Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Kevin Wurbs (“we”, “us”) for your use of the GiCode app (“GiCode” or the “App”). By ticking the box and continuing on the welcome screen, or by using the App, you confirm that you have read and accept these Terms. If you do not accept them, do not use the App.

1. Eligibility.

You must be at least 16 years old, or the age of digital consent in your country if that is higher, and able to enter into a binding agreement. If you use GiCode for a company or organisation, you confirm that you are authorised to bind it, and “you” then includes that company or organisation. If you are a minor, your parent or guardian must agree to these Terms on your behalf.

2. Licence.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use GiCode on Apple devices that you own or control, for your own personal or internal business purposes, in accordance with these Terms and Apple's usage rules. GiCode is licensed, not sold. All rights that are not expressly granted to you are reserved.

3. Prohibited use.

You must not: (a) copy, modify, translate, rent, lease, sell, sublicense or distribute the App; (b) decompile, reverse engineer or try to extract the source code of the App, except where mandatory law expressly permits this despite this restriction; (c) circumvent, disable or manipulate any technical protection, usage limit, trial, licence check or purchase mechanism; (d) use the App to store, transmit or distribute malware, unlawful content or content that infringes the rights of others; (e) use the App to attack, overload, scrape or gain unauthorised access to any server, account or service; (f) use the App in breach of the terms of the services you connect to, such as GitHub or GitLab, or of any applicable law; (g) remove or obscure copyright or other proprietary notices.

4. Your accounts, credentials and content.

GiCode only works with the accounts, access tokens, SSH keys, repositories and servers that you provide. You alone are responsible for them, for keeping them secure, for the permissions (scopes) you grant and for everything that is done with them through the App. We have no access to your accounts or repositories, we are not a party to your relationship with GitHub, GitLab or any other third-party service, and we are not responsible for those services, their availability, their changes or their terms. You are solely responsible for the content you create, change, commit, push or delete, and for having all rights and permissions to do so.

5. Destructive actions and backups.

Git operations can overwrite or permanently delete data. Actions such as discarding changes, deleting files, folders, branches or repositories, reverting, pulling, merging and pushing can be irreversible. You are solely responsible for checking what you do and for keeping independent backups of everything that matters to you.

6. Free plan, trial and GiCode Pro.

The free plan is limited to the number of repositories and accounts shown in the App. You may try GiCode Pro free of charge once, for 7 days. GiCode Pro is a one-time purchase that removes these limits. Purchases, payment, taxes, refunds, Family Sharing and restoring purchases are handled exclusively by Apple through the App Store and are governed by Apple's terms and applicable law; we have no access to your payment data. A purchase is tied to your Apple ID and cannot be transferred. We may change the free plan, the trial and the price for future purchases at any time; a Pro licence that you have already bought is not reduced by this. If you abuse the trial or a purchase mechanism, we may withdraw access.

7. Open-source and third-party software.

GiCode contains open-source and third-party software that is licensed under its own terms. Those terms apply to the respective components, and nothing in these Terms limits your rights under them.

8. Intellectual property.

GiCode, including its code, design, name, logo and artwork, is protected by copyright and other laws and belongs to us or our licensors. You do not acquire any ownership rights. Your repositories and content remain yours and we claim no rights in them. If you send us feedback or ideas, you grant us a perpetual, worldwide, royalty-free right to use them without any obligation to you.

9. Availability, updates and changes.

GiCode depends on your device, the operating system, the network and third-party services that we do not control. We do not promise uninterrupted, error-free or secure operation, or compatibility with every service, server, version or Git feature. We may change, suspend, restrict or discontinue the App or any feature at any time, and may require updates to keep using it.

10. No warranty.

To the maximum extent permitted by law, GiCode is provided “as is” and “as available”, without warranties or conditions of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. Mandatory statutory consumer rights, including those under sections 327 et seq. of the German Civil Code (digital products), remain unaffected.

11. Limitation of liability.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and where we have given a guarantee. For slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper use of the App possible in the first place and on which you may regularly rely), our liability is limited to the foreseeable damage that is typical for this kind of contract. Otherwise we are not liable for slightly negligent breaches. In particular, and to the extent permitted by law, we are not liable for loss or corruption of data, lost or failed commits or pushes, lost profits, loss of business, interruption of operations, or indirect, incidental, special or consequential damages; where data is lost, our liability is limited to the effort that restoring the data from regular, proper backups would have required. All other liability is excluded. These limits also apply to our legal representatives, employees and agents.

12. Indemnification.

To the extent permitted by law, you will indemnify us against claims, damages, costs and expenses (including reasonable legal fees) of third parties that arise from your content, your use of the App, your breach of these Terms or applicable law, or your infringement of the rights of others, unless you are not responsible for the circumstances giving rise to the claim.

13. Termination.

You may stop using GiCode at any time by deleting it. We may suspend or end your licence at any time and without notice if you breach these Terms or applicable law, or if we discontinue the App; in other cases we will give reasonable notice where possible. When your licence ends, you must stop using the App and delete it. Provisions that by their nature are meant to continue, such as those on intellectual property, disclaimers, liability, indemnification and governing law, survive the end of the licence.

14. Export controls and sanctions.

You may not use, export or re-export GiCode in breach of applicable export, sanctions or embargo laws. By using the App you confirm that you are not located in a country that is subject to a government embargo and that you are not on any list of prohibited or restricted parties. GiCode uses standard encryption (for example TLS and SSH) for secure connections; you are responsible for complying with the laws of your country on its use.

15. Apple.

These Terms are between you and us, not with Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for it. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the extent permitted by law, Apple has no other warranty obligation for the App. Apple is not responsible for addressing claims relating to the App or your use of it, including product liability, legal or regulatory requirements, consumer protection and intellectual property claims. You must comply with applicable third-party terms when using the App, for example your wireless data service agreement. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

16. Changes to these Terms.

We may update these Terms, for example for legal, technical or product reasons. If a change materially affects you, we will tell you in the App and ask you to accept the new version. If you do not accept it, you must stop using the App. Changes that only benefit you or merely clarify the wording can take effect without a new acceptance.

17. Governing law and jurisdiction.

These Terms and any dispute arising from them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this does not remove the mandatory consumer protection provisions of the country in which you live. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our place of business, to the extent permitted by law. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

18. General.

If a provision of these Terms is or becomes invalid or unenforceable, the remaining provisions stay in effect and the invalid provision is replaced by a valid one that comes closest to its economic purpose. Not enforcing a right is not a waiver of it. We may transfer our rights and obligations under these Terms to a successor of the business; you may not transfer yours without our written consent. These Terms are the entire agreement between you and us about the App and replace earlier agreements on the subject. They are provided in English and German; if the versions differ, the German version prevails.

19. Provider and contact.

GiCode is provided by Kevin Wurbs, Hauptstraße 18, 04808 Lossatal OT Thammenhain, Germany. Questions or notices: app@wurbs.me.