Terms of Service
These Terms of Service ("Terms") govern your use of the Gitana website, platform and APIs (the "Service") provided by Gitana Software, Inc. ("Gitana"). By creating an account or using the Service you agree to these Terms. If you accept on behalf of a company or other legal entity, you confirm you have authority to bind it, and "you" means that entity.
These Terms apply to trials and to all purchases, and include our Privacy Policy, any order form or Enterprise agreement you sign with us, and, where signed, our Data Processing Addendum. If an order form or Enterprise agreement conflicts with these Terms, the signed document prevails.
We may update these Terms. We will give at least 30 days' notice of material changes by email or in the Service, and changes apply from your next renewal. Continuing to use the Service after that date means you accept the updated Terms.
A. Account Terms
You must be 16 years or older to use this Service.
Bot registrations are prohibited — accounts may not be created via automated means.
By signing up you accept these Terms.
You must provide your legal name, a valid email address, and any other requested details.
Each login is for a single user; shared accounts are not permitted. Separate logins are available per plan.
You are responsible for maintaining the security of your account and password.
You are responsible for all content posted and activity that occurs under your account.
Multiple free trial accounts for the same entity are prohibited.
You may not use the Service for any illegal purpose or in violation of applicable laws.
B. API Terms
Gitana is not liable for damages arising from API use or third-party products built on the API.
Excessive API requests may result in temporary or permanent access suspension.
Gitana reserves the right to modify or discontinue, temporarily or permanently, your access to the API at any time.
C. Payment, Refunds, Upgrading and Downgrading
Paid plans require a valid credit card or debit card. PayPal and other wallet-based payment methods are not accepted.
Paid plans are billed in advance monthly or annually, depending on the plan you choose, and renew automatically for the same period on the anniversary of your subscription start date. You will be charged the then-current plan fee unless you cancel before the renewal date.
Trial accounts do not require payment details.
Plan fees are fixed monthly or annual tiers as published on the pricing page. No per-feature charges, per-API-call charges, or uplift fees are added beyond the stated plan price, except where agreed separately in writing for Enterprise arrangements.
Upgrades are billed immediately and prorated for the remainder of the current billing cycle.
Service fees are non-refundable for partial months or unused periods, including unused months of an annual term.
All fees are in U.S. Dollars unless specified otherwise.
You are responsible for all applicable taxes except U.S. federal/state taxes on Gitana's income.
Price changes take effect on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity. Downgrades take effect at the start of the next billing cycle.
D. Cancellation and Termination
Cancellation and plan changes may be requested by emailing sales@gitana.io or through your account settings.
All of your Content will be retained for 30 days following cancellation, during which you may export it via the API or UI. It is permanently deleted after this period.
Cancellation takes effect at the end of the current billing period. You retain full access to the Service until that date; no further charges will be made after cancellation is confirmed.
Gitana may suspend or terminate accounts at any time for violation of these Terms, non-payment, applicable law, or other legitimate business reasons.
Termination results in account deactivation. Content is retained for 30 days then permanently deleted.
E. Modifications to the Service and Prices
Gitana may modify or discontinue the Service, temporarily or permanently, at any time.
Price changes require 30 days' notice.
Gitana is not liable for modifications, price changes, or discontinuance of the Service.
F. Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service.
Gitana reserves the right to refuse or remove content deemed objectionable.
You must defend Gitana against third-party claims regarding your content.
The look and feel of the Service is copyrighted by Gitana; duplication is prohibited without permission.
G. Use for Reference
Gitana may use your company or organization name (not individual names or personal contact details) as a reference on our website to indicate that your organization is a customer.
You may opt out at any time by emailing sales@gitana.io, and we will remove the reference within 5 business days.
H. General Conditions
The Service is provided "as-is" without guarantees of any kind, except where Gitana has provided a written uptime SLA commitment, in which case the terms of that commitment govern availability obligations for paying customers on the applicable plan.
Email support is available in English to paying customers only.
Gitana uses third-party vendors for infrastructure and hosting.
You may not modify the Service or falsely associate yourself with Gitana.
Copying or reselling access to the Service is prohibited.
Unlawful, offensive, or infringing content is subject to removal.
Verbal, physical, or written abuse of Gitana staff results in immediate account termination.
Content you transmit to Gitana's services is encrypted in transit using TLS 1.3. Gitana does not control the encryption policies of third-party networks or customer-managed destination endpoints.
Unsolicited emails, SMS, or spam are prohibited.
Distributing worms, viruses, or destructive code is forbidden.
Excessive bandwidth usage may result in account suspension or throttling.
Gitana provides no warranties regarding performance, accuracy, or error correction.
To the maximum extent permitted by applicable law, Gitana's aggregate liability arising out of or relating to these Terms shall not exceed the fees paid by you to Gitana in the twelve months immediately preceding the event giving rise to the claim. Gitana shall not be liable for any indirect, incidental, special, consequential, or exemplary damages. Nothing in these Terms limits Gitana's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by applicable law.
Neither party shall be liable for any failure or delay in performance caused by events beyond their reasonable control, including acts of God, natural disasters, war, terrorism, internet backbone failures, or AWS region outages, provided the affected party gives prompt written notice and uses reasonable efforts to resume performance.
These Terms are governed by Massachusetts law; disputes are subject to exclusive jurisdiction in Massachusetts courts. Nothing in this clause removes mandatory statutory rights that apply to you under the law of your country of residence.
These Terms constitute the entire agreement between you and Gitana and supersede all prior agreements.
I. GDPR and International Data Transfers
Where Gitana processes personal data on behalf of customers subject to the EU General Data Protection Regulation (GDPR) or UK GDPR, such processing is governed by a Data Processing Addendum (DPA) available on request from legal@gitana.io. Where executed, the DPA forms part of these Terms.
International transfers of personal data from the European Economic Area to Gitana are made under EU Standard Contractual Clauses (Module 2 — controller to processor), incorporated by reference into the DPA. For transfers from the United Kingdom, the UK Addendum to the EU Standard Contractual Clauses (as approved by the ICO) applies.
Nothing in these Terms limits the rights of EEA or UK data subjects under applicable data protection law, including the right to lodge a complaint with a supervisory authority.
Contact
Legal inquiries: legal@gitana.io
Gitana Software, Inc.
22 Boston Wharf Road, 7th Floor
Boston, MA 02210, USA