Terms of Service

#1. Acceptance of Terms

By creating an account, signing in with GitHub, clicking "I agree," or otherwise accessing or using any part of the Service, you represent that: (a) you have read, understood, and agree to be bound by these Terms; (b) you are of legal age to form a binding contract in your jurisdiction (and in any event at least 13 years old); (c) you have the legal authority to enter into these Terms; and (d) your use of the Service complies with all applicable laws and regulations.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you individually and that organization.

These Terms incorporate our Privacy Policy by reference. Our Privacy Policy explains how we collect and use information about you. By agreeing to these Terms, you also agree to our Privacy Policy.

#2. Definitions

• →"Service" means the GitDate platform, website, mobile web application, APIs, and all related services provided by GitDate.
• →"Account" means the account you create by authenticating through GitHub OAuth.
• →"Profile" means your public-facing GitDate profile, populated from your GitHub account and information you directly provide.
• →"User Content" means any information, text, data, or other content you submit, post, or otherwise make available through the Service, including your bio/README, open issues, social links, and any communications made through the Service.
• →"Match" means a bilateral compatibility pairing between two users generated by the GitDate matching algorithm.
• →"Merge Request" means a user-initiated expression of interest sent to a matched user through the Service, which may result in the mutual disclosure of contact information if accepted by both parties.
• →"GitHub" means GitHub, Inc., a subsidiary of Microsoft Corporation.
• →"GitDate Content" means all content made available through the Service that is not User Content, including the matching algorithm, design system, code, text, graphics, and other materials created by or licensed to GitDate.

#3. Eligibility

To use the Service, you must:

• →Be at least 18 years of age. Users between 13 and 17 years of age may use the Service only with the express consent and supervision of a parent or legal guardian who has reviewed and agreed to these Terms on the minor's behalf.
• →Have a valid GitHub account in good standing.
• →Not be barred from using the Service under applicable law.
• →Not be a person or entity subject to sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the U.S. Department of State, or any other applicable governmental authority.
• →Not have had a prior GitDate account terminated for a violation of these Terms.
• →Be a human individual. Accounts created by bots, scripts, or automated systems are prohibited.

GitDate reserves the right to verify eligibility at any time and to suspend or terminate accounts that do not meet these requirements.

#4. Account Registration & GitHub OAuth

4.1 GitHub OAuth Authentication

The Service uses GitHub OAuth exclusively for account authentication. You must have a valid GitHub account to use the Service. By authenticating with GitHub, you authorize GitDate to access certain GitHub data as described in our Privacy Policy and in the GitHub OAuth permission screen presented at sign-in.

4.2 Account Security

You are responsible for maintaining the confidentiality of your GitHub account credentials, which control access to the Service. You agree to notify us immediately at info@gitdate.ink if you suspect any unauthorized access to or use of your Account. GitDate is not liable for any loss or damage arising from unauthorized use of your Account that results from your failure to adequately protect your credentials.

4.3 Account Accuracy

You agree that the information on your Profile is accurate and not misleading. You may not impersonate another person, misrepresent your identity, or create a Profile for someone other than yourself. You are responsible for keeping your Profile information current and accurate.

4.4 One Account Per Person

You may maintain only one Account. Creating multiple Accounts to circumvent a ban, manipulate the matching algorithm, or for any other purpose is strictly prohibited and may result in permanent termination of all associated accounts.

4.5 Revoking Access

You may revoke GitDate's access to your GitHub account at any time through your GitHub account settings under "Authorized OAuth Apps." Revoking access will prevent you from signing in to the Service, but will not automatically delete your account or data. To delete your account and data, you must submit a deletion request as described in our Privacy Policy.

#5. User Conduct & Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

5.1 Harmful or Illegal Conduct

• →Violate any applicable federal, state, local, or international law or regulation.
• →Transmit, distribute, or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
• →Engage in or facilitate any form of harassment, stalking, intimidation, bullying, or hate speech targeting any individual or group based on race, color, national origin, sex, gender identity, sexual orientation, religion, disability, age, or any other protected characteristic.
• →Solicit, collect, or store personal information about other users without their explicit consent beyond what the Service is designed to facilitate.
• →Use the Service to facilitate real-world harm, illegal meetings, or any activity that violates the dignity or safety of another person.

5.2 Technical Misuse

• →Scrape, crawl, spider, data mine, or otherwise extract data from the Service through automated means without our prior written consent.
• →Attempt to probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measures.
• →Introduce any virus, trojan horse, worm, malware, or other malicious code into the Service.
• →Use or attempt to use another user's account without authorization.
• →Interfere with, disrupt, or create an undue burden on the Service's infrastructure, servers, or networks, including by transmitting any denial-of-service attack.
• →Circumvent, bypass, or override any technical measure we implement to protect the Service or enforce these Terms.
• →Reverse-engineer, decompile, or disassemble any portion of the Service, except to the extent expressly permitted by applicable law.
• →Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express prior written consent.

5.3 Misrepresentation and Abuse

• →Misrepresent yourself, your identity, your GitHub history, or your affiliations.
• →Use the Service for any commercial solicitation, advertising, or spam.
• →Attempt to manipulate the matching algorithm through artificial means, including creating fake GitHub activity, using multiple accounts, or coordinating with others to game the system.
• →Report or flag other users' content in bad faith.

GitDate reserves the right, in its sole and absolute discretion, to investigate and take appropriate action against anyone who, in GitDate's sole discretion, violates this Section, including without limitation removing content, suspending or terminating an account, reporting users to law enforcement authorities, and cooperating with those authorities.

#6. User Content & Intellectual Property

6.1 License to GitDate

By submitting User Content to the Service, you hereby grant GitDate a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, store, display, reproduce, modify (for formatting purposes only), and distribute your User Content solely in connection with operating, developing, and improving the Service. This license continues even if you stop using the Service, but only with respect to User Content that is not deleted upon your account deletion request.

6.2 Your Representations

You represent and warrant that: (a) you own or have the necessary rights and permissions to submit User Content and to grant the license above; (b) your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, or other rights; (c) your User Content does not violate any applicable law; and (d) your User Content is accurate and not misleading.

6.3 GitDate Content and Intellectual Property

The Service and all GitDate Content — including but not limited to the matching algorithm, source code, design system, UI/UX, trademarks, logos, trade dress, and written content — are the exclusive property of GitDate, Inc. and its licensors. All rights not expressly granted in these Terms are reserved. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

The "GitDate" name, logo, and related marks are trademarks of GitDate, Inc. You may not use these marks without our prior written consent.

6.4 Feedback

If you provide GitDate with any feedback, suggestions, bug reports, or ideas regarding the Service ("Feedback"), you hereby grant GitDate an irrevocable, perpetual, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback for any purpose, without compensation or attribution to you.

6.5 GitHub Content

GitHub data displayed on your Profile (repository information, contribution data, organization memberships, etc.) remains subject to GitHub's terms and the licenses applicable to each individual repository. GitDate does not claim any ownership of GitHub data and displays it solely to facilitate the Service.

#7. Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and disclose information about you when you use the Service. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

#8. Third-Party Services

The Service integrates with and may contain links to third-party services, including GitHub, Vercel, MongoDB, and Resend (collectively, "Third-Party Services"). GitDate does not control, endorse, or assume responsibility for any Third-Party Services or their content, privacy policies, or practices. Your use of Third-Party Services is at your own risk and subject to the terms and policies of those services.

You acknowledge that GitHub's terms and privacy policies govern your GitHub account and GitHub's provision of data to GitDate. GitDate is not responsible for any changes to GitHub's APIs, terms, or data access policies that affect the Service's functionality.

#9. Service Availability & Modifications

9.1 No Uptime Guarantee

GitDate does not guarantee that the Service will be available at any particular time or for any particular period. The Service may be temporarily unavailable due to maintenance, updates, hardware or software failures, network outages, or other factors outside our control. We are not liable for any loss or damage arising from Service unavailability.

9.2 Modifications to the Service

GitDate reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. This includes changes to features, pricing (if any), the matching algorithm, batch schedules, and any other aspect of the Service. GitDate is not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9.3 Modifications to These Terms

GitDate reserves the right to revise these Terms at any time. When we make material changes, we will provide notice as described in our Privacy Policy. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

#10. Disclaimers of Warranties

Without limiting the foregoing, GitDate expressly disclaims all warranties with respect to:

• →The accuracy, completeness, or reliability of any content on the Service, including GitHub data displayed on user Profiles (which is provided by GitHub and may be inaccurate, incomplete, or outdated).
• →The quality, suitability, safety, or compatibility of any user you may meet through the Service. WE DO NOT CONDUCT BACKGROUND CHECKS ON USERS AND DO NOT VERIFY THE IDENTITY, BACKGROUND, CHARACTER, OR INTENTIONS OF ANY USER.
• →The matching algorithm producing any particular result, including any result that leads to a romantic or professional relationship.
• →The Service being free of viruses, errors, bugs, or other harmful components.
• →The continuous, uninterrupted, or secure operation of the Service.

GitDate makes no warranty that the Service will meet your requirements or expectations. No advice or information, whether oral or written, obtained from GitDate or through the Service will create any warranty not expressly made herein.

#11. Limitation of Liability

AGGREGATE LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GITDATE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO GITDATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

The limitations in this Section apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if GitDate has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you, but only to the minimum extent required by applicable law.

#12. Indemnification

You agree to defend, indemnify, and hold harmless GitDate, Inc. and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns (collectively, the "GitDate Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that the GitDate Parties incur as a result of or arising from:

• →Your violation of these Terms or any applicable law or regulation.
• →Your User Content or your use of the Service, including any claim that your User Content infringes or misappropriates a third party's intellectual property rights, privacy rights, or other rights.
• →Your interaction with any other user, including any in-person meeting facilitated through the Service.
• →Your misrepresentation of any information provided to GitDate or other users.
• →Any claim by a third party arising from your use of or access to the Service.

GitDate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GitDate's defense of such claim. You may not settle any claim without GitDate's prior written consent.

#13. DMCA & Copyright Infringement

13.1 Reporting Infringement

If you believe that any content on the Service infringes your copyright, please send a written notice to our designated DMCA agent containing all of the following information required by 17 U.S.C. § 512(c)(3):

• →A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyright.
• →Identification of the copyrighted work claimed to have been infringed.
• →Identification of the allegedly infringing material and information sufficient for us to locate it on the Service.
• →Your contact information (name, address, telephone number, and email address).
• →A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• →A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: info@gitdate.ink with subject line "DMCA Notice — GitDate."

GitDate's designated DMCA agent: Legal Department, GitDate, Inc., reachable at info@gitdate.ink.

13.2 Counter-Notice

If you believe your content was removed as a result of a mistake or misidentification, you may submit a counter-notice containing the information required by 17 U.S.C. § 512(g)(3). We will reinstate the removed content within 10–14 business days after receiving a valid counter-notice unless the copyright owner seeks a court order against you.

13.3 Repeat Infringers

In accordance with the DMCA and other applicable law, GitDate has adopted a policy of terminating, in appropriate circumstances and in its sole discretion, accounts of users who are deemed to be repeat copyright infringers.

#14. Termination

14.1 Termination by You

You may terminate your account at any time by submitting a deletion request to info@gitdate.ink. Upon termination, your right to access the Service immediately ceases. We will process your data deletion request as described in our Privacy Policy.

14.2 Termination by GitDate

GitDate may suspend or terminate your access to the Service, with or without notice, at any time and for any or no reason, including without limitation if: (a) you violate these Terms; (b) your account is used in a manner that creates legal liability or risk for GitDate; (c) you fail the eligibility requirements; (d) we discontinue the Service; or (e) in GitDate's sole discretion, your continued access is not in the best interest of the Service or community.

GitDate is not liable to you or any third party for termination of your access to the Service. If your account is terminated for a Terms violation, you may not re-register.

14.3 Effect of Termination

Upon termination or expiration of these Terms for any reason: (a) all rights and licenses granted to you under these Terms immediately terminate; (b) you must cease all use of the Service; (c) GitDate may delete your account and User Content (subject to our data retention policy); and (d) Sections 6, 10, 11, 12, 14, 15, 17, and 18 shall survive termination and remain in full force and effect.

#15. Governing Law & Venue

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.

Subject to and without waiving the mandatory arbitration provision in Section 18, any dispute that is not subject to arbitration shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you and GitDate irrevocably consent to the personal jurisdiction of those courts.

#16. Export Control & Sanctions Compliance

The Service is subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You agree not to export, re-export, or transfer, directly or indirectly, any technical data or software obtained from or through the Service in violation of applicable U.S. export laws or regulations.

By using the Service, you represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; (b) listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) list maintained by OFAC; or (c) otherwise prohibited from receiving or using software or services from U.S. companies.

#17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and GitDate concerning the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Service.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. If any provision is held unenforceable, the parties agree that the court should modify such provision to the minimum extent necessary to make it enforceable, or if modification is not possible, the provision shall be severed.

17.3 Waiver

GitDate's failure to enforce any right or provision of these Terms shall not constitute a waiver of that or any other right or provision. No waiver by GitDate of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

17.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without GitDate's prior written consent. GitDate may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this Section is null and void.

17.5 Force Majeure

GitDate shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics or epidemics, war, terrorism, riots, civil unrest, government action, labor disputes, Internet or telecommunications failures, power outages, or other events of force majeure.

17.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and GitDate and our respective successors and permitted assigns. Nothing in these Terms creates any third-party beneficiary rights.

17.7 Notices

GitDate may provide notices to you via email, in-app notification, or by posting on the Service. Legal notices to GitDate must be sent by email to: info@gitdate.ink.

17.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

#18. Arbitration Agreement & Class Action Waiver

18.1 Agreement to Arbitrate

YOU AND GITDATE MUTUALLY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICE (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT: (A) TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT FOR DISPUTES WITHIN THAT COURT'S JURISDICTION; AND (B) TO SEEK EMERGENCY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

18.2 Class Action Waiver

YOU AND GITDATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Further, unless both you and GitDate agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim, then that claim shall be litigated in court and all other claims shall remain in arbitration.

18.3 Arbitration Rules & Procedure

Any Dispute shall be submitted to binding arbitration administered by JAMS (the Judicial Arbitration and Mediation Services) pursuant to its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), as applicable and as modified by these Terms. The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall be conducted in the English language.

• →Venue: The seat of arbitration shall be Wilmington, Delaware, USA. Hearings may be conducted remotely via video conference where mutually agreed by the parties.
• →Fees: GitDate will pay all JAMS filing and arbitrator fees for Disputes where the amount in controversy is less than $10,000, unless the arbitrator determines your claims are frivolous. For claims of $10,000 or more, filing and arbitrator fees shall be divided in accordance with JAMS's fee schedule.
• →Discovery: The parties may conduct limited discovery as permitted by the applicable JAMS rules. All discovery shall be completed within 60 days of the arbitrator's appointment unless extended by agreement.
• →Award: The arbitrator may award any relief that a court could award, but shall have no authority to award relief in excess of what these Terms allow, nor to award punitive damages. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
• →Confidentiality: The parties agree to keep the existence, content, and result of any arbitration proceeding strictly confidential, except as required by law or to enforce an award.

18.4 Informal Resolution

Before initiating arbitration, you agree to first contact GitDate at info@gitdate.ink and describe your claim in reasonable detail, providing GitDate with 30 days to attempt informal resolution. Only if GitDate fails to resolve your claim within 30 days may you proceed to arbitration.

18.5 Opt-Out

You may opt out of this arbitration agreement within 30 days of the date you first accepted these Terms by sending a written notice to info@gitdate.ink with the subject "Arbitration Opt-Out" and including your full name and GitHub username. If you opt out, you may not use the Service. Opting out does not affect any other provisions of these Terms.

18.6 Severability of Arbitration Provision

If the class action waiver in Section 18.2 is found unenforceable for a particular claim, that claim shall be resolved in court; all other claims remain subject to arbitration. If any other portion of this Section 18 is found unenforceable, the remaining portions shall remain enforceable.

18.7 Future Changes to Arbitration Provision

If GitDate makes any changes to this Section 18 after the date you first accepted these Terms, you may reject such changes by sending written notice to GitDate within 30 days of the change. Rejection of a change does not revoke your acceptance of the current arbitration provision.

#19. Contact Information

If you have questions about these Terms, please contact us:

For privacy-related inquiries, please refer to our Privacy Policy or contact info@gitdate.ink.