Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Signal Atlas platform, website, and related services (collectively, the "Service") provided by OpenGate AI ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. 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.
We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email at least 30 days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.
2. Description of Service
OpenGate AI provides the Signal Atlas platform, a Technology Financial Intelligence solution designed to help organizations understand, manage, and optimize their technology expenditures. The Service includes:
- Automated collection and normalization of technology cost data through integrations with third-party platforms
- Financial analysis, reporting, and visualization of technology spend
- Cost attribution, allocation, and optimization recommendations
- API access for programmatic interaction with platform data
- Related documentation, support, and professional services
The specific features and capabilities available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice for material changes.
3. User Accounts
To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Ensuring that all users within your organization comply with these Terms
We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or remain inactive for an extended period. You may not share account credentials or allow multiple individuals to use a single account unless your subscription plan explicitly permits it.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Service to violate any applicable law, regulation, or third-party rights
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
- Use the Service to transmit malicious code, spam, or any harmful content
- Interfere with or disrupt the integrity or performance of the Service
- Resell, sublicense, or redistribute the Service without our prior written consent
- Use automated tools to scrape, harvest, or extract data from the Service beyond approved API usage
- Misrepresent your identity or affiliation when using the Service
5. Intellectual Property
The Service, including all content, features, functionality, software, algorithms, designs, trademarks, and documentation, is owned by OpenGate AI and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it as described herein.
You retain all rights to your data that you input into or process through the Service ("Your Data"). By using the Service, you grant us a limited, non-exclusive license to access, process, and display Your Data solely as necessary to provide the Service to you.
Feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the data practices described in the Privacy Policy.
You are responsible for ensuring that you have the necessary rights and permissions to provide any data you submit to the Service, including data obtained through third-party integrations. You represent that your use of the Service complies with all applicable data protection laws and regulations.
We implement commercially reasonable security measures to protect Your Data, including encryption at rest and in transit, access controls, and regular security assessments. Our security practices are detailed on our Security page.
7. Payment and Billing
Certain aspects of the Service require a paid subscription. By selecting a paid plan, you agree to pay the applicable fees as described at the time of purchase. Payment terms include:
- Fees are billed in advance on a monthly or annual basis, depending on your plan
- All fees are non-refundable except as expressly stated in your service agreement
- We may change pricing with at least 30 days’ notice before the next billing cycle
- Failure to pay may result in suspension or termination of your account
- You are responsible for all applicable taxes
8. Disclaimers
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, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. The insights, recommendations, and data provided through the Service are for informational purposes and should not be considered financial, legal, or professional advice. You are solely responsible for decisions made based on information obtained through the Service.
While we strive for accuracy in our data processing and analysis, we do not guarantee the completeness, accuracy, or timeliness of information derived from third-party integrations.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENGATE AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless OpenGate AI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of a third party
- Any data you submit to or process through the Service
11. Termination
You may terminate your account at any time by contacting us or through your account settings. We may terminate or suspend your access to the Service immediately, without prior notice, if:
- You breach any provision of these Terms
- We are required to do so by law
- We decide to discontinue the Service or any part thereof
Upon termination, your right to use the Service ceases immediately. We will make your data available for export for a period of 30 days following termination, after which we may delete it in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination will remain in effect.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Dallas County, Texas.
You agree to submit to the personal jurisdiction of such courts and waive any objection to venue in such courts. Before initiating any formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.
13. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any applicable service agreement, constitute the entire agreement between you and OpenGate AI regarding the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
- Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we will provide additional notice through email or a prominent notice within the Service. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms of Service, please contact us:
OpenGate AI
539 W Commerce St, Suite 1670
Dallas, TX 75208
Email: legal@opengate-ai.com