These Terms and Conditions constitute a legally binding agreement made between you, whether personally as a professional, or on behalf of an entity (“You”) and Bitergium SL (“Bitergia”, “we,” “us” or “our”), concerning your access to and contracting the Bitergia Analytics Platform service (“Service”) through https://www.bitergia.com/  (“Website”). 

 You agree that by contracting our Service through our Website, you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not contract our Service and cease using our Website immediately. 

You confirm that you are fully able and entitled to accept these Terms and Conditions governing the purchase of a subscription of the Service. This Service is only available for professionals, and you represent that you are not a consumer or a minor.  

1. Service Description

The Service offered by Bitergia consists of a monthly subscription to access and use analytics for software development projects. The software includes:

• Data gathering from multiple sources to create a holistic aggregate of the selected software development projects.
• A personalized dashboard with the selected insights. Bitergia Analytics is described more fully at https://www.bitergia.com/bitergia-analytics 

2. Free Trial

You will have a trial period of 30 days before the first payment is due, after which Bitergia will automatically charge the Price in due time and form as indicated in sections 4 and 5.

3. Registration

In the required form on the Website, you must fill in your name, company email address, phone number (optional), dashboard name, and Open Source projects to be analyzed, to start the registration process. Once you have completed the form, you will be redirected to the payment gateway to indicate your bank details as indicated in clause (5), notwithstanding the above, you will not make payment until the end of the Free Trial. By completing the registration process and filling in the bank details, you must accept the terms and conditions and privacy policy of the Website.

4. Pricing

The Service will have a monthly fixed price (“Price”) that may change due to periodic discounts, promotions, and price increases previously announced at https://www.bitergia.com/ page. Bitergia may change the Price at any time, such changes will be notified to you and will be effective the following month of the subscription. The price may also change when you select a different level of service, e.g., by adding more projects to be analysed.

5. Payment Methods

Payment of the Price will be made through our payment gateway provider Stripe Inc. The data you enter about your credit or debit card or bank information will be provided directly to Stripe Inc. and are therefore not entered or recorded on any Bitergia server and will be processed in accordance with Stripe’s legal terms and conditions: https://stripe.com/es/legal#section_a. When paying by credit or debit card you will always be asked for the following details: the card number, the expiry date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your card, thus providing further assurance of the security of the transaction. You can manage your subscription, payment information, billing information, and invoices in the Stripe-provided Customer Portal: https://billing.stripe.com/p/login/28o4jE9XRcco7ZeaEE 

6. Delivery

Once the Service payment information has been received from Stripe, Bitergia will receive the subscription notification and will commission the service within 3 business days. Bitergia will send you a confirmation email when your dashboard is ready. 

7. Renewal and cancellation

Your subscription to the Service will automatically renew each month, unless you decide to cancel your subscription for the following month. You can cancel directly in the Stripe-provided Customer Portal:  https://billing.stripe.com/p/login/28o4jE9XRcco7ZeaEE or by contacting us at support@bitergia.com

8. Refunds

Refunds will be issued by Bitergia only if the delivery is not made on time or if payment is processed but we cannot provide the Service due to any reasons of force majeure or otherwise outside of our control. In case You have not received the Service in 24 hours since the validation of the payment, please send a refund request to support@bitergia.com providing your contact details and the invoice, or Bitergia will not be able to process the refund request. In the event that the refund request is approved by Bitergia, Bitergia will automatically make the refund through Stripe to the same payment method provided and the amount will be refunded without additional charges, notwithstanding the foregoing, charges that were made on the first purchase will not be refunded. 

9. Intellectual Property

Bitergia reserves title to the intellectual property rights in the Service. Bitergia hereby grants you a revocable, non-transferable license to use the Service during the term of the subscription. 

10. Warranty

Bitergia will provide the Service in a professional and diligent manner, in accordance with the applicable regulations. Except for this express warranty, to the maximum extent permitted by applicable law, Bitergia makes no other warranties, express or implied, with respect to the Service, and Bitergia disclaims any warranty of fitness or satisfactory quality of the Service. 

11. Limitation of Liability

Except to the extent permitted by applicable law, Bitergia will not be liable for any indirect loss, including, but not limited to, loss of profits or business opportunity, goodwill or reputation, business interruption with respect to business arising out of or in connection with illegal and/or contrary to the provisions of the Terms and Conditions. You agree that Bitergia will not be responsible for the information obtained from the Public Repositories that may be integrated into the Service. Bitergia will only be liable for direct loss up to the price paid for the Service.  

12. Support

Should any error or incident occur in the course of the purchase or delivery of the Service, please contact Bitergia’s support services at support@bitergia.com or open a ticket at https://support.bitergia.com/ to report it and we will try to respond within a reasonable period. 

13. Modifications

Bitergia reserves the right to modify or update these Terms and Conditions (including the Privacy Policy). Any material modification will be notified to you via our website reasonably in advance of the modification taking effect and will become effective on the date of posting. Any subsequent purchase of the Service will be subject to the new Terms and Conditions, which you should read carefully. 

14. Privacy

Bitergia processes personal data as Data Controller in the execution of these Terms and Conditions governing the purchase of the Service, processes the personal data provided (name, surname, email) in order to provide you with the Service. Bitergia also processes, as Data Processor, personal data from software project contributors to the extent that this data is publicly available or provided by You (this personal data may include name, surname, username, email address, and organizational affiliation).  For more details about how Bitergia processes personal data during the provision of the Services, please visit the Privacy Policy. If you expressly accept to receive commercial newsletters, we will send these to you until you cancel your consent.  

15. Notifications

You agree to receive emails from us regarding our Service. Bitergia will not provide your email address to third parties. Bitergia may contact you to provide You with information and send You notifications regarding the Service, or as otherwise required by law. You acknowledge and agree that such notifications will be effective at the time Bitergia sends them to You by email. If You do not provide Bitergia with accurate information, Bitergia cannot assume any liability in the event that we are unable to notify you.  

16. Force majeure

Bitergia shall not be liable for failures or delays in performance due, in whole or in part, to facility failures (including electric supply), Internet failures, telecommunications or computer service failures, strikes, acts of war or terrorism, denial of service attacks or other computer attacks or breaches affecting Bitergia, floods, sabotage, fires, other natural disasters, or any other causes beyond Bitergia’s reasonable control. 

17. Entire Agreement

These Terms and Conditions, together with the Legal Notice and our Privacy Policy, form the entire agreement between the parties in connection with the purchase of the Service. Should any provision of this Agreement be held invalid or unenforceable, it shall not affect the other provisions of the Agreement, which shall remain valid and enforceable. 

18. Jurisdiction and Governing Law

These Terms and Conditions shall be governed by Spanish law. All disputes, discrepancies or claims resulting from the interpretation, execution, breach, termination, or nullity of this contract or related to it, directly or indirectly, shall be submitted, with express waiver of any other jurisdiction that may correspond to them, to the Courts of the City of Madrid, Spain.