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GatewayAI Terms of Service

Last Updated: October 26, 2023


Welcome to GatewayAI. These Terms of Service (“Terms”) govern your access to and use of the GatewayAI platform, including our website at https://gatewayai.cloud (the “Site”), our application programming interfaces (“APIs”), and all related services (collectively, the “Service”), provided by GatewayAI, Inc. (“GatewayAI,” “we,” or “us”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY.

If you are not eligible or do not agree to these Terms, you do not have our permission to use the Service.

These Terms provide that all disputes between you and GatewayAI will be resolved by BINDING ARBITRATION. You agree to waive your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR, not a judge or jury, and your claims cannot be brought as a class action. Please review Section 15 (“Dispute Resolution and Arbitration”) for details.

1. The GatewayAI Service
GatewayAI provides a unified access point for a curated selection of leading third-party generative artificial intelligence models (“AI Models”). Our Service enables users to seamlessly integrate and utilize these AI Models through a single, robust API. GatewayAI reserves the right to add, remove, or modify the available AI Models at its sole discretion.

2. Eligibility
You must be at least 13 years of age to use the Service. If you are under 18, you must have your parent’s or guardian’s permission. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.

3. Accounts and Registration
To access the core features of the Service, you must register for an account. You agree that the information you provide is accurate and will be kept up-to-date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at support@gatewayai.cloud if you suspect your account is no longer secure.

4. Payment and Credits
Access to the Service requires the purchase of prepaid service credits (“Credits”).

  • 4.1. Purchasing Credits: All fees will be presented to you before you complete a purchase. Credits are purchased in advance. Purchased Credits are non-refundable, except as required by law or as explicitly stated herein. All payments are processed through our secure third-party payment processors.

  • 4.2. Auto-Recharge: You may enable an “Auto-Recharge” feature, which automatically purchases new Credits when your balance falls below a threshold you define. By enabling this feature, you authorize us to charge your designated payment method. You can manage or disable Auto-Recharge at any time in your account settings.

  • 4.3. Credit Expiration: Unused Credits will expire three hundred sixty-five (365) days from the date of purchase, unless otherwise specified.

5. User Content and Data Privacy

  • 5.1. Definitions: You may provide input to the Service (“Input”) and receive generated output (“Output”). Collectively, Input and Output are referred to as “User Content.”

  • 5.2. Your Ownership: You retain all your rights to your Input. Your rights to any Output are governed by the terms of the specific third-party AI Model you utilized.

  • 5.3. Our Commitment to Privacy: GatewayAI does not use your User Content to train our models or any third-party AI Models. We are a conduit. Unless you explicitly opt-in for specific debugging or logging features, your Inputs are not stored by us after the request is processed. You are responsible for reviewing and complying with the data use policies of the underlying AI Models you choose to use through our Service.

  • 5.4. User Responsibilities: You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to your Input and that its use within the Service will not infringe upon or violate any third-party rights or any applicable laws.

  • 5.5. Content Disclaimer: We are under no obligation to monitor or control User Content and will not be liable for it. However, we reserve the right to block or remove any User Content that, in our sole judgment, violates these Terms, is illegal, or is otherwise objectionable.

6. Prohibited Conduct
By using the Service, you agree not to:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law.

  • Violate, or encourage others to violate, the rights of third parties, including intellectual property rights.

  • Interfere with the security-related features or operation of the Service, including reverse-engineering any part of the Service.

  • Perform any fraudulent activity, including impersonating any person or entity.

  • Sell, rent, or otherwise transfer the access granted under these Terms.

7. Termination
You may terminate your account at any time by contacting us at support@gatewayai.cloud. If you violate these Terms, your permission to use the Service will terminate automatically. We may also suspend or terminate your access to the Service at our discretion, with or without notice. Upon termination, any outstanding fees become immediately due.

8. Modification of these Terms
We reserve the right to modify these Terms. For material changes, we will provide at least thirty (30) days' advance notice via email or an in-product notification. Your continued use of the Service after the effective date of the changes constitutes your acceptance of the modified Terms.

9. Ownership; Proprietary Rights
The Service is owned and operated by GatewayAI. The visual interfaces, graphics, design, code, and all other elements of the Service (“Materials”) are protected by intellectual property laws and are the property of GatewayAI or our third-party licensors. We reserve all rights not expressly granted in these Terms.

10. Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you hereby grant GatewayAI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use and exploit the Feedback in any manner and for any purpose.

11. Indemnity
You are responsible for your use of the Service. You agree to defend and indemnify GatewayAI and its officers, directors, employees, and agents (the “GatewayAI Entities”) from and against any claim, liability, damage, loss, and expense (including reasonable attorneys' fees) arising out of or connected with your use of the Service or your violation of these Terms.

12. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE GATEWAYAI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

13. Limitation of Liability
IN NO EVENT WILL THE GATEWAYAI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR GOODWILL) ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
THE AGGREGATE LIABILITY OF THE GATEWAYAI ENTITIES TO YOU FOR ALL CLAIMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO GATEWAYAI FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $100.

14. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. If a lawsuit is permitted under these Terms, you and GatewayAI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.

15. Dispute Resolution and Arbitration
In the interest of resolving disputes expediently, you and GatewayAI agree to resolve any claim arising from these Terms through binding arbitration. This agreement to arbitrate includes all claims, whether based in contract, tort, statute, fraud, or any other legal theory. YOU AND GATEWAYAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The Notice of a dispute must be sent to the other party in writing. GatewayAI’s address for Notice is: GatewayAI, Inc., 2443 Embarcadero Way, Palo Alto, CA 94303, USA.

16. General
These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between you and GatewayAI. You may not assign or transfer these Terms without our prior written consent. The failure to enforce any provision will not be a waiver of our right to do so later. If any part of these Terms is held to be invalid, the remaining parts will remain in full force and effect. Upon termination, Sections 4, 5, and 9 through 17 will survive.

17. Contact Information
The Service is offered by GatewayAI, Inc., located at 2443 Embarcadero Way, Palo Alto, CA 94303, USA. You may contact us by emailing info@gatewayai.cloud.