Terms of Service

1. Description of Service

GatewayHost provides a messaging gateway service built on the XMTP protocol. Our Service enables developers and businesses to:

• Send and receive messages through the XMTP decentralized messaging network
• Manage messaging infrastructure through our API and dashboard
• Monitor messaging activity and analytics
• Integrate XMTP messaging capabilities into their applications

The XMTP network is a decentralized, end-to-end encrypted messaging protocol. Messages sent through our gateway are encrypted using the Messaging Layer Security (MLS) protocol, meaning we cannot read the content of your messages.

2. Eligibility

To use our Service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

4. API Keys and Access

4.1 API Key Management

We provide API keys to authenticate your access to our Service. You must:

• Keep all API keys confidential and secure
• Not share API keys with unauthorized parties
• Rotate keys regularly and immediately if compromised
• Use separate keys for development and production environments

4.2 Rate Limits and Quotas

Your use of the Service is subject to rate limits and quotas based on your subscription plan. We reserve the right to throttle or suspend access if you exceed these limits.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service to:

• Send legitimate, consensual messages to intended recipients
• Build applications that comply with applicable laws
• Respect the consent preferences of message recipients

5.2 Prohibited Uses

You agree NOT to use the Service to:

• Send spam, unsolicited messages, or messages without proper consent
• Distribute malware, phishing attempts, or fraudulent content
• Harass, abuse, threaten, or harm others
• Violate any applicable laws, regulations, or third-party rights
• Impersonate any person or entity
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to the Service or related systems
• Circumvent rate limits, security measures, or access controls
• Resell or redistribute the Service without authorization
• Send messages containing illegal content
• Facilitate illegal transactions or activities
• Violate export control laws or sanctions

5.3 Content Standards

While we cannot read the content of end-to-end encrypted messages, you represent and warrant that your use of the Service does not violate any laws or these Terms. You are solely responsible for the content you transmit through the Service.

6. Fees and Payment

6.1 Pricing

Our Service is offered under various subscription plans. Current pricing is available on our website. We reserve the right to modify pricing with reasonable notice.

6.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You are responsible for all applicable taxes
• Failed payments may result in service suspension

6.3 Network Fees

The XMTP network charges fees for message transmission. These fees are separate from our service fees and are passed through to you based on usage.

7. Service Level and Availability

7.1 Uptime Commitment

We strive to maintain high availability of our Service. Specific uptime commitments may be detailed in your service agreement or subscription plan.

7.2 Maintenance

We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may be performed without notice when necessary to protect the Service or users.

7.3 Third-Party Dependencies

Our Service depends on the XMTP network and other third-party infrastructure. We are not responsible for outages or issues caused by third-party services outside our control.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

8.2 Your Content

You retain ownership of any content you transmit through the Service. By using the Service, you grant us a limited license to process and transmit your content solely as necessary to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.1 End-to-End Encryption

Messages sent through the XMTP network are end-to-end encrypted. We do not have access to the content of your encrypted messages.

9.2 Metadata

While message content is encrypted, we may process certain metadata necessary to provide the Service, such as sender/recipient identifiers, timestamps, and message counts.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• The Service will meet your specific requirements
• Any errors in the Service will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless GatewayHost and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Content you transmit through the Service

13. Term and Termination

13.1 Term

These Terms remain in effect until terminated by either party.

13.2 Termination by You

You may terminate your account at any time by contacting us or using account settings.

13.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms
• Engage in prohibited uses
• Fail to pay applicable fees
• Pose a security risk to the Service

13.4 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account data after a reasonable retention period
• Provisions that should survive termination will remain in effect

14. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Service or via email. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision shall be final and binding.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

16.3 Waiver

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

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or infrastructure failures.

17. Contact Information

For questions about these Terms, please contact us at:

Email: legal@gatewayhost.dev