GitLab Testing Agreement
(Additional Terms)
This Testing Agreement (“Agreement”) is between GitLab Inc. with offices at 268 Bush Street, Suite 350, San Francisco, CA 94104 (“GitLab”), and either: (i) the entity electronically accepting this Agreement; or (ii) the entity on behalf of which the Testing Features are enabled, as applicable and in either case, “Customer”. This Agreement is effective as of the earlier date on which: (i) Customer clicks to accept this Agreement within the GitLab Software; or (ii) an individual acting on behalf of Customer opts to enable the Testing Features (“Effective Date”). The parties agree to the following terms and conditions related to Customer’s use of the applicable Testing Feature (as defined below).
An individual opting to enable the Testing Features represents that they have the authority to bind Customer to the terms of this Agreement. If the individual does not have such authority, they must not opt to enable the Testing Features or otherwise disable such Testing Features.
1. DEFINITIONS
1.1. “Testing Feature(s)” are experimental, alpha, or beta features that are not ready for production use. Testing Features are provided without, or with limited, support, as determined in GitLab’s discretion. Additional details and applicable use terms incorporated herein by reference are further described here: https://docs.gitlab.com/policy/development_stages_support/.
1.2. “AI Assisted” means the use of, or development of, work product with the assistance of artificial intelligence (including machine learning).
1.3. “Generally Available Features” are Software features that are ready for production use at any scale, are fully documented and supported, and have passed the Production Readiness Review.
1.4. “Personal Data” means all information defined in the definition of “personal data” under General Data Protection Regulation (EU) 2016/679.
1.5. “Production Readiness Review” is a process that helps identify the reliability needs of a service, feature, or significant change to infrastructure for GitLab.com.
1.6. “Testing Period” is the period of time Customer has access to the Testing Feature, as determined at GitLab’s discretion, for testing, evaluation, and Feedback (as defined below).
2. LICENSE, SCOPE, AND USE OF THE TESTING FEATURES
2.1. Subject to the terms of this Agreement, GitLab grants Customer a non-exclusive, non-transferable license to use the applicable Testing Feature(s) for internal use. Testing Features are governed as Free Software (as defined in the GitLab Subscription Agreement (“GLSA”) available at https://about.gitlab.com/handbook/legal/subscription-agreement/ and incorporated herein), subject to the applicable provisions of the GLSA (including, but not limited to, GLSA §§ 5, 7, 10.2, 14.2). Notwithstanding the foregoing, certain Testing Features may incur fees based on use, as described in the Documentation for the applicable Testing Feature and at https://docs.gitlab.com/subscriptions/gitlab_credits/. Capitalized terms not defined herein will have the meaning in the GLSA.
2.2. Customer acknowledges that the applicable Testing Feature: (i) has not been made commercially available, (ii) may be unstable and could cause performance and stability issues, (iii) may not operate properly, and (iv) may contain errors, design flaws or other problems. GitLab is under no obligation to release a Testing Feature as a Generally Available Feature.
2.3. To the extent a Testing Feature involves the processing of Customer’s Personal Data, Customer agrees and represents that it has provided all required notices to, and obtained all necessary consents from, the data subjects whose Personal Data is processed under a Testing Feature. GitLab will process Customer’s Personal Data on the basis of performing this Agreement with Customer. Any sub-processors used to provide a Testing Feature will be listed at https://about.gitlab.com/privacy/subprocessors/ and all notifications of updates to that list will be done in accordance with Section 14 of the data processing addendum as set forth in the GLSA.