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--- tos [2025/06/15 15:48] – admin
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-====== License and Terms of Service ======
+======Git Winch License and Terms of Service======
 **Version 1.0: June 14, 2025**
-This License and Terms of Service (hereby referred to as the "Terms") govern your use of the software named "Git Winch" and/or services offered for it. Every user who uses this software and its associated services, is assumed to have and agreed to these terms without any exception or changes to any of the clauses mentioned herein.
-This software and services for this software were developed by Mr. Sabu Francis, a resident of Navi Mumbai, citizen of India. This intellectual property of //"Git Winch"// and its associated services are  Copyright © of Sabu Francis - 2025. All rights are reserved.
+----
-Mr. Sabu Francis is hereby referred to in this document as "SF". The word "you" refers to anyone who uses this software developed by "SF".
+=====1. ACCEPTANCE OF TERMS=====
-This Terms of Service has several parts. First one explains the use of the software that is developed and offered by "SF". The second concerns services provided by "SF" through the //Git Winch// platform. Third section explains future commercialization of this software.
+By accessing or using //Git Winch// software and services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
-===== A) Terms for Usage of Software =====
+===== 2. ABOUT Git Winch =====
-"SF" develops software for regular computers, available as "Software as a Service" (collectively referred to here as "Software"). The Software includes the //Git Winch// platform, a collaboration tool for teams. By using any such Software, you agree to be bound by these Terms for the concerned Software.
-//Git Winch// is such a software that works in a hybrid fashion: One part as an application on computer and the other part as a web-app.
+//Git Winch// is a hybrid office management platform that combines desktop application and web-based services for file management, team collaboration, task tracking, and Git repository integration. The Service is designed for small to medium-sized businesses and their teams but can be also used by divisions in large organizations too.
-==== A.1 License ====
+===== 3. DEFINITIONS =====
-"SF" grants you a non-exclusive, non-transferable, revocable license to use the Software for your own personal or commercial purposes, in accordance with your subscription and subject to payment of applicable fees.
-==== A.2 Restrictions ====
+  * **"Service"** means the //Git Winch// software, web application, and related services
+  * **"Company"** means Mr Sabu Francis of Navi Mumbai, India, and his authorized representatives
+  * **"User"** or **"you"** means any individual or entity using the Service
+  * **"Content"** means files, data, tasks, notes, and other materials created or stored using the Service
-You should not use the Software for any illegal or unauthorized purpose. Illegal or unauthorized purpose would be as defined by the Indian Information Technology Act of 2000, along with its annexures and amendments.
+===== 4. SOFTWARE LICENSE =====
-You should not modify, adapt, or create derivative works of the Software. You should not reverse engineer, decompile, or disassemble the Software. You should not remove any copyright, trademark, or other proprietary notices from the Software.
-You should not distribute the Software to any third party without the written consent from "SF". Customized distribution is permitted provided you have become a paid customer of //Git Winch//.
+==== 4.1 License Grant ====
-You should not distribute any written material given for the Software and/or Services to any third party without the written consent from "SF".
+Subject to these Terms and payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or commercial purposes.
-==== A.3 Additional Terms for Software or Override ====
+==== 4.2 License Restrictions ====
-The Software that you use could have additional terms and conditions or an entirely new terms of use which will override this document; and if so, that would be specified on the website of Git Winch at [[https://gitwinch.com|Git Winch website]]. The terms in this document (the one you are reading now) apply if there are no such additional terms or new terms on the website of //Git Winch//.
+You may not:
-==== A.4 Limitations ====
+  * Use the Service for illegal purposes or in violation of applicable laws
+  * Modify, reverse engineer, decompile, or disassemble the software
+  * Remove copyright, trademark, or proprietary notices
+  * Distribute or resell the Service without written authorization
+  * Create derivative works based on the Service
+  * Share documentation or materials without written consent
-The license for you to use the Software may be limited to a specific time and/or as per certain payment conditions that you need to meet; both of which would be specified on the website of Git Winch at [[https://gitwinch.com|Git Winch website]].
+==== 4.3 Permitted Distribution ====
-==== A.5 Scope and Applicability ====
+Customized distribution may be permitted subject to separate written agreement. After you setup //Git Winch// at your office, the //Git Winch// application folder may be zipped up and distributed only to other members of your office and nobody else.
-This license may be suitably modified or extended as per contractual agreements that "SF" may have with other entities. News of those agreements, and the additional terms or changes to these Terms which that would entail, would be published on the Twitter(x.com) handle of //Git Winch//, which is @gitwinch at [[https://x.com/@gitwinch|Git Winch Twitter]].
+===== 5. USER ACCOUNTS AND REGISTRATION =====
-==== A.6 Termination ====
-"SF" may terminate your license to use the Software at any time if you violate any of the terms described for the Software, or due to Force-Majeure reasons. Upon termination, you must cease all use of the Software.
+==== 5.1 Account Creation ====
-==== A.7 Disclaimer of Warranties ====
+To use the Service, you must create an account by registering at https://app.gitwinch.com/register. If you are using a custom installation of the Service, you must contact the entity that setup the custom installation for the registration link. You are responsible for maintaining the confidentiality of your account credentials.
-The Software is provided "as is". "SF" makes no warranties, express or implied, about the Software. "SF" does not warrant that the Software will be error-free or that it will meet your requirements.
+==== 5.2 Account Responsibility ====
-==== A.8 Limitation of Liability ====
+You are solely responsible for all activities that occur under your account and must notify us immediately of any unauthorized use.
-In no event shall "SF" be liable to you for any damages, including direct, indirect, incidental, special, or consequential damages, arising out of or in connection with your use of the Software and/or the Services.
+====  5.3 Eligibility ====
-==== A.9 Support for Software ====
+You must be at least 18 years old or have legal capacity to enter into agreements in your jurisdiction.
-You shall be given support for the Software only from the website https://support.sabufrancis.com
+=====  6. PRICING AND PAYMENT =====
-==== A.10 Governing Law ====
-These Terms shall be governed by and construed in accordance with the laws of India.
+====  6.1 Pricing Model ====
-===== B) Terms for Usage of Services =====
+//Git Winch// operates on a pay-as-you-go credit system. Current pricing is available at https://gitwinch.com/pricing.
-==== B1. Scope of Services ====
+====  6.2 Payment Terms ====
-These terms apply to the services provided by "SF" through the //Git Winch// platform, an office data management, people management and collaboration tool designed for all types of businesses to manage files, track tasks, and integrate with remote Git repositories.
+  * Credits must be purchased in advance before consumption
+  * New accounts may receive complimentary starter credits
+  * No refunds would be given for partial usage or early termination
+  * All fees are exclusive of applicable taxes
-//Git Winch// services may be hosted by "SF" or on infrastructure managed by you, as specified in your subscription or agreement as per details available on the Git Winch website at [[https://gitwinch.com|Git Winch website]].
+====  6.3 Price Changes ====
-==== B2. Fees ====
+Pricing changes will be announced via our official channels (@gitwinch on Twitter/X) with reasonable advance notice.
-The fees for the software and services will be as specified on the //Git Winch// website at [[https://gitwinch.com|Git Winch website]]. All fees are exclusive of taxes, which you are responsible for paying as per your jurisdiction.
+====  6.4 Account Suspension ====
-==== B3. Payment Terms ====
+Accounts with insufficient credits will be paused (not deleted) until additional credits are purchased.
-Fees may be charged on a pay-as-you go basis where you recharge your account with credits that you need to purchase or as a one-time payment as per details provided on the pricing section of the //Git Winch// website. There are no refunds for partial usage or early termination. Credits have to be paid for in advance, before they are consumed. However, new users will get some amount of credits free of cost as mentioned on our website.
+=====  7. DATA AND PRIVACY =====
-When you make any form of payment for using this software and/or its associated services, it does not imply that you own this software or the services. The payment is only for the respective //usage// of the software and/or services mentioned herein.
-If and when there are changes to the pricing, the same would be announced on Twitter (X.com) on the @gitwinch handle.
+====  7.1 Your Content ====
-==== B4. Confidentiality ====
+You retain ownership of all Content you create or upload. Company does not claim ownership of your files, tasks, notes, or other user-generated content.
-"SF"  will keep all confidential information provided by you secure, including metadata stored on our servers (e.g., file paths, task details, file notes). Clipboard data captured by the service remains on your device and is not transmitted to our servers. When you use the clipboard data to create a card at //Git Winch's// Kanban System, it is done voluntarily by you.
+====  7.2 Data Security ====
-==== B5. Intellectual Property ====
+Company implements reasonable security measures to protect your data, including:
-All content produced by you using Git Winch (e.g., files, tasks, notes) remains your property. "SF" retains ownership of the Software and services, including all associated intellectual property.
+  * Secure storage of metadata (file paths, task details, notes)
+  * Local storage of clipboard data (not transmitted to servers)
+  * Industry-standard encryption and security practices
-==== B6. Limitation of Liability ====
+//Git Winch// does NOT handle your files that are created and edited via the software. You are responsible for setting up your own Git remote hosting for your files. The company is not responsible for the protection or usage of that data.
-"SF" will not be liable for any damages, direct or indirect, arising out of or in connection with the services, except for damages caused by the gross negligence or intentional misconduct of "SF".
+====  7.3 Data Retention ====
-==== B7. Term and Termination ====
+Upon account termination, your metadata will be deleted from our servers after 30 days. You are responsible for exporting your files from Git repositories before termination.
-This agreement will commence on the date you create an account and will continue until terminated. You may terminate your account at any time, with no refunds for partial usage or one-time payments.
+====  7.4 Privacy Policy ====
-"SF" may terminate your account with notice if you violate these Terms, fail to pay fees, or for Force-Majeure reasons. Upon termination, your metadata will be deleted from our servers after 30 days, and you must export your files from your Git repository.
+Our data collection and use practices are governed by our Privacy Policy, incorporated by reference into these Terms.
-==== B8. Governing Law ====
+=====  8. INTELLECTUAL PROPERTY =====
-This agreement will be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be resolved through binding arbitration in Mumbai, Maharashtra, India, in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.
-==== B9. Override Clause ====
+====  8.1 Company IP ====
-Some specific custom installations of //Git Winch// and/or its service may have their own licensing agreement and specific terms of service, which would override whatever is written in this document. The clauses written here would apply only if there are no specific and separate terms of service for such custom installations.
+//Git Winch// software, services, trademarks, and related intellectual property are owned by Company and protected by applicable intellectual property laws.
+====  8.2 User Content ====
-===== C) Future Commercialization =====
+Company does not claim ownership of your Content but requires limited rights to provide the Service, including the right to store, process, and transmit your Content.
-==== C1. Collaboration and/or transfer of IPR ====
+=====  9. ACCEPTABLE USE =====
-This Intellectual Property was developed with the intention for future commercialization through //Limen Leap Labs Pvt Ltd// under a predefined B.O.T. (Build, Operate, Transfer) framework. For inquiries regarding collaboration and/or investment and/or purchasing this IPR, contact Limen Leap Labs Pvt Ltd. https://limenleap.com admin@limenleap.com In case this IPR gets transferred, there would be changes to these terms.
+====  9.1 Prohibited Uses ====
-===== Contact Our Team =====
+You may not use the Service to:
+  * Violate any laws or regulations
+  * Infringe on intellectual property rights
+  * Distribute malware or harmful code
+  * Engage in harassment or abusive behavior
+  * Interfere with Service operations
+  * Attempt unauthorized access to systems
-If you have any questions about these Terms or need support, please reach out to us:
+====  9.2 Compliance ====
-  * **Email**: admin@gitwinch.com
+You must comply with the Indian Information Technology Act of 2000; including all its amendments and revisions, and also all applicable local laws in your jurisdiction.
-  * **Website**: https://support.sabufrancis.com
+=====  10. SERVICE AVAILABILITY =====
+====  10.1 Service Levels ====
+While Company strives to maintain high availability, the Service is provided "as is" without guarantees of uninterrupted access.
+====  10.2 Maintenance ====
+Company may perform scheduled maintenance with reasonable advance notice when possible.
+=====  11. SUPPORT =====
+Technical support is available through:
+  * Documentation: https://help.gitwinch.com
+  * Support portal: https://support.sabufrancis.com
+  * Email: admin@gitwinch.com
+=====  12. TERMINATION =====
+==== 12.1 Termination by User ====
+You may terminate your account at any time through your account settings or by contacting support.
+====  12.2 Termination by Company ====
+Company may terminate or suspend your account with notice for:
+  * Violation of these Terms
+  * Non-payment of fees
+  * Fraudulent or illegal activity
+  * Force majeure events
+====  12.3 Effect of Termination ====
+Upon termination:
+  * Your license to use the Service ends immediately
+  * You must cease all use of the software
+  * Your data will be deleted according to our retention policy
+  * No refunds will be provided for unused credits or services
+=====  13. WARRANTIES AND DISCLAIMERS =====
+====  13.1 Service Disclaimer ====
+THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
+====  13.2 No Guarantee ====
+Company does not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements.
+=====  14. LIMITATION OF LIABILITY =====
+TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
+IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
+=====  15. INDEMNIFICATION =====
+You agree to indemnify and hold Company harmless from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.
+=====  16. MODIFICATIONS TO TERMS =====
+Company reserves the right to modify these Terms at any time. Material changes will be communicated via an announcement on @gitwinch Twitter/X account.
+Continued use of the Service after changes constitutes acceptance of modified Terms.
+=====  17. GOVERNING LAW AND DISPUTE RESOLUTION =====
+====  17.1 Governing Law ====
+These Terms are governed by the laws of India, without regard to conflict of law principles.
+====  17.2 Dispute Resolution ====
+Any disputes arising from these Terms shall be resolved through binding arbitration in Mumbai, Maharashtra, India, in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration language shall be English.
+====  17.3 Jurisdiction ====
+For matters not subject to arbitration, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction.
+=====  18. GENERAL PROVISIONS =====
+====  18.1 Entire Agreement ====
+These Terms constitute the entire agreement between you and Company regarding the Service.
+====  18.2 Severability ====
+If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
+====  18.3 Assignment ====
+Company may assign these Terms without notice. You may not assign your rights without Company's written consent.
+====  18.4 Force Majeure ====
+Company is not liable for delays or failures due to circumstances beyond its reasonable control.
+====  18.5 Custom Installations ====
+Enterprise or custom installations may have separate terms that supersede these Terms.
+=====  19. FUTURE OWNERSHIP =====
+This intellectual property was developed by the Company under a Build-Operate-Transfer (B.O.T.) framework with the intention of future commercialization by Limen Leap Labs Pvt Ltd. Terms may change upon transfer of ownership.
+=====  20. CONTACT INFORMATION =====
+For questions about these Terms or the Service:
+  * **Email:** admin@gitwinch.com
+  * **Website:** https://gitwinch.com
+  * **Support:** https://support.sabufrancis.com
+----
+**Last Updated:** 15th June 2025

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