Terms of Service — OpenCommit#

Effective Date: 2026-01-31
Last Updated: 2026-04-04

These Terms of Service (“Terms”) constitute a legally binding agreement between the OpenCommit Foundation (Stichting OpenGit, a foundation (stichting)) established under the laws of The Netherlands, with its statutory seat in Leiden, the Netherlands (“OpenCommit”, “we”, “us”, “our”), and you (“User”, “you”).

These Terms govern your access to and use of the OpenCommit platform available at https://opencommit.eu and related services (the “Service”).

By creating an account or using the Service, you agree to be bound by these Terms.

1. Nature of the Service#

OpenCommit provides git repository hosting and collaboration services based on Forgejo, including repository management, issue tracking, pull requests, and related development tools.

The Service is primarily intended for open source software development projects.

The Service is offered from the Netherlands and governed by Dutch law.

2. Eligibility#

You must:

  • Be at least 16 years old.
  • Have legal capacity to enter into a binding agreement.
  • If acting on behalf of a legal entity, have authority to bind that entity.

Nothing in these Terms limits any mandatory rights that may apply to you under applicable law.

3. Open Source and Closed Source Model#

3.1 Open Source Projects (Free Use)#

The Service is provided free of charge for repositories that:

  • Are publicly accessible; and
  • Are licensed under an OSI-approved license or another recognized open source/free software license.

You grant us the right to verify compliance with this Section 3.1. We may, acting reasonably and in good faith, make the final determination whether a license qualifies as an open source/free software license for the purposes of these Terms.

In making this determination, we may consider, among other things, whether the license grants the freedoms commonly associated with free and open source licenses (including the rights to use, study, modify, and redistribute).

If a repository does not qualify, we may require you to change the license, make the repository private under a paid subscription, or take other action as described in Section 3.2.

3.2 Closed Source Projects (Subscription Required)#

Private or proprietary repositories are permitted only with an active paid subscription.

If a closed source repository is hosted without a valid subscription, OpenCommit may:

  • Provide notice and request remediation;
  • Restrict the repository to read-only mode;
  • Suspend or terminate access if non-compliance continues.

3.3 Misclassification#

Intentional misclassification of a repository’s licensing status may constitute a material breach of these Terms.

3.4 Limited Private Repositories (Incidental Use)#

Notwithstanding Sections 3.1 and 3.2, OpenCommit may permit a limited number of private repositories without a paid subscription, provided that such use is incidental to and in support of open source projects.

Permitted uses include, for example:

  • Coordinating security fixes or vulnerability disclosures prior to public release;
  • Preparing code that is not yet ready for publication;
  • Temporary collaboration, testing, or staging related to an open source project.

Private repositories under this Section must:

  • Be used in good faith and not as a substitute for paid private hosting;
  • Be limited in number and scope as determined by OpenCommit; and
  • Be made public within a reasonable timeframe where appropriate for the project.

OpenCommit may, acting reasonably and in good faith, determine whether use of private repositories falls within this Section. If it does not, we may require the repository to be made public, upgraded to a paid subscription, or otherwise brought into compliance. Repeated misuse may result in account suspension or termination.

4. Account Responsibilities and Security#

You are responsible for:

  • Maintaining the confidentiality of login credentials;
  • All activity occurring under your account;
  • Ensuring that your use complies with applicable law;
  • Keeping your account email address accurate and completing email verification.

You must immediately notify us of any unauthorized access or security breach.

For the protection of the Service and its users, OpenCommit may require security measures, including mandatory two-factor authentication (2FA). Failure to maintain required security settings may result in restrictions, suspension, or termination.

5. Acceptable Use and Conduct#

You may not use the Service to:

  • Violate any applicable EU or Dutch law;
  • Infringe intellectual property rights or other rights (including privacy/data protection rights);
  • Distribute malware or engage in abusive automated activity;
  • Conduct crypto-mining or unrelated high-resource workloads;
  • Store or distribute illegal content (including content involving the exploitation or sexualization of minors);
  • Engage in harassment, threats, hate, violence-incitement, doxxing, stalking, or brigading;
  • Interfere with the security or integrity of the Service; or
  • Use the Service primarily as a general-purpose file hosting, media storage, or personal cloud unrelated to software development (unless expressly permitted under your plan).

We may remove content or restrict access where reasonably necessary to comply with law, enforce these Terms, protect users, or protect the Service.

Your use of the Service is also subject to the OpenCommit Code of Conduct, which is incorporated into these Terms by reference. Any violation of the Code of Conduct may result in the immediate suspension or termination of your account at our sole discretion.

6. User Content and Intellectual Property#

6.1 Ownership#

You retain ownership of your repositories and content (“Content”).

6.2 License to OpenCommit#

You grant OpenCommit a non-exclusive, worldwide, royalty-free license to host, store, back up, process, transmit, and display your Content solely as necessary to provide, maintain, and secure the Service and to enforce these Terms.

6.3 Public Repositories, Indexing, and Persistence#

Public repositories may be accessed, cloned, mirrored, archived, and indexed by third parties. OpenCommit is not responsible for third-party reuse consistent with the license you apply.

You acknowledge that making content public may expose personal data included in Content and metadata (for example: usernames, commit author strings, commit email addresses, issue content, and pull request discussions). While the Service may provide privacy features (such as hiding email addresses in the UI or allowing generated/anonymous email addresses), you are responsible for what you publish.

You acknowledge that due to the nature of git and distributed version control, content and contributions may persist (for example in forks, clones, mirrors, caches, or third-party archives) even if you later delete them from the Service.

6.4 Notice and Takedown#

If you believe content hosted on OpenCommit infringes your rights or is unlawful, you may submit a substantiated notice to abuse@opencommit.eu. We will handle such notices in accordance with Dutch law and applicable EU regulations.

7. Subscriptions and Payments (Business Customers Only)#

Private or proprietary repositories are available only under a paid subscription.

Subscriptions are offered exclusively to legal entities (including commercial and non-commercial organizations) acting in the course of their activities. Individual users may not purchase subscriptions.

We may require verification of business status and may refuse or cancel subscriptions that appear to be purchased for personal use.

Subscriptions may be used for:

  • Organizations maintaining a mix of open source and private repositories; and
  • Organizations maintaining fully private or closed source repositories.

Revenue from subscriptions is used to support the operation, maintenance, and development of the OpenCommit platform and the activities of the OpenCommit Foundation.

For subscriptions:

  • Fees are billed in advance.
  • Prices are listed at https://docs.opencommit.eu/commercial/pricing/.
  • VAT will be charged where required under Dutch and EU VAT law.
  • Business customers must provide valid VAT details where applicable.
  • Subscriptions may be suspended or terminated if required information is not provided or is inaccurate.
  • Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Cancellation takes effect at the end of the current billing period, and no refunds are provided for unused time except where required by law.
  • You may cancel your subscription at any time by contacting us at support@opencommit.eu.

7.1 Refunds#

Except where required by mandatory law or expressly agreed in writing, payments are non-refundable.

8. Availability and Backups#

We aim to provide reliable service but do not guarantee uninterrupted availability.

You remain responsible for maintaining independent backups of your repositories.

To the extent permitted under Dutch law, we are not liable for data loss unless caused by intent (opzet) or deliberate recklessness (bewuste roekeloosheid), and subject always to mandatory rights that cannot be excluded.

9. Privacy and Data Protection#

OpenCommit processes personal data in accordance with:

  • The EU General Data Protection Regulation (GDPR);
  • The Dutch GDPR Implementation Act (UAVG).

Our data processing practices are described in our Privacy Policy at:
https://docs.opencommit.eu/trust/privacy-policy/

The Service may include optional analytics. Where required, we provide appropriate user choice mechanisms (for example, opt-out and/or consent depending on the implementation and applicable law).

If you are a business customer and OpenCommit processes Personal Data on your behalf as a processor, the OpenCommit Data Processing Addendum (DPA) available at https://docs.opencommit.eu/trust/dpa/ is incorporated into these Terms by reference and governs such processing.

10. Suspension and Termination#

We may suspend or terminate access if:

  • You materially breach these Terms;
  • Continued access creates legal or security risk;
  • Required by law or court order;
  • A required subscription is not maintained.

Where reasonable, we will provide prior notice and an opportunity to remedy.

You may close your account at any time. You acknowledge that contributions to public repositories may remain available to others (for example through forks, clones, mirrors, or archives).

Upon termination, we may delete repositories after a reasonable retention period, unless legally required to retain them.

We may delete abandoned accounts after 365 days of inactivity, after giving prior notice to the account email address where reasonably possible.

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to a breach of these Terms or a violation of the OpenCommit Code of Conduct.

11. Limitation of Liability#

Nothing in these Terms excludes or limits liability where such limitation is not permitted under Dutch law.

To the maximum extent permitted under applicable law:

  • OpenCommit is not liable for indirect or consequential damages, including loss of profits or loss of data.
  • Total liability is limited to the amount paid by you in the 12 months preceding the event giving rise to liability.
  • If no fees were paid, liability is limited to EUR 100.

This limitation does not apply in cases of intent or deliberate recklessness, and does not affect liability that cannot be limited under mandatory law.

12. Force Majeure#

OpenCommit is not liable for failure or delay caused by circumstances beyond its reasonable control (overmacht), including but not limited to network outages, power failures, governmental actions, cyberattacks, terrorism or war.

13. Amendments#

We may amend these Terms. Material changes will be announced via the website or by email.

Continued use after changes become effective constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service and close your account.

14. Governing Law and Jurisdiction#

These Terms are governed exclusively by the laws of the Netherlands.

Disputes shall be submitted to the competent court in the district where OpenCommit Foundation has its statutory seat, unless mandatory law provides otherwise (including any right to bring proceedings in another competent court).

15. Contact#

Stichting OpenGit (operating as OpenCommit)

KVK 95808930
RSIN 867313328
hello@opencommit.eu