1. Acceptance and Binding Effect
By creating an account, accessing the Service, starting a checkout, paying for a subscription, using any free or paid feature, uploading content, or otherwise interacting with Gateway-operated surfaces, you agree to be bound by these Terms, our Privacy Policy, our Cookie Notice, our Cancellation and Refund Policy, our Acceptable Use Policy, and any supplemental policy or workflow-specific rule that we publish from time to time.
If you do not agree to these Terms, you must not use the Service. If you use the Service on behalf of a company, studio, team, agency, or other organization, you represent and warrant that you have authority to bind that entity, and references to 'you' include both the individual user and the entity on whose behalf the Service is used.
2. Definitions
- 'Gateway' means Gateway Creative LLC and its successors, affiliates, licensors, and permitted assigns.
- 'Service' means any Gateway-operated website, dashboard, hosted workflow, generation surface, billing surface, storage surface, or related application, API-connected interface, or support channel.
- 'Account' means the user registration, subscription relationship, credentials, and associated records used to access the Service.
- 'Inputs' means prompts, text, images, audio, video, files, metadata, settings, references, or other material submitted to the Service.
- 'Outputs' means text, images, audio, video, metadata, transformations, or other results generated, processed, or returned through the Service.
- 'Credits' means prepaid, bundled, promotional, subscription-based, or otherwise allocated usage units, allowances, or non-cash balances made available for Service use.
- 'Third-Party Provider' means any external payment, hosting, storage, queueing, security, moderation, analytics, or AI-generation provider used by Gateway.
3. Eligibility, Minors, and Account Integrity
You may use the Service only if you are legally capable of entering into a binding agreement under applicable law, are not barred from using the Service, and comply with all laws, regulations, sanctions programs, and third-party rights applicable to your use. Where local law imposes a digital-consent threshold for minors, you represent that you meet that threshold or are using the Service with all legally required parental or guardian authorization.
You must not use paid features, payment methods, or account-based commercial workflows unless you are legally permitted to do so. Gateway may require identity, payment, billing, business, or compliance verification, and may reject, suspend, or terminate Accounts where Gateway believes that access creates fraud, abuse, chargeback, sanctions, or legal risk.
4. Nature of the Service and Third-Party Provider Dependency
The Service is a hosted commercial access layer for creative workflows, account tools, billing surfaces, storage surfaces, and provider-backed generation or transformation systems. Gateway may orchestrate, route, queue, store, or display requests and results using one or more Third-Party Providers. Gateway does not represent that any specific provider, model, processing path, output format, latency profile, storage region, or feature will remain available, unchanged, compatible, uninterrupted, or successful.
Gateway does not sell or transfer raw provider credentials, provider API ownership, or any guarantee that a Third-Party Provider will accept, process, store, moderate, or return a request. Provider failures, moderation blocks, queue delays, upstream outages, throttling, regional restrictions, API changes, policy changes, and provider-side content decisions may cause requests to fail, delay, degrade, or return no result at all.
5. Subscription Access; No Sale of Provider Credentials
Unless Gateway expressly states otherwise in a signed written agreement, subscriptions and purchases grant only a limited, revocable, non-transferable right to access the Service through Gateway-operated account surfaces. They do not transfer any ownership in Gateway software, provider accounts, provider credentials, internal routing logic, moderation systems, queue systems, or hidden infrastructure.
You must not claim, resell, sublicense, transfer, expose, or represent that you own or control provider credentials or direct provider entitlements merely because you purchased Gateway subscription access.
6. Acceptable Use and Restricted Conduct
Your use of the Service is also governed by our Acceptable Use Policy. Without limiting that policy, you must not use the Service to create unlawful, infringing, fraudulent, deceptive, abusive, exploitative, hateful, or prohibited material; evade moderation; misuse likenesses or voice rights; interfere with systems; scrape outputs at scale; assemble competing training datasets; or otherwise create payment, sanctions, security, or legal risk for Gateway or any Third-Party Provider.
See our Acceptable Use Policy for additional restrictions and enforcement rules.
7. Inputs, Rights Clearance, and User Responsibility
You are solely responsible for all Inputs and for all consequences of submitting them. You represent and warrant that you own or control all rights, permissions, releases, licenses, and lawful authority required for your Inputs and for your planned use of the Outputs. Gateway does not clear rights for you, and Gateway does not investigate whether your Inputs are lawful, licensed, accurate, private, or commercially usable.
You must not submit confidential business secrets, regulated data, biometric templates, payment card data, or other highly sensitive or controlled information unless you are fully authorized to do so and are prepared for the risks of third-party processing. Submission of material contrary to these Terms is at your sole risk.
8. Outputs, AI Risk, and No Guarantee of Suitability
Outputs may be synthetic, incomplete, low quality, similar to third-party content, similar to outputs generated for other users, or blocked entirely. Outputs may contain factual errors, legal defects, stylistic defects, likeness issues, moderation artifacts, technical corruption, or downstream publication risk. Gateway does not guarantee originality, exclusivity, accuracy, safety, merchantability, copyrightability, non-infringement, fitness for purpose, regulatory suitability, or uninterrupted availability of any Output.
You must independently review, edit, fact-check, moderate, label, clear, publish, license, archive, and rely upon Outputs at your own risk. If law, platform rules, or business context requires a disclosure that media is synthetic, AI-generated, altered, or materially manipulated, you alone are responsible for making that disclosure.
9. Ownership, Licenses, and Intellectual Property Allocation
As between you and Gateway, you retain whatever rights you otherwise hold in your Inputs, subject to the limited rights you grant Gateway to host, store, reproduce, process, transmit, display, moderate, secure, troubleshoot, and otherwise operate the Service. Subject to your compliance with these Terms, Gateway does not claim ownership of Outputs generated specifically for your Account except to the extent necessary to operate, secure, moderate, audit, investigate, or defend the Service.
To the extent any Gateway interest in such Outputs is legally protectable and transferable, Gateway assigns that limited interest to you. This statement does not guarantee that any Output is original, protectable, exclusive, enforceable, or free of third-party claims, nor does it override any rights of Third-Party Providers, licensors, model owners, rights holders, or persons depicted or referenced in the material.
10. Data Use, Training Position, and Provider Qualification
Gateway does not state that every Third-Party Provider treats customer data identically, and Gateway does not represent that all provider processing occurs in a single jurisdiction or under a single retention model. Gateway may process Inputs and Outputs to operate the Service, apply moderation or policy checks, secure systems, investigate abuse, handle disputes, maintain records, and improve operational reliability.
Gateway does not make a blanket public promise that no Third-Party Provider will ever retain, analyze, or otherwise process request data beyond immediate inference unless such a promise is expressly supported by the relevant provider path and contract. You are responsible for reviewing Gateway's published privacy and subprocessor disclosures and for deciding whether the Service is appropriate for your content and risk profile.
11. Third-Party Services, Pass-Through Risk, and Provider Terms
Certain parts of the Service may rely on payments, storage, hosting, queues, moderation, analytics, or AI-generation services operated by Third-Party Providers. Your use of provider-backed workflows may therefore be affected by provider-side terms, moderation policies, region restrictions, data handling rules, age rules, sanctions controls, and rate limits. Gateway may take actions necessary to comply with provider requirements, including rejecting content classes, suspending features, withholding delivery, or disabling workflows that become unsupported or prohibited.
For current baseline provider categories, see our Subprocessors and Third-Party Services page.
12. Fees, Taxes, Price Changes, and Commercial Terms
The Service may include subscriptions, top-ups, credit packs, paid account tiers, trial offers, promotional pricing, or other commercial constructs. Prices, included entitlements, feature bundles, usage limits, and packaging may vary by plan, geography, account status, offer period, or future product decisions. Gateway may change pricing, credits, limits, packaging, or plan features for future purchases, future renewals, or future periods of use, subject to applicable law.
Unless otherwise stated, fees are exclusive of taxes, duties, levies, currency conversion costs, chargeback costs, or similar charges that may apply under law or payment rules. You are responsible for taxes and similar charges except to the extent Gateway is legally required to collect or remit them.
13. Credits, Top-Ups, Expiration, and Balance Controls
Credits and top-ups are non-cash usage instruments and do not constitute stored monetary value, deposit accounts, or transferable property unless mandatory law requires otherwise. Purchased credits may expire twelve months after purchase unless shorter or longer periods are expressly disclosed at the time of sale. Promotional, trial, courtesy, bonus, referral, or admin-issued credits may expire sooner, may be revoked at any time, and may be restricted by campaign terms, fraud review, sanctions review, or account status.
Gateway may adjust, reduce, freeze, reverse, remove, or offset Credits in connection with refunds, chargebacks, unauthorized payments, billing corrections, fraud review, abuse review, policy enforcement, provider reversals, or legal compliance. Gateway may also block withdrawals, transfers, or consumption of Credits while an account is in review.
14. Auto-Renewal, Billing Authorization, and Failed Payments
By purchasing a subscription or other paid entitlement, you authorize Gateway and its payment processor to charge your selected payment method for recurring or one-time amounts, taxes, adjustments, and other fees disclosed in the applicable purchase flow. Subscriptions renew automatically until canceled unless local law requires a different mechanism. Failed payments, payment authentication failures, disputes, or incomplete billing states may cause feature restrictions, renewal interruption, delayed access, account review, or support escalation.
Gateway may use billing integrity controls, payment verification, anti-fraud review, chargeback review, delayed fulfillment, or manual support review where Gateway reasonably believes an account creates payment or abuse risk.
15. Cancellation, Withdrawal Rights, and Refund Position
Cancellation of a subscription, deletion of an Account, and a request for a refund are separate actions with separate legal and operational consequences. Unless mandatory law requires otherwise, canceling a subscription stops future renewals and does not automatically refund the current paid term. Deleting an Account does not automatically cancel all financial obligations retroactively and does not automatically generate a refund.
Where local consumer law grants a right of withdrawal for digital services or digital content, that right applies only to the extent it has not been validly reduced or lost under applicable law. If you expressly request immediate performance of a digital service, hosted access, or digital content supply before the withdrawal period expires, and you acknowledge the resulting consequences, you agree that your withdrawal right may be reduced, exhausted, or lost to the fullest extent permitted by law once performance begins or value is consumed. Refunds are otherwise governed by applicable law and our published policy.
See our Cancellation and Refund Policy for additional detail.
16. Chargebacks, Payment Disputes, and Account Holds
If you initiate a chargeback, reversal, or payment dispute, Gateway may suspend or restrict the Account, block Credits, disable paid features, preserve evidence, offset disputed value where lawful, and require manual resolution before restoration, further billing access, or Account deletion. Gateway may deny refunds or restoration where Gateway reasonably believes a dispute is abusive, duplicative, inconsistent, fraudulent, or contrary to these Terms.
Gateway may also assess administrative review consequences, hold balances, or maintain a debt or risk flag on the Account until the matter is resolved to Gateway's reasonable satisfaction, to the extent permitted by law.
17. Moderation, Investigations, Suspension, and Termination
Gateway may review or act on content, accounts, payment activity, copyright complaints, sanctions issues, illegal-content notices, or provider restriction signals where Gateway believes it is necessary to protect the Service, comply with law, comply with provider obligations, reduce abuse, preserve evidence, or defend rights. Gateway may remove content, block access, suspend features, preserve logs, delay deletion, or terminate Accounts immediately, with or without prior notice, where Gateway reasonably believes that continued access is unlawful, abusive, insecure, commercially unreasonable, or operationally unsafe.
18. Copyright Complaints and Repeat Infringers
Gateway responds to copyright and related intellectual property complaints under its published copyright policy and may remove or disable material, suspend access, request additional information, or terminate repeat infringers. Gateway may preserve complaint history and account evidence for legal defense, fraud prevention, repeat-infringer analysis, and compliance.
See our Copyright and Intellectual Property Policy for complaint procedures and repeat-infringer handling.
19. Export Controls, Sanctions, and Restricted Use
You represent and warrant that you are not located in, resident in, or ordinarily using the Service from a jurisdiction subject to comprehensive sanctions or embargo restrictions applicable to Gateway, and that you are not a blocked, denied, restricted, or sanctioned person or entity under applicable law. You must not use the Service in violation of export control laws, sanctions laws, restricted end-use restrictions, or trade control requirements, and you must not use the Service for prohibited end uses or for the benefit of prohibited parties.
Gateway may block, refuse, suspend, or terminate access without notice where Gateway believes such action is necessary for sanctions, export, or compliance reasons.
20. Beta Features, Provider Changes, and Force Majeure
Gateway may introduce, remove, limit, modify, or discontinue any feature, plan, provider path, output type, storage path, moderation rule, or workflow at any time. Beta, pilot, experimental, preview, or early-access features may be unstable, incomplete, restricted, or withdrawn without notice or compensation.
Gateway is not responsible for delay, interruption, degradation, or failure caused by events beyond Gateway's reasonable control, including acts of government, sanctions changes, internet failures, cloud failures, provider failures, payment network failures, moderation embargoes, legal restrictions, labor disruptions, security events, model deprecation, API changes, or force majeure events affecting Gateway or a Third-Party Provider.
21. Disclaimers and No Service Level Commitment
THE SERVICE, ALL OUTPUTS, ALL ACCOUNT SURFACES, AND ALL PROVIDER-BACKED WORKFLOWS ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. GATEWAY DOES NOT GUARANTEE ANY UPTIME, PROCESSING SPEED, LATENCY, SUCCESS RATE, MODERATION RESULT, STORAGE DURATION, MODEL AVAILABILITY, OUTPUT QUALITY, OUTPUT LEGALITY, OR COMMERCIAL FITNESS UNLESS EXPRESSLY STATED IN A SIGNED ENTERPRISE AGREEMENT.
Gateway disclaims warranties of accuracy, reliability, merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, and error-free operation to the maximum extent permitted by law. No oral or informal statement by Gateway creates any warranty or service-level commitment.
22. Limitation of Liability and Indemnity
To the maximum extent permitted by law, Gateway and its affiliates, officers, employees, licensors, and providers will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenue, business opportunity, data, goodwill, expected savings, or publication value arising out of or relating to the Service, even if Gateway was advised of the possibility of such damages. To the maximum extent permitted by law, Gateway's aggregate liability for all claims will not exceed the greater of the amount you paid Gateway in the twelve months preceding the event giving rise to the claim or USD 100.
You will defend, indemnify, and hold harmless Gateway and its affiliates, officers, employees, licensors, and providers from and against claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your Inputs, Outputs, publications, campaigns, rights-clearance failures, deceptive or unlawful uses, payment disputes, sanctions violations, or breach of these Terms.
23. Governing Law, Consumer Carve-Outs, and Miscellaneous Terms
These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws principles. However, if you are a consumer resident in a jurisdiction that grants mandatory non-waivable rights, those mandatory rights remain preserved to the extent required by law, and nothing in these Terms is intended to deprive you of protections that cannot be lawfully excluded.
You may not assign or transfer these Terms or your Account without Gateway's prior written consent. Gateway may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, restructuring, financing, sale of assets, or similar transaction. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Gateway's failure to enforce any provision is not a waiver. These Terms, together with the policies they incorporate, are the entire agreement between you and Gateway regarding the Service unless a separate signed written agreement expressly states otherwise.
Gateway Creative LLC
1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, United States
Support: info@gateway-creative.com
Privacy: info@gateway-creative.com
Legal: info@gateway-creative.com