Terms and Conditions
Effective date: January 5, 2026
IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This Agreement constitutes a legally binding contract between you ("you," "your," "User," "Customer") and GitScrum ("GitScrum," "we," "us," "our," "Company"). By accessing, registering for, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and all policies referenced herein, including our Privacy Policy and Security Policy.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
These Terms and Conditions ("Terms," "Agreement") govern your use of the GitScrum platform, website, and related services (collectively, the "Service") available at https://gitscrum.com and through our web and mobile applications.
1. Acceptance of Terms
1.1 Binding Agreement
By creating an account, accessing, or using any part of the Service, you expressly agree to be bound by these Terms and all applicable laws and regulations. This Agreement is effective as of the date you first access the Service or create an account, whichever occurs first (the "Effective Date").
1.2 Authority to Agree
If you are entering into this Agreement on behalf of an organization or legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, "you" and "your" refer to both you as an individual and the organization you represent.
1.3 Age Requirement
You must be at least 16 years of age (or the applicable age of digital consent in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
1.4 Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated to you at least 30 days prior to their effective date via email or through prominent notice on the Service. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue use of the Service and may cancel your account as described in Section 12.
2. Description of Service
GitScrum is a cloud-based project management and team collaboration platform that enables organizations to plan, track, and manage projects using agile methodologies. The Service includes, but is not limited to:
- Project and task management tools
- Team collaboration features
- Real-time updates and notifications
- Integrations with third-party applications
- Reporting and analytics capabilities
- File storage and sharing functionality
- API access (on applicable plans)
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, though we will make reasonable efforts to notify users of material changes affecting their use of the Service.
3. Account Registration and Responsibilities
3.1 Account Creation
To access certain features of the Service, you must create an account by providing accurate, current, and complete information, including:
- Full name
- Valid email address
- Company name (if applicable)
- Other information as required during registration
3.2 Account Security
You are solely responsible for:
- Maintaining the confidentiality of your account credentials (username and password)
- All activities that occur under your account, whether authorized by you or not
- Promptly notifying us of any unauthorized access or security breach at security[at]gitscrum.com
You must not:
- Share your account credentials with third parties
- Allow third parties to access your account without permission
- Use another user's account without permission
- Create multiple accounts for fraudulent purposes
3.3 Account Accuracy
You agree to maintain accurate, complete, and current account information. Failure to do so may result in suspension or termination of your account and inability to access the Service.
3.4 Account Termination by GitScrum
We reserve the right to suspend or terminate your account immediately, without notice, if:
- You violate these Terms or any applicable laws
- Your account is used for fraudulent, abusive, or illegal activities
- Your payment obligations are not fulfilled
- We are required to do so by law or government authority
- Continued provision of Service poses security or legal risks
4. Subscription Plans and Pricing
4.1 Plan Tiers
GitScrum offers the following subscription plans:
Free Plan:
- Price: $0.00 (free)
- User Limit: Up to 2 users
- Features: Limited feature set with restricted functionality
- Data Retention: Unlimited data history available on Paid Plan
- No Payment Information Required: Credit card or payment details are not required for Free Plan accounts
Paid Plan:
- Price: $8.90 per user per month
- User Limit: Unlimited users (minimum billing of 1 user)
- Features: Full access to all GitScrum features and functionality
- Data Retention: Unlimited data history
- Billing Frequency: Monthly or Annual subscription (20% discount on annual plans)
4.2 Per-User (Seat-Based) Pricing Model
GitScrum employs a per-user (seat-based) pricing model. You will be charged based on the total number of active users in your workspace. Each user added to your workspace constitutes one billable seat at $8.90 per user per month (or equivalent annual rate with 20% discount for annual subscriptions).
Active User Definition: An active user is any individual who has been invited to and has access to your GitScrum workspace, regardless of whether they actively use the platform during the billing period.
4.3 Billing Cycle
Subscriptions are available on monthly or annual billing cycles. Your Billing Cycle begins on the date you first subscribe to a Paid Plan and renews automatically on the same day of each subsequent month (for monthly plans) or year (for annual plans).
Example: If you subscribe to a monthly plan on January 15, your billing cycle runs from January 15 to February 14, with the next billing date being February 15. For annual plans, the cycle would run from January 15 one year to January 14 the following year.
4.4 Adding Users - Pro-Rata Billing
When you add users to your workspace during an active billing cycle, you will be charged a prorated amount for the remaining days in the current billing cycle.
Pro-Rata Calculation:
The prorated charge is calculated as follows: (Price per User / Days in Month) × Remaining Days in Billing Cycle
Example:
- Monthly subscription: $8.90 per user
- Billing cycle: 30 days
- User added: 15 days into billing cycle
- Remaining days: 15 days
Prorated Charge = ($8.90 / 30) × 15 = $4.45. You will be immediately charged $4.45 for the new user, and starting from the next billing cycle, you will be charged the full $8.90 per month for that user.
4.5 Removing Users - Billing Adjustment
When you remove users from your workspace, the billing adjustment will take effect at the start of your next billing cycle. No prorated credits or refunds are provided for removed users during the current billing cycle.
Important: If you remove a user mid-cycle, you will continue to be charged for that user until the end of the current billing period. The reduced charge will apply starting from the next billing cycle.
Example:
- You remove a user on January 20
- Current billing cycle ends January 31
- You will still be charged for that user until January 31
- Starting February 1, your subscription will reflect the reduced user count
4.6 Automatic Subscription Renewal
Your subscription will automatically renew at the end of each Billing Cycle under the same terms and conditions unless you cancel your subscription before the renewal date. You authorize GitScrum and our payment processor (Stripe) to automatically charge your designated payment method for each renewal period.
5. Payment Terms
5.1 Payment Method
A valid payment method is required to subscribe to a Paid Plan. Accepted payment methods include major credit cards, debit cards, and other methods supported by our payment processor, Stripe.
By providing payment information, you:
- Represent and warrant that you are authorized to use the designated payment method
- Authorize GitScrum and Stripe to charge all subscription fees to your payment method
- Agree to maintain valid and current payment information
5.2 Payment Processing
All payment processing is handled securely by Stripe, a PCI-DSS compliant third-party payment processor. GitScrum does not store or have access to your complete payment card details.
By using Stripe's payment services, you also agree to Stripe's Terms of Service available at https://stripe.com/legal.
5.3 Billing and Invoicing
You will receive an electronic invoice for each billing cycle via email. Invoices are also accessible through the Stripe Customer Portal integrated into your GitScrum account.
5.4 Failed Payments
If an automatic charge fails due to insufficient funds, expired card, or other payment issues:
- You will receive notification via email
- We will attempt to process payment again according to Stripe's retry schedule
- Your access to the Service may be suspended or downgraded if payment remains unsuccessful
- You are responsible for updating payment information to resolve failed charges
Continued failure to make payment may result in account suspension or termination and loss of data.
5.5 Taxes
All fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including value-added tax (VAT), goods and services tax (GST), sales tax, or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with your subscription, except for taxes based on GitScrum's net income.
If we are required to collect or pay Taxes, those amounts will be added to your invoice. You agree to provide us with any tax identification information reasonably requested to comply with applicable tax regulations.
6. Subscription Management and Cancellation
6.1 Managing Your Subscription
You can manage your subscription, including viewing billing history, updating payment methods, adding or removing users, and canceling your subscription through the Stripe Customer Portal integrated into your GitScrum account.
To Access Stripe Customer Portal:
- Log in to your GitScrum account
- Navigate to Account Settings → Billing
- Click "Manage Subscription" to access the Stripe Customer Portal
- Perform desired actions (update payment method, view invoices, cancel subscription, etc.)
6.2 Cancellation Process
You may cancel your subscription at any time through the Stripe Customer Portal. To cancel:
- Access the Stripe Customer Portal through your GitScrum account settings
- Select "Cancel Subscription"
- Follow the prompts to confirm cancellation
- You will receive email confirmation of cancellation
Alternatively, you may request cancellation by contacting customer support at customer.service[at]gitscrum.com.
6.3 Effect of Cancellation
Upon cancellation:
- Your subscription will remain active until the end of the current billing cycle
- You will retain access to Paid Plan features until the billing cycle ends
- No charges will be made for subsequent billing cycles
- At the end of the billing cycle, your account will automatically downgrade to the Free Plan (subject to Free Plan limitations)
- Important: If your workspace has more than 2 users when downgraded to the Free Plan, you must remove users to comply with Free Plan restrictions, or your account may be suspended
6.4 No Refunds or Credits
All subscription fees are non-refundable. We do not provide refunds, credits, or prorated refunds for:
- Partial months of service
- Unused time on a subscription
- Subscriptions canceled mid-cycle
- Downgraded or canceled subscriptions
- Removed users (see Section 4.5)
- Features not used or dissatisfaction with the Service
No Free Trial: GitScrum does not offer a free trial period for Paid Plans. However, you may use the Free Plan indefinitely to evaluate the platform before subscribing to a Paid Plan.
Exception: Refunds may be provided at GitScrum's sole discretion in cases of billing errors, duplicate charges, or as required by applicable law.
6.5 Subscription Fee Changes
GitScrum reserves the right to change subscription fees at any time. We will provide you with at least 30 days' advance written notice before any fee increase takes effect. The notice will be sent via email to the address associated with your account.
Your Options Upon Fee Change:
- Accept the new fees: Continue your subscription under the updated pricing
- Cancel your subscription: Cancel before the new fees take effect to avoid being charged the increased amount
If you do not cancel your subscription before the effective date of the fee change, your continued use of the Service constitutes acceptance of the new pricing.
7. Free Plan and Data Retention
7.1 Free Plan Limitations
The Free Plan is subject to the following limitations:
- User Limit: Maximum of 2 active users
- Feature Restrictions: Limited access to certain advanced features (e.g., advanced reporting, API access, custom integrations, priority support)
7.2 Data Retention for Free Accounts
Important Notice: GitScrum does not delete your workspace data.
Recommendation: To access advanced features, enhanced collaboration tools, and priority support, consider upgrading to a Paid Plan.
7.3 Upgrade from Free Plan
You may upgrade from a Free Plan to a Paid Plan at any time by:
- Log in to your GitScrum account
- Navigate to Settings (gear icon in the sidebar)
- Select the "Subscription" tab
- Choose between Monthly or Annual billing (Annual saves 20%)
- Provide valid payment information through our secure Stripe payment gateway
- Confirm your subscription
Upon upgrading, you will immediately gain access to all Paid Plan features, including advanced reporting, API access, custom integrations, and priority support.
8. Content Ownership and Intellectual Property
8.1 Your Content
You retain all ownership rights to any content, data, information, files, or materials you upload, submit, store, send, or receive through the Service ("Your Content"). This includes, but is not limited to:
- Project data and task information
- Documents and files
- Comments and communications
- Custom configurations and branding elements (if applicable)
- User-generated content
GitScrum does not claim any ownership rights over Your Content.
8.2 License to GitScrum
By uploading or submitting Your Content to the Service, you grant GitScrum a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, adapt, publish, transmit, and display Your Content solely to the extent necessary to:
- Provide, maintain, and improve the Service
- Perform backups and ensure data redundancy
- Comply with legal obligations
- Enforce these Terms
This license terminates when you delete Your Content from the Service or upon termination of your account, except where continued storage is required by law or for legitimate business purposes (e.g., backups, dispute resolution).
8.3 Your Responsibilities for Your Content
You are solely responsible for Your Content and represent and warrant that:
- You own or have the necessary rights, licenses, and permissions to upload and use Your Content
- Your Content does not infringe, violate, or misappropriate any third-party intellectual property, privacy, publicity, or other rights
- Your Content complies with these Terms and all applicable laws and regulations
You agree to indemnify and hold GitScrum harmless from any claims arising from Your Content or your violation of these representations.
8.4 GitScrum's Intellectual Property
The Service, including its software, design, features, functionality, text, graphics, logos, trademarks, user interface, and all related intellectual property rights, is owned by GitScrum and its licensors.
You agree not to:
- Copy, reproduce, modify, adapt, or create derivative works of the Service
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.) on the Service
- Use GitScrum's trademarks, logos, or trade dress without express written permission
All rights not expressly granted to you in these Terms are reserved by GitScrum.
8.5 Feedback
If you provide GitScrum with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant GitScrum a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and incorporate such Feedback into the Service without any obligation of attribution or compensation to you.
9. User Conduct and Acceptable Use
9.1 Prohibited Conduct
You agree not to use the Service to:
Illegal Activities:
- Violate any applicable local, state, national, or international law or regulation
- Engage in fraudulent, deceptive, or misleading activities
- Infringe or violate the intellectual property, privacy, publicity, or other rights of others
Harmful Activities:
- Upload, transmit, or distribute viruses, malware, or any other malicious code
- Attempt to gain unauthorized access to the Service, other accounts, systems, or networks
- Interfere with, disrupt, or overload the Service or servers/networks connected to the Service
- Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
Abusive Behavior:
- Harass, threaten, intimidate, impersonate, or defame other users or third parties
- Post or transmit content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Stalk, exploit, or harm minors in any way
- Engage in hate speech, discrimination, or incitement of violence
Misuse of Service:
- Use automated scripts, bots, spiders, or scrapers to access or extract data from the Service without authorization
- Resell, sublicense, or redistribute access to the Service without GitScrum's written permission
- Use the Service for benchmarking or competitive analysis without authorization
- Attempt to circumvent usage limits, restrictions, or security measures
9.2 Content Standards
All content you post, upload, or transmit through the Service must:
- Be accurate and not misleading
- Comply with applicable laws and regulations
- Respect the intellectual property and privacy rights of others
- Not contain malicious code or links to harmful websites
9.3 Monitoring and Enforcement
While GitScrum has no obligation to monitor user content or conduct, we reserve the right to:
- Review, monitor, and remove content that violates these Terms or is otherwise objectionable
- Investigate suspected violations of these Terms or illegal activities
- Cooperate with law enforcement and government authorities
- Suspend or terminate accounts that violate these Terms
We reserve the right to take any action we deem appropriate, including account suspension or termination, without prior notice, if you engage in prohibited conduct.
9.4 Community Standards and Reviews
We encourage constructive feedback and respectful community engagement. When posting reviews, comments, or feedback about GitScrum:
Respectful Conduct: Engage with respect for other users, GitScrum, and our team. Personal attacks, derogatory language, and baseless accusations are prohibited.
Truthful Information: Do not post false, misleading, or defamatory statements with malicious intent to harm GitScrum's reputation.
Constructive Feedback: Negative reviews are accepted and valued when they include specific, actionable feedback that helps us improve.
Consequences for Violations:
Posting malicious reviews, spreading false information, or engaging in harmful behavior may result in:
- Content removal
- Account suspension or termination
- Legal action if conduct causes significant harm or violates applicable laws
10. GDPR Compliance and Data Processing
10.1 Data Controller and Processor Relationship
GitScrum is based in Europe and fully complies with the European Union's General Data Protection Regulation (GDPR).
When you use GitScrum:
- You act as the Data Controller for any personal data you input about your team members, clients, or third parties
- GitScrum acts as the Data Processor, processing personal data on your behalf according to your instructions and in compliance with GDPR Article 28
10.2 Data Processing Agreement (DPA)
For customers who process personal data through GitScrum, a Data Processing Agreement (DPA) governs our processor relationship. The DPA includes:
- Subject matter, duration, nature, and purpose of processing
- Types of personal data and categories of data subjects
- Your rights and obligations as Data Controller
- GitScrum's obligations as Data Processor (security, confidentiality, subprocessors, data breach notification, data deletion)
- Audit rights and compliance verification
To request our standard DPA, please contact: legal[at]gitscrum.com.
10.3 Your Privacy Rights
For detailed information about how we collect, use, store, and protect your personal data, and your rights under GDPR (access, rectification, erasure, restriction, portability, objection), please refer to our Privacy Policy.
10.4 Profile Information Display
By using GitScrum, you acknowledge and consent that certain profile information (such as your name, profile photo, and actions within the platform) may be displayed to other users within your workspace to facilitate collaboration and community engagement.
If you integrate GitScrum with third-party applications (e.g., Slack, Google Workspace), your profile information and actions may also be visible within those integrated platforms according to their respective privacy policies.
11. Third-Party Services and Links
11.1 Third-Party Integrations
GitScrum may integrate with or link to third-party services, applications, or websites ("Third-Party Services") to enhance functionality. Examples include:
- Slack
- Google Workspace
- Microsoft Teams
- GitHub
- Other productivity and collaboration tools
When you connect Third-Party Services:
- You authorize GitScrum to share specific data with the third-party provider as necessary for the integration
- The third party's terms of service and privacy policy govern their use of your data
- GitScrum is not responsible for the practices, content, or policies of Third-Party Services
- You may revoke integration permissions at any time through your account settings
11.2 Links to External Sites
The Service may contain links to third-party websites not operated or controlled by GitScrum. We provide these links for your convenience, but we do not endorse or assume responsibility for:
- The content, accuracy, or legality of information on external sites
- The privacy practices or security of external sites
- Any damages or losses resulting from your use of external sites
Your use of third-party websites is entirely at your own risk. We strongly encourage you to review the terms and privacy policies of any external sites you visit.
11.3 Legal Consequences of Third-Party Conduct
If your actions on Third-Party Services or external websites:
- Result in legal disputes or infringements
- Violate the terms of those platforms
- Cause harm to GitScrum's reputation or operations
GitScrum reserves the right to suspend or terminate your account, even if the conduct occurred outside our platform, if it violates these Terms or applicable laws.
12. Term, Termination, and Account Closure
12.1 Term of Agreement
This Agreement begins on the Effective Date (as defined in Section 1.1) and continues until terminated by either party in accordance with this Section.
12.2 Termination by You (Termination for Convenience)
You may terminate this Agreement at any time by:
- Canceling your subscription through the Stripe Customer Portal (as described in Section 6.2)
- Closing your account by contacting customer.service[at]gitscrum.com and requesting account deletion
Upon termination by you:
- Your subscription will remain active until the end of the current billing cycle (no refunds provided)
- After the billing cycle ends, your account will be downgraded to Free Plan or deleted, depending on your preference
- You will lose access to Paid Plan features and any data subject to Free Plan retention policies
12.3 Termination by GitScrum (Termination for Cause)
GitScrum may terminate this Agreement and your account immediately, without notice, if:
- You materially breach these Terms and fail to remedy the breach within 30 days of receiving written notice from us
- You engage in prohibited conduct as described in Section 9
- Your account is used for fraudulent, illegal, or abusive activities
- You fail to pay subscription fees when due, and payment issues remain unresolved after notice
- You cease operations, file for bankruptcy, or become subject to insolvency proceedings
- We are required to terminate by law, court order, or government authority
- Our relationship with a third-party partner essential to providing the Service ends or is materially altered
- Continued provision of Service poses legal, security, or reputational risks
12.4 Termination by Either Party
Either party may terminate this Agreement if the other party:
- Does not remedy a material breach within 30 days following written notice
- Becomes subject to bankruptcy, receivership, insolvency, or similar proceedings (and such proceedings are not dismissed within 60 days)
12.5 Effect of Termination
Upon termination of this Agreement for any reason:
Financial Obligations:
- You remain responsible for all fees and charges accrued up to the termination date
- No refunds will be provided for unused portions of subscriptions
- Any outstanding payment obligations become immediately due and payable
Data and Content:
- You are responsible for exporting and backing up Your Content before termination
- GitScrum will retain Your Content for a limited period (typically 30 days) to allow you to retrieve it, after which it will be permanently deleted
- Upon your request, we may delete Your Content immediately upon termination, subject to legal and backup retention requirements
Access:
- Your access to the Service will be terminated or downgraded (to Free Plan, if applicable)
- All licenses and rights granted to you under these Terms will immediately cease
Survival:
Sections of these Terms that by their nature should survive termination will continue to apply, including: Sections 3.2 (Account Security), 8 (Intellectual Property), 13 (Limitation of Liability), 14 (Disclaimer), 15 (Indemnification), 16 (Governing Law and Dispute Resolution), and this Section 12.5
12.6 No Liability for Termination
GitScrum shall not be liable to you or any third party for any termination of your account or access to the Service, except as expressly set forth in these Terms.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
13.1 Disclaimer of Indirect Damages
GitScrum, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "GitScrum Parties") shall not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to:
- Your use or inability to use the Service
- Unauthorized access to or alteration of your account or content
- Loss of data, profits, revenue, business opportunities, or goodwill
- Service interruptions, errors, or downtime
- Third-party conduct or content on the Service
- Any other matter relating to the Service
This limitation applies regardless of:
- The legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise)
- Whether GitScrum has been advised of the possibility of such damages
13.2 Cap on Direct Damages
To the extent GitScrum Parties are found liable for direct damages, the total aggregate liability of GitScrum Parties shall not exceed the greater of:
- The total fees you paid to GitScrum in the 12 months preceding the event giving rise to liability, or
- €100
13.3 Jurisdictions That Do Not Allow Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions shall apply to the maximum extent permitted by applicable law.
13.4 Basis of the Bargain
You acknowledge and agree that these limitations of liability are fundamental elements of the Agreement between you and GitScrum, and that GitScrum would not provide the Service without these limitations.
14. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.1 No Warranties
GitScrum Parties disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
- Warranties that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
- Warranties regarding the accuracy, reliability, or completeness of content, information, or data available through the Service
- Warranties that defects or errors will be corrected
14.2 Assumption of Risk
You acknowledge and agree that:
- Your use of the Service is at your sole risk
- You are solely responsible for any damage to your computer system, mobile device, or loss of data resulting from your use of the Service
- No advice or information, whether oral or written, obtained from GitScrum or through the Service will create any warranty not expressly stated in these Terms
14.3 Force Majeure
GitScrum shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15. Indemnification
15.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless GitScrum Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:
- Your use or misuse of the Service
- Your violation of these Terms or any applicable laws or regulations
- Your Content, including any infringement of third-party intellectual property, privacy, or other rights
- Your violation of the rights of any third party, including other users
- Any unauthorized access to the Service through your account due to your failure to safeguard your credentials
15.2 Defense and Settlement
GitScrum reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any claim without GitScrum's prior written consent.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.
16.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in Portugal, and you consent to the personal jurisdiction and venue of such courts.
16.3 Dispute Resolution
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes informally by contacting legal[at]gitscrum.com and providing a detailed description of the dispute and proposed resolution. GitScrum will respond within 30 days.
If the dispute cannot be resolved informally within 60 days, either party may pursue legal remedies in accordance with Section 16.2.
16.4 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, the entirety of this arbitration/dispute resolution provision shall be null and void.
17. Copyright Policy and DMCA Compliance
17.1 Respect for Copyright
GitScrum respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and equivalent copyright laws in Portugal and the European Union.
17.2 Reporting Copyright Infringement
If you believe that content on the Service infringes your copyright, please send a written notice to our designated Copyright Agent at:
Email: legal[at]gitscrum.com
Subject Line: DMCA Copyright Infringement Notice
Your notice must include:
- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to have been infringed
- Identification of the infringing material and information sufficient to locate it on the Service (e.g., URL)
- Your contact information (name, address, telephone number, email address)
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
17.3 Counter-Notification
If you believe your content was removed in error, you may submit a counter-notification containing:
- Your physical or electronic signature
- Identification of the removed content and its prior location
- A statement under penalty of perjury that you have a good faith belief the content was removed in error
- Your name, address, telephone number, and consent to jurisdiction in Portugal
17.4 Repeat Infringer Policy
GitScrum will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy, Security Policy, and any applicable DPA, constitute the entire agreement between you and GitScrum regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
18.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18.3 Waiver
GitScrum's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by GitScrum.
18.4 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without GitScrum's prior written consent. GitScrum may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
18.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated herein.
18.6 Notices
All notices under these Terms shall be in writing and shall be deemed given when:
- Delivered personally
- Sent by confirmed email to the address associated with your account (for notices to you)
- Sent to legal[at]gitscrum.com (for notices to GitScrum)
- Three business days after being sent by certified or registered mail, return receipt requested
18.7 Language
These Terms are drafted in English. If these Terms are translated into another language, the English version shall prevail in the event of any conflict or inconsistency.
18.8 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
19. Updates to These Terms
GitScrum reserves the right to modify or update these Terms at any time to reflect changes in our business practices, legal requirements, or operational needs.
19.1 Notice of Material Changes
When we make material changes to these Terms, we will:
- Update the "Last Updated" date at the top of this document
- Provide you with at least 30 days' advance notice via email to the address associated with your account
- Post a prominent notice on the Service
19.2 Acceptance of Changes
Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your account before the changes take effect.
19.3 Accessing Previous Versions
Previous versions of these Terms are available upon request by contacting legal[at]gitscrum.com.
20. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms and Conditions, please contact us:
Customer Service:
Email: customer.service[at]gitscrum.com
Response Time: We aim to respond within 2 business days
Legal Department:
Email: legal[at]gitscrum.com
Billing and Subscription Inquiries:
Access your Stripe Customer Portal via Account Settings → Billing in your GitScrum account, or contact customer.service[at]gitscrum.com
