be legally binding on both parties to this agreement.

2. GitMind Chat has the right to modify some or all of the terms of this agreement in accordance with laws, regulations, policies, competent authorities, or the company’s operational needs. However, for updates to this agreement, GitMind Chat will provide a prominent prompt for you to read, and with your confirmation, continue to provide services to you. Of course, if you refuse to accept the updated terms of GitMind Chat, you have the right to stop using the GitMind Chat service. If you continue to use them, it will be deemed that you agree and accept the relevant updates or modifications.

3. This Agreement is a legal agreement between you and the Company regarding your use of the Service, and the effective date of this Agreement shall be the date set forth in the first part of the Agreement, or the expiration of 7 days after the uploading of the Agreement if the effective date is not set forth in the Agreement. At the same time, this Agreement will be binding on both parties after you check “Agree” (the specific wording is subject to the page), and the specific time is subject to the time recorded in the Company’s system.

4. Even if you do not check the “Agree” box (as defined on the page) to this Agreement, the following actions may be deemed by the Company to be your acceptance of all of the terms of this Agreement if they are reasonable and lawful:

(1) clicking to log in to the Service;

(2) actually using the Service;

(3) actually using any products or services (if any) offered by the Company in conjunction with the Service;

(4) actually use any products or services (if any) provided by third parties in conjunction with the Service.

5. The establishment, effectiveness, performance, interpretation, and resolution of disputes of this agreement shall be governed by the laws of the mainland area of the People’s Republic of China.

6. If any disputes arise from this agreement, the parties shall make every effort to resolve them through friendly negotiation. If negotiation fails, you agree to submit the dispute to the Hong Kong International Arbitration Centre (HKIAC)in accordance with its arbitration rules. The arbitration award shall be final and binding on all parties to the dispute. If arbitral tribunal rules that any provision or any part of these terms is unenforceable, the remaining provisions or parts of these terms shall remain fully effective.

7. The titles of all terms in this agreement are for reading convenience only, and they have no actual meanings and cannot be used as a basis for interpreting the meaning of this agreement.

8. Content not mentioned or asserted by GitMind Chat in this agreement shall not be regarded as GitMind Chat waiving the relevant provisions or rights.

9. For the sake of readability and understanding, this agreement will be translated into multiple language versions. In case of conflicts between different versions, the English version of this agreement, namely the “Service Agreement,” shall prevail.

XI. Contact Us

If you have any questions or concerns about this agreement, or if you need to report or complain about behavior that violates this agreement, please contact us using the following methods:

Company Name: WANGXU TECHNOLOGY CO., LIMITED

Address: Room 1101, 11th Floor, Raffles Plaza Office Building, 2163 Nanhai Avenue, Nanshan Street, Nanshan District, Shenzhen

Email: privacy@wangxutech.com

We will respond to your needs within fifteen working days or within the timeframe required by laws and regulations.