1. Scope
These Terms of Service ("Terms") apply to the use of the website GitPulse and all related services. The operator of the website is Kevin Baur (hereinafter "we" or "Provider").
By registering via GitHub or using our services, you agree to these Terms.
2. Description of Services
GitPulse is an analysis tool for software developers. We create visualized profiles and statistics from GitHub data ("Developer Resumes").
- Free Tier: Access to basic analyses of public repositories.
- Pro Tier: Paid upgrade for extended analyses, inclusion of private repositories, and additional features.
3. Contract Formation & Payment Processing
Important notice regarding the contracting party:
Our order process is carried out by our online reseller Lemon Squeezy, LLC. Lemon Squeezy is the "Merchant of Record" for all transactions.
When you purchase a paid product ("GitPulse Pro") or subscribe to it:
- You are legally purchasing the product from Lemon Squeezy.
- In addition to these Terms, the Lemon Squeezy Terms of Service apply.
- All payment processing, invoicing, and tax handling is carried out via Lemon Squeezy.
4. Subscriptions (GitPulse Pro)
GitPulse Pro is offered as a subscription with recurring billing (e.g. monthly or yearly). The following applies in addition to section 3:
- Billing & renewal: Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date.
- Cancellation: You may cancel your subscription at any time via your Lemon Squeezy customer account or the subscription management link provided (e.g. in your GitPulse settings). Cancellation takes effect at the end of the current billing period.
- Access after cancellation: You retain access to Pro features until the end of the paid period. After that, your account will revert to the Free tier and Pro features (e.g. private repository analysis) will no longer be available.
- Refunds: We do not refund fees for the current or past billing periods when you cancel. Refunds may be considered on a case-by-case basis (goodwill) as stated in section 5.
- Price changes: We may change subscription prices for future billing periods. We will notify you in advance (e.g. by email or on the website). If you do not agree, you may cancel before the new price takes effect. Continued use after the change constitutes acceptance of the new price.
5. Right of Withdrawal & Refunds
Since GitPulse Pro consists of digital content that is not supplied on a physical medium, you agree upon purchase that the performance of the contract begins before the end of the withdrawal period and that you forfeit your statutory right of withdrawal.
However, we may offer refunds on a discretionary basis (goodwill) in individual cases. Refund requests are processed via Lemon Squeezy or may be sent to [email protected].
6. User Obligations
You agree to:
- Connect only your own GitHub account.
- Not use the services in an abusive manner (e.g., via scripts or bots that overload our API).
- Not exploit security vulnerabilities.
In case of a breach, we reserve the right to suspend your account immediately.
7. Limitation of Liability
We strive to keep GitPulse available at all times but cannot guarantee uninterrupted availability (e.g., in the event of GitHub API outages).
Liability for slight negligence is excluded, except in cases of a breach of essential contractual obligations or damage to life, body, or health.
8. Changes to the Terms
We reserve the right to amend these Terms at any time. Changes will be published on the website. Continued use of the website after changes take effect constitutes acceptance of the new Terms.
9. Governing Law & Jurisdiction
Austrian law applies. The place of performance and jurisdiction is Innsbruck, to the extent permitted by law.
10. Severability Clause
Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.