GitHits Terms of Service

Effective date: February 23, 2026 | Last updated: April 2, 2026

These Terms of Service (“Terms”) form part of the GitHits Legal Framework, which also includes the Privacy Policy, Pricing Page, Cookie Policy, Data Processing Agreement, and Subprocessor List. Together, these documents govern your relationship with GitHits when you use our services.

These Terms govern your access to and use of GitHits’ websites, applications, documentation, and services, including our web application, APIs, CLI, and MCP server (collectively, the “Service”). GitHits, Inc. (“GitHits,” “we,” “us,” or “our”) operates the Service.

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

“Account” means the account you create to access the Service.

“User” means the individual who accesses or uses the Service.

“Subscription” means a paid, recurring plan granting access to the Service.

“Input” means text you submit to the Service (for example, queries, prompts, and any context you include).

“Output” means any response the Service generates (for example, summaries, explanations, rankings, or suggested results).

“Personal data” means any information that relates to an identified or identifiable individual.

“Customer Content” means your Input and any other content you provide directly to GitHits through the Service. For clarity, Outputs do not constitute Customer Content, but Section 8 describes your rights regarding Outputs. The Data Processing Agreement uses a separate term, “Customer Personal Data,” which covers personal data contained in both Inputs and Outputs for data protection purposes.

"Credit" means a unit of usage entitlement. Each Subscription tier allocates a defined number of Code Example Credits and Code Navigation Credits per billing cycle. Unused Credits roll over to subsequent billing cycles indefinitely. Credits are personal to the Account holder and are not transferable.

"Credit Balance" means the total number of unused Credits of each type associated with an Account at any given time, including Credits rolled over from previous billing cycles.

"Hard Cutoff" means that when an Account's Credit Balance for a given Credit type reaches zero, the corresponding functionality is unavailable until Credits are replenished through a new billing cycle or a tier change. No overage charges apply.

"Pricing Page" means the page at githits.com/pricing (or a successor URL) that sets out the current Subscription tiers, fees, Credit allocations, and any promotional terms. GitHits may update the Pricing Page, subject to Section 5.6.

"Signup Allocation" means the one-time allocation of Credits that GitHits grants to a new Account upon registration, as the pricing page describes. The Signup Allocation does not require a Subscription and does not expire.

2. About the Service

GitHits provides AI-assisted code search and related developer tooling through a web app, MCP server, and APIs. GitHits may use third-party services (including model providers) to process Inputs and produce Outputs as our Privacy Policy describes.

GitHits does not access your private code repositories solely because you sign in with GitHub. If you choose to supply additional context in an Input, you control what you share.

​​The Service may include multiple product features, each available through one or more channels (such as the web app or MCP server). The Pricing Page identifies the current product features, their availability per channel, and the Credit type that applies to each feature.

Certain Subscription tiers may include a separate agreement that defines additional terms, such as availability commitments (SLA), volume-based pricing, API integration rights, redistribution rights, or sublicensing rights. If a separate agreement applies to your Subscription, its terms govern the rights and obligations it covers. In the absence of such a separate agreement, no redistribution or sublicensing rights are granted.

3. Eligibility and Age Requirement

You must be 18 years or older to use the Service. By using the Service, you represent that you meet this requirement.

4. Account Registration and Security

You must provide accurate and complete information when creating an Account and keep it up to date. You bear responsibility for all activity under your Account and for maintaining the security of your credentials (including API keys). You will notify us promptly if you suspect unauthorized access or use of your Account.

If you discover or suspect a security vulnerability in the Service, please report it to us at security@githits.com. GitHits commits to investigating all credible reports with reasonable care and to promptly addressing confirmed vulnerabilities. We ask that you give us a reasonable time to investigate and remediate before making any public disclosure.

5. Subscriptions, Billing, Trial, and Cancellation

5.1 Subscription requirement and free trial

When you create an Account, GitHits grants you a one-time Signup Allocation as the Pricing Page describes. The Signup Allocation does not require a Subscription and does not expire. Once you have exhausted your Signup Allocation, continued access to the Service requires a Subscription.

GitHits may offer promotional periods for paid Subscription tiers, subject to the terms set out in the Pricing Page. To claim a promotional offer, you must select a Subscription tier and provide a valid payment method. Unless you cancel before the promotional period ends, your Subscription will automatically convert to a paid Subscription at the applicable fee.

5.2 Billing and renewal

Subscriptions renew automatically at the cadence stated at purchase (such as monthly or annually) until canceled. By starting a Subscription, you authorize us (and our payment processor) to charge the applicable fees (plus applicable taxes) on a recurring basis.

5.3 Cancellation

You may cancel at any time through your account settings (if available) or by contacting us at support@githits.com. Cancellation takes effect at the end of your current billing period unless we state otherwise at checkout.

5.4 Refunds

If you find the Service unsatisfactory for any reason, you may request a full refund within 30 days of the date you first purchase a paid Subscription by contacting Support. This guarantee applies once per Account and does not reset if you change your Subscription tier. Upon receiving a valid request, GitHits (or its payment processor) will refund 100% of the Subscription fees you paid for the then-current billing period to your original payment method. GitHits will typically process refunds within 10 business days. This refund guarantee does not apply to fees or charges that third parties impose (such as payment-processor transaction fees or taxes that we cannot recover). After the 30-day refund period, you cannot obtain a refund for fees except where applicable law requires one.

5.5 EU Right of Withdrawal

If you are a consumer in the European Economic Area, you have the right to withdraw from your Subscription within 14 days of purchase without giving any reason, in accordance with Directive 2011/83/EU. To exercise this right, notify us at support@githits.com with a clear statement of your decision. If you have expressly consented to the provision of digital content during the withdrawal period and acknowledged that you thereby lose your right of withdrawal, this right may not apply. If you subscribe during a promotional period, the withdrawal period begins on the date you select your Subscription tier and provide your payment method, not on the date paid billing begins. The 30-day refund guarantee in Section 5.4 provides broader protection and applies regardless.

5.6 Changes to fees

We may change fees or plan features. If you have an active Subscription, we will provide reasonable notice before changes take effect for your next renewal.

5.7 Credits and usage

Each Subscription tier includes a defined allocation of Credits per billing cycle, as described on the Pricing Page. Credits are allocated at the start of each billing cycle. Unused Credits carry over to subsequent billing cycles indefinitely.

Where the Service uses separate Credit types for distinct product features, Credits of one type are not interchangeable with Credits of another type.

When your Credit Balance for a given Credit type reaches zero, a Hard Cutoff applies: the corresponding functionality is unavailable until Credits are replenished through a new billing cycle. GitHits will notify you as your Credit Balance runs low. No overage charges apply.

If you upgrade to a higher Subscription tier during a billing cycle, your new Credit allocation takes effect immediately. If you downgrade, the change takes effect at the start of your next billing cycle. Downgrading does not forfeit Credits already in your Credit Balance.

If you cancel your Subscription, your Credit Balance remains available until the end of the current billing period. After that, your Account reverts to a non-subscribed state and no further Credits are allocated. Any remaining Credit Balance is forfeited at the end of the billing period unless GitHits communicates otherwise.

GitHits may introduce additional Credit purchasing or replenishment mechanisms and will update the Pricing Page accordingly.

Changes to Credit allocations per Subscription tier are changes to plan features. Section 5.6 applies.

6. Acceptable Use

You agree not to misuse the Service. Without limiting the foregoing, you will not use the Service to violate any applicable law or regulation. You will not probe, scan, or test the vulnerability of any system or network, or breach security or authentication measures. You will not interfere with or disrupt the Service, including through automated or excessive requests, scraping, or denial-of-service attacks. You will not attempt to reverse-engineer, decompile, or discover the source code or underlying components of the Service (except to the extent that law prohibits such restrictions). You will not use the Service to develop or distribute malware, spyware, or other harmful code. You will not use Outputs in a way that violates third-party rights, including intellectual property rights. You will not circumvent, disable, or interfere with safety guardrails, system instructions, sandbox environments, content filters, rate limits, access controls, or other protective measures that GitHits or its underlying service providers implement.

We may suspend or terminate access for violations of this Section or our policies.

7. Inputs, Outputs, and AI Features

7.1 Your responsibility

You bear responsibility for your Inputs and how you use Outputs. Outputs may contain inaccuracies, gaps, or outdated information, and you should independently evaluate them before use, including before relying on them for legal, security, or compliance decisions.

7.2 Open-source code examples and attribution

To provide helpful results, the Service may reference and store examples from open-source code and metadata (such as repository links and licenses). Where we display open-source examples, we will also display the source repository and license information.

7.3 MCP Server usage

When you use the GitHits MCP server, it connects to our backend API on your behalf. The MCP server collects only the data necessary to perform the requested search or query. For details on data minimization practices, see our Privacy Policy.

7.4 Training and improvement (opt-in)

GitHits does not use Customer Content, Inputs, or Outputs to train foundational machine learning models, whether proprietary or third-party. GitHits may offer settings that allow you to opt in to permit the use of de-identified queries and related Outputs to improve our Service. If you opt in, such use is limited to tuning, evaluation, and safety improvements and does not involve training foundational models. If you do not opt in, we will not use your Customer Content for training, except to the extent required for safety, security, and abuse prevention, or as the law requires. For details, see our Privacy Policy and Data Processing Agreement.

8. Intellectual Property

8.1 Our IPR

GitHits and its licensors own the Service, including its software, design, and underlying technology, and intellectual property laws protect it. Except as these Terms expressly permit, we grant you no rights.

8.2 Your content

As between you and GitHits, you retain ownership of Customer Content. You grant GitHits a limited, worldwide, non-exclusive license to host, store, use, reproduce, and process Customer Content solely to provide, maintain, and improve the Service (consistent with your settings and subject to the restrictions in our Data Processing Agreement), comply with law, and enforce these Terms.

8.3 Feedback

If you provide feedback, ideas, or suggestions, you grant GitHits the right to use them without restriction or compensation.

8.4 Rights to Outputs

As between you and GitHits, GitHits claims no ownership rights in or to the Outputs. You may use the Outputs for any lawful purpose, provided that you comply with these Terms. Given the nature of machine learning and code search, you acknowledge that Outputs may not be protectable by intellectual property rights, may not be unique, and may include or reference third-party open-source materials. You remain solely responsible for your use of the Outputs, including securing any necessary rights and complying with applicable third-party licenses.

9. Copyright and DMCA Policy

GitHits respects the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) by contacting us at support@githits.com with the following information:

  • a description of the copyrighted work you claim someone has infringed;
  • a description of the material you claim infringes your copyright and its location within the Service;
  • your contact information (name, address, telephone number, and email address);
  • a statement that you have a good faith belief that the copyright owner, its agent, or the law does not authorize the use;
  • a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or that the copyright owner has authorized you to act on its behalf;
  • and your physical or electronic signature.

GitHits will respond to valid DMCA notices and may remove or disable access to allegedly infringing material. GitHits may terminate the accounts of repeat infringers.

10. Third-Party Services

The Service may integrate with or rely on third-party services (for example, GitHub for authentication and search, payment processors, analytics, and model providers). Their terms and policies may govern your use of third-party services. GitHits does not bear responsibility for third-party services. This disclaimer does not limit GitHits’ obligations under the Data Processing Agreement with respect to subprocessors that process personal data on our behalf. By interacting with these third parties through the Service, you provide information directly to the third party, and you become subject to the third party’s terms and privacy policies. For a list of our current third-party subprocessors and links to their privacy policies, see our Subprocessor List.

11. Privacy

Our Privacy Policy, Cookie Policy, and Data Processing Agreement describe our collection and use of personal data. By using the Service, you acknowledge that GitHits may process personal data as those documents describe.

12. Electronic Communications

By creating an Account, you consent to receive communications from GitHits electronically (for example, by email or by posting notices within the Service). These electronic communications may include notices about your Account, changes to the Service, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirement that such communications be in writing.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service (including deleting or disabling your Account) if we reasonably believe you violated these Terms, if you create a risk to the Service or others, or where the law requires us to do so.

Upon termination, your right to use the Service ceases immediately.

14. Disclaimers

GITHITS PROVIDES THE SERVICE AND OUTPUTS “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GITHITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GITHITS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.

IF YOUR SUBSCRIPTION INCLUDES A SEPARATE SERVICE LEVEL AGREEMENT, THE REMEDIES IN THAT AGREEMENT APPLY TO SERVICE AVAILABILITY ISSUES COVERED BY IT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GITHITS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GITHITS’ TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO GITHITS FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

YOUR LIABILITY FOR BREACH OF SECTION 3.5 (PROHIBITED DATA CATEGORIES) OF THE DATA PROCESSING AGREEMENT IS NOT SUBJECT TO THE LIMITATIONS IN THIS SECTION.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You will indemnify and hold harmless GitHits from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your Inputs or use of Outputs, your use of the Service, your violation of these Terms or applicable law, or your breach of Section 3.5 (Prohibited data categories) of the Data Processing Agreement, except to the extent that the claim arises from GitHits’ own negligence or willful misconduct.

17. Governing Law and Disputes

The laws of the State of Delaware govern these Terms, excluding its conflict-of-laws principles.

Unless applicable law requires otherwise, you must bring any dispute arising out of these Terms or the Service in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there.

If you are a consumer habitually resident in the EEA or the UK, nothing in these Terms limits your right to bring proceedings in the courts of your country of residence. Nothing in these Terms overrides mandatory consumer protection rights that apply to you by law.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by posting the updated Terms and updating the Effective Date). Your continued use of the Service after changes become effective constitutes acceptance.

19. Miscellaneous

These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and GitHits regarding the Service and supersede all prior agreements and understandings. If any conflict or inconsistency exists between these documents, the following order of precedence applies:

  1. the Data Processing Agreement (with respect to the processing of personal data),
  2. these Terms of Service,
  3. the Privacy Policy,
  4. the Cookie Policy, and
  5. the Subprocessor List.

If a court holds any provision of these Terms to be unenforceable, the court will modify that provision to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

GitHits’ failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. GitHits may assign these Terms without restriction.

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, or internet or infrastructure failures.

These Terms do not confer any third-party beneficiary rights.

20. Contact

1604 Philadelphia Pike, Suite 150, Wilmington, DE, 19809, US