Effective date: April 9, 2026
By accessing or using GateTest ("Service"), including the website at gatetest.ai, the GateTest GitHub App, the GateTest CLI tool, and any associated APIs, you ("Customer", "you", "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.
GateTest provides automated code quality scanning and analysis for software repositories. The Service includes static code analysis, security pattern detection, accessibility checking, performance analysis, and related quality assurance tools. The Service is an automated tool and does not constitute professional consulting, security auditing, legal compliance certification, or any form of professional advice.
3.1 Per-scan payment. When you purchase a scan, the full scan amount is charged to your payment method at checkout. This is a one-time, per-scan payment. There is no subscription, no auto-renew, and no recurring charge unless you explicitly subscribe to the Continuous plan.
3.2 Currency and processing. All prices are in US Dollars (USD). Payments are processed by Stripe, Inc. We do not store, process, or have access to your full credit card number. By providing payment information, you represent that you are authorised to use the payment method provided.
3.3 Price changes. We reserve the right to change pricing at any time. Price changes do not affect scans already purchased. Current pricing is displayed on our website at the time of purchase and constitutes the binding price for that transaction.
3.4 Taxes. Prices are exclusive of applicable taxes. You are responsible for any sales tax, VAT, GST, or similar taxes applicable in your jurisdiction.
3.5 What "delivery" means. The Service is considered delivered when a scan completes and a scan report is made available to you (via the web UI, email, PR comment, or API response). Delivery means that the Service has run the scan modules purchased and produced output. It does NOT mean (a) that the scan identified any specific number of issues, (b) that the scan identified all issues present in your code, (c) that any finding is correct or actionable, or (d) that your code is free of defects. Completion and delivery of a report is the service rendered; the content of the report is not a warranty.
3.6 Refunds. Once a scan has delivered a report, the Service is rendered and the payment is non-refundable. If a scan fails to start, or crashes mid-way without producing a report, contact hello@gatetest.ai within seven (7) days — we will, at our discretion, either re-run the scan at no additional cost or issue a credit toward a future scan. Cash refunds are not issued except where required by non-waivable consumer-protection law in your jurisdiction.
4.1 Grant of access. To perform a scan, you grant GateTest temporary, limited, read-only access to the specified repository solely for the purpose of performing the requested quality analysis. This access terminates immediately upon scan completion.
4.2 Auto-fix access. For tiers that include auto-fix functionality, you additionally grant GateTest permission to create branches and submit pull requests to the specified repository. GateTest will never merge pull requests automatically — all merges require your explicit approval.
4.3 Authorisation warranty. You represent and warrant that (a) you own the repository or have explicit authorisation from the owner to scan it, (b) scanning the repository does not violate any agreement, law, or third-party right, and (c) the repository does not contain content that is illegal in your jurisdiction. You agree to indemnify and hold harmless GateTest from any claims arising from your breach of this warranty.
4.4 Prohibited use. You may not use the Service to scan repositories you do not own or have permission to scan. You may not use the Service to identify vulnerabilities in code for the purpose of exploiting them. You may not use the Service in any manner that violates applicable law.
5.1 Your code. You retain all ownership and intellectual property rights in your source code. GateTest does not claim any ownership of your code. We do not use your code for any purpose other than performing the requested scan.
5.2 Scan reports. Scan reports generated by GateTest are licensed to you for your internal use. You may share reports within your organisation. You may not resell GateTest reports as a standalone service.
5.3 Our Service. GateTest, its modules, algorithms, reports, website, and all associated intellectual property are owned by GateTest and its operators. These Terms do not grant you any rights to our intellectual property beyond the limited right to use the Service as described.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.1 GateTest is an automated scanning tool. A passing scan result DOES NOT constitute a guarantee, warranty, certification, or representation that your code is free of bugs, security vulnerabilities, compliance issues, or defects of any kind.
6.2 GateTest does not guarantee that it will detect all issues in your code. No automated tool can identify every possible defect. The Service is a supplement to — not a replacement for — professional code review, manual testing, security audits, penetration testing, and compliance assessments.
6.3 We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
For tiers that include auto-fix functionality, GateTest generates automated code modifications and submits them as pull requests. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, TESTING, AND APPROVING ALL AUTO-FIX CHANGES BEFORE MERGING THEM INTO YOUR CODEBASE. GateTest does not guarantee that auto-fix changes are correct, complete, free of side effects, or suitable for your use case. Auto-fix changes may introduce new bugs, break existing functionality, or cause data loss. By using auto-fix, you accept full responsibility for any consequences of merging auto-generated code changes.
[DRAFT — requires attorney review. The "informational, not professional advice" characterisation and the customer-verification obligation should be confirmed by counsel in light of any jurisdictions that regulate AI-assisted professional output.]
8.1 Probabilistic output. The AI-powered code review module uses third-party AI services (currently Anthropic Claude) to analyse code. AI analysis is probabilistic in nature and may produce false positives (flagging non-issues), false negatives (missing real issues), hallucinated references, fabricated line numbers, or incorrect suggestions. AI review results are suggestions requiring human verification, not definitive assessments.
8.2 Not professional advice. Scan findings, AI review output, and any related explanations are informational only. They do not constitute legal advice, security auditing, compliance certification, professional engineering advice, accounting advice, or any other form of professional advice. You are solely responsible for independently verifying any finding before acting on it and for obtaining qualified professional advice where appropriate.
8.3 No guarantee of findings. GateTest does not guarantee that the Service will identify every issue in your code, that any issue reported is in fact a real issue, that any auto-fix suggestion is correct, or that any severity classification is accurate for your context. A passing scan is not a warranty that your code is secure, compliant, or fit for any purpose.
8.4 Responsibility for actions taken. GateTest is not responsible for any action (or inaction) you take based on AI review output, scan findings, or auto-fix pull requests. You retain sole responsibility for the code you ship.
[DRAFT — requires attorney review. Liability floor ($100), the 12-month look-back, and the list of excluded damage categories must be confirmed against the operator's insurance coverage and applicable consumer-protection carve-outs (including the NZ Consumer Guarantees Act 1993 where the customer acquires the Service for personal use).]
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GATETEST, ITS OPERATORS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF GATETEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES WHETHER THE LOSS OR DAMAGE IS DIRECT, INDIRECT, FORESEEABLE, OR UNFORESEEABLE.
9.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GATETEST'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (US$100) OR (B) THE AMOUNT YOU ACTUALLY PAID TO GATETEST FOR THE SPECIFIC SCAN OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS OF EVERY KIND, AND IS NOT RESET BY MULTIPLE CAUSES OF ACTION.
9.3 Without limiting the above, GateTest shall have no liability for: (a) any bugs, security breaches, data loss, downtime, or damages occurring in code that has been scanned by GateTest, whether the scan passed or failed; (b) any consequences of merging auto-fix pull requests; (c) any actions taken or not taken based on scan results or AI review output; (d) any third-party claims related to your code or repositories; (e) any failure of third-party infrastructure (including Stripe, GitHub, Anthropic, Vercel, Cloudflare, or Neon) that is outside our reasonable control; (f) any loss arising from use of the CLI tool, which is provided under the MIT License without warranty.
9.4 Essential basis of the bargain. The limitations and exclusions in this Section 9 are a material and essential basis of the bargain between you and GateTest. The Service would not be offered at its current pricing without these limitations. The limitations apply even if a remedy is found to have failed of its essential purpose.
[DRAFT — requires attorney review. Mutual-indemnity structure, sole-control-of-defense language, and settlement-consent mechanics should be confirmed by counsel.]
10.1 Your indemnity obligation.You agree to indemnify, defend, and hold harmless GateTest and its operators, directors, employees, agents, contractors, and affiliates (the "GateTest Parties") from and against any and all third-party claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal fees and expert fees) arising from or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law, regulation, or third-party right (including intellectual property, privacy, publicity, or contractual rights); (d) any repository content, code, configuration, or data you submit or expose to the Service; (e) any dispute between you and a third party related to code scanned by GateTest or to actions you took in reliance on scan results, AI review output, or auto-fix pull requests; (f) your gross negligence or wilful misconduct; (g) any content you instruct the Service to analyse that infringes, defames, or otherwise violates a third party's rights; and (h) any tax liability arising in your jurisdiction.
10.2 Control of defense. GateTest may, at its election and expense, assume the exclusive defense and control of any matter subject to indemnification by you. In that event, you will cooperate in good faith with the defense. You may not settle any matter without the prior written consent of GateTest if the settlement would impose any obligation, admission, or restriction on GateTest.
10.3 Survival. Your indemnification obligations survive termination of these Terms.
[DRAFT — requires attorney review. Attorney should align the reverse-engineering prohibition with any open-source-license obligations that flow through our dependencies and confirm the interoperability-exception language permitted by the operator's jurisdiction.]
You agree not to, and not to permit any third party to:
GateTest reserves the right (but has no obligation) to investigate suspected violations, suspend access while investigating, remove submitted content, report conduct to law enforcement, and cooperate with legitimate legal process.
[DRAFT — requires attorney review. The unilateral-termination-for-any-reason clause, the notice periods, and the 30-day data-purge window should be confirmed against any consumer-protection rules applicable to the customer's jurisdiction (including NZ CGA, EU consumer-rights directives, and US state laws on subscription cancellation).]
12.1 Unilateral right to suspend or terminate. GateTest may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason or no reason, with or without notice, including but not limited to: violation of these Terms; suspected abusive behaviour or fraudulent payment activity; a chargeback or payment-method dispute; actions that harm or threaten to harm the Service, its users, or third parties; a legal, regulatory, or law-enforcement request; our reasonable belief that continued access creates risk to GateTest; or our decision to discontinue all or part of the Service.
12.2 Notice where practicable.Where termination is not related to abuse, fraud, or legal obligation, we intend to provide at least fourteen (14) days' written notice to the email address associated with your account, during which you may export your scan reports. Where immediate suspension is necessary to protect the Service or other users, we may act without prior notice.
12.3 Effect of termination; data retention and purge. Upon termination, your right to use the Service ceases immediately. Scan reports and account metadata will be retained for thirty (30) days post-termination to allow export or reactivation, after which they are permanently purged from our production systems. Backups may persist for a short additional period consistent with our backup rotation schedule, and are purged on the normal rotation. Sections 5 (Intellectual Property), 6 (Disclaimers), 7 (Auto-Fix Disclaimer), 8 (AI Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), the arbitration and class-waiver sections, and any other clause that by its nature should survive, survive termination.
12.4 Your right to terminate. You may terminate your account at any time by contacting us at hello@gatetest.ai or through in-app controls where provided. Active Stripe holds will be released and no further charges will be made. Fees paid for completed scans are final and non-refundable, except where a non-waivable statutory consumer right applies in your jurisdiction.
12.5 No liability for suspension or termination. Subject to applicable law, GateTest shall not be liable to you or any third party for any suspension or termination of access to the Service carried out in accordance with this Section 12.
[DRAFT — requires attorney review. Governing law (New Zealand) and venue (Auckland) are inferred from the operator's location. Counsel should confirm the choice of law interacts cleanly with Section 19 (Binding Arbitration) — in particular whether the arbitration seat is also Auckland and whether New Zealand courts retain supervisory jurisdiction over any arbitration. Counsel should also confirm that NZ CGA carve-outs are preserved for consumer customers.]
13.1 Governing law. These Terms, and any dispute or claim arising from or related to them or the Service, are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Venue. Subject to Section 19 (Binding Arbitration), any dispute that is not subject to arbitration shall be brought exclusively in the courts located in Auckland, New Zealand, and you consent to the personal jurisdiction of those courts.
13.3 Consumer rights preserved. Nothing in these Terms excludes or limits any consumer rights that cannot be excluded or limited under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where applicable. To the extent you are a consumer in a jurisdiction whose laws provide non-waivable consumer protections, those protections apply notwithstanding any contrary language in these Terms.
Installation of the GateTest GitHub App constitutes acceptance of these Terms. The App receives webhook events (push, pull request) and reads repository contents solely for automated scanning. You can revoke access at any time by uninstalling the App from your GitHub account or organisation settings. Uninstallation terminates our access immediately.
The GateTest CLI tool is provided free of charge under the MIT License and is provided "AS IS" without warranty of any kind, express or implied. The full MIT License terms apply. Use of the CLI tool is entirely at your own risk.
16.1 We target 99.5% uptime for the GateTest web service, measured monthly, excluding scheduled maintenance. This is a target, not a guarantee. We do not offer service credits or compensation for downtime.
16.2 Scheduled maintenance will be announced at least 24 hours in advance where practicable. Emergency maintenance may occur without notice.
16.3 If the Service is unavailable during a scan, the payment hold is automatically released and no charge is made. You may retry the scan at no additional cost.
17.1 Per-scan limits: individual repositories up to 500MB in size, up to 50,000 files. Repositories exceeding these limits may result in incomplete scans.
17.2 Rate limits: maximum 10 concurrent scans per account, maximum 100 scans per 24-hour period. If you require higher limits, contact us.
17.3 Abuse of the Service (including scanning the same repository repeatedly to exploit pricing, submitting repositories designed to attack our infrastructure, or using the Service in any automated manner that degrades it for others) may result in immediate suspension without notice.
18.1 If a payment hold cannot be placed (insufficient funds, expired card, bank decline), the scan will not proceed. No scan is initiated until a successful hold is confirmed.
18.2 For the Continuous plan ($49/month), if a recurring charge fails, we will attempt to charge the payment method up to 3 times over 7 days. If all attempts fail, continuous scanning will be paused until payment is resolved. No data is deleted during this period.
18.3 We accept payment by credit and debit card via Stripe. We do not accept cryptocurrency, wire transfer, cheque, or other payment methods unless agreed in writing.
[DRAFT — requires attorney review. PRIORITY FLAG. The choice of arbitration framework (AAA Consumer Rules vs JAMS Streamlined vs New Zealand International Arbitration Centre (NZIAC) rules), the venue for arbitration, the small-claims carve-out scope, the 30-day opt-out mechanics (including the postal address), and the class-action waiver must all be confirmed by counsel for enforceability in each customer jurisdiction. Class-waiver enforceability is jurisdiction-sensitive (notably in California post-McGill, the EU under consumer directives, and Australia). If NZ is the seat, attorney should confirm alignment with the Arbitration Act 1996 (NZ) and whether an NZ-seated arbitration can still invoke AAA or JAMS rules. Attorney should also review whether the opt-out window (30 days) is adequate and whether any jurisdiction requires a longer window.]
19.1 Informal resolution first. Before initiating any formal dispute process, you agree to contact us at hello@gatetest.ai with a written description of your concern, your account details, and the outcome you are seeking. We intend to acknowledge within three (3) business days and respond substantively within ten (10) business days. Both parties agree to attempt in good faith to resolve the dispute through direct negotiation for a period of at least thirty (30) days before proceeding further.
19.2 Agreement to arbitrate. If informal resolution does not resolve the dispute, then, except for the carve-outs in Section 19.5, you and GateTest agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, and not in court, by jury, or as part of any class, collective, consolidated, or representative action. This agreement to arbitrate is intended to be broadly interpreted and includes claims in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
19.3 Arbitration rules and administrator. The arbitration will be administered by a neutral administrator mutually selected by the parties. Absent agreement, the arbitration will be administered (i) for customers resident in the United States, by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the small-claims-court carve-out in Section 19.5 preserved; (ii) for customers resident outside the United States, by the New Zealand International Arbitration Centre (NZIAC) under its Arbitration Rules, or, at the election of the parties, by JAMS under its Streamlined Arbitration Rules. The seat of arbitration is Auckland, New Zealand unless the parties agree otherwise. The arbitration may proceed on documents only unless either party requests an in-person or virtual hearing.
19.4 Class-action and jury waiver.YOU AND GATETEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court determines that this class-waiver is unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from the arbitration and may proceed in court; the remaining claims will continue in arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
19.5 Small-claims and injunctive carve-outs.Either party may bring an individual action in a small-claims court of competent jurisdiction for disputes that qualify under that court's rules. Either party may seek temporary injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, or to enforce the prohibited- use provisions of Section 11, without breaching this Section 19.
19.6 Thirty-day opt-out.You have the right to opt out of this Section 19 (Binding Individual Arbitration and Class-Action Waiver) by sending a signed written opt-out notice, postmarked within thirty (30) days of the date you first accepted these Terms, to: GateTest — Arbitration Opt-Out, c/o hello@gatetest.ai (postal address to be confirmed in final Terms), OR by emailing hello@gatetest.ai with the subject line "Arbitration Opt-Out", your full name, your email address on file, and a clear statement that you are opting out. Opting out does not affect any other provision of these Terms and does not deprive you of access to the Service. If you opt out, disputes will be resolved exclusively in the courts identified in Section 13.2.
19.7 Delegation. The arbitrator (not a court) has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 19, except that a court may decide whether the class-action waiver in Section 19.4 is enforceable.
19.8 Fees and costs.Each party bears its own fees and costs unless the applicable arbitration rules or applicable law provide otherwise; the arbitrator may award costs and reasonable attorneys' fees to the prevailing party where permitted.
19.9 Confidentiality of arbitration. The existence and content of the arbitration, including all submissions, evidence, and awards, shall be kept confidential by both parties except as necessary to enforce an award or as required by law.
[DRAFT — requires attorney review. Counsel should confirm the specific export-control regimes that apply to the Service given its use of AI processing and US-based sub-processors (Stripe, Anthropic, Vercel, Cloudflare), and should confirm the sanctioned-jurisdiction list is current.]
20.1 Sanctions.You may not access or use the Service if you are, or are acting on behalf of anyone who is: (a) located in, organised under the laws of, or ordinarily resident in any country or region subject to comprehensive trade sanctions by the United States (including countries identified by the US Office of Foreign Assets Control (OFAC) — currently including Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People's Republic, and so-called Luhansk People's Republic regions of Ukraine), the United Kingdom, the European Union, the United Nations, Australia, or New Zealand; or (b) identified on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List, the US Department of Commerce Denied Persons List or Entity List, the UK Consolidated List of financial sanctions targets, the EU Consolidated List of persons, groups and entities subject to EU financial sanctions, or any equivalent list of another applicable jurisdiction.
20.2 Export-control representations. You represent and warrant that you will not export, re-export, transfer, or make available the Service, any reports, or any related technical data to any person, entity, or destination prohibited by the export-control or sanctions laws of the United States, the European Union, the United Kingdom, Australia, New Zealand, or any other applicable jurisdiction. You are responsible for determining and complying with all export-control and sanctions obligations in your jurisdiction.
20.3 Screening. GateTest may, at any time, decline to provide or terminate the Service to any user reasonably believed to be subject to sanctions or export restrictions, without liability.
If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect. The severance of any provision shall not affect the validity or enforceability of the remaining provisions, nor the validity of that provision in any other jurisdiction, except as expressly stated in Section 19.4 (class-waiver blue-pencil).
These Terms, together with the Privacy Policy and any tier-specific or enterprise addenda expressly incorporated by reference, constitute the entire agreement between you and GateTest regarding the Service and supersede all prior or contemporaneous agreements, proposals, representations, or communications, whether oral or written, regarding the subject matter. In the event of a conflict between these Terms and any other policy, these Terms control unless the other policy expressly states otherwise. No oral or written statement by any GateTest representative modifies these Terms unless confirmed in a writing signed by an authorised officer of GateTest.
[DRAFT — requires attorney review. The thirty-day notice period and the continued-use-equals-consent model should be confirmed against any jurisdiction that requires affirmative opt-in for material changes (notably some EU consumer- protection regimes).]
23.1 Right to modify. We reserve the right to modify these Terms at any time.
23.2 Notice of material changes.Where changes are material, we intend to provide at least thirty (30) days' advance notice via email to the address associated with your account, via a prominent banner or in-app notice on the Service, or both. The "Effective date" at the top of these Terms will be updated to reflect the date the modified Terms take effect.
23.3 Continued use equals consent. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of those Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Service and to terminate your account before the effective date; any pre-paid fees for unused Service will be refunded pro rata only where required by non-waivable applicable law.
23.4 Non-material changes. Changes that do not materially reduce your rights or materially increase your obligations (including corrections of typographical errors, clarifications, or updates to contact details) may take effect without advance notice.
[DRAFT — requires attorney review. The age threshold (18+ with a 13+ parental-consent fallback) should be confirmed against each relevant jurisdiction's age of contract and online-services rules (COPPA in the US, the GDPR "Article 8" age threshold in the EU, and the NZ Privacy Act 2020 age rules).]
24.1 Adult use. The Service is offered to, and may only be used by, individuals who are at least eighteen (18) years of age or the age of legal majority in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
24.2 Minors.We do not knowingly permit use of the Service by individuals under the age of eighteen (18). Where local law permits a younger user (for example, thirteen (13) or older with verifiable parental or guardian consent in the United States, or sixteen (16) or older in the EU under Article 8 GDPR), such use is only permitted with the verifiable consent of a parent or legal guardian who agrees to these Terms on the minor's behalf. We do not knowingly collect personal information from children under thirteen (13) in contravention of COPPA or from children under the applicable GDPR Article 8 age. If we become aware that a minor has used the Service without appropriate consent, we will terminate the account and delete the associated data.
[DRAFT — requires attorney review.]
GateTest is not liable for any delay, failure to perform, or interruption of the Service caused by events or circumstances beyond its reasonable control, including but not limited to: acts of God; natural disasters (earthquake, flood, fire, volcanic eruption); war, invasion, armed conflict, terrorism, civil unrest, or insurrection; cyberattacks, distributed-denial-of-service attacks, or malware outbreaks affecting us or our sub-processors; failures or disruptions of telecommunications, internet backbone, DNS, or certificate-authority infrastructure; failures or outages of upstream providers (including Stripe, GitHub, Anthropic, Vercel, Cloudflare, or Neon); government action, embargo, sanction, export restriction, or change in law; labour disputes, strikes, or work stoppages; power failures; pandemic, epidemic, or public-health emergency; or any other event of the nature commonly described as force majeure. Where a force majeure event prevents completion of a scan, any Stripe hold is released without capture.
You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent; any attempted assignment in breach of this Section is void. GateTest may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganisation, sale of assets, or change of control, on notice to you.
You consent to receive notices electronically at the email address associated with your account and via banners, in-app messages, or similar prominent notices on the Service. Electronic notices satisfy any legal requirement that a notice be in writing. Notices to GateTest must be sent to hello@gatetest.ai and are effective on acknowledgement of receipt.
A failure or delay by either party to enforce any provision of these Terms is not a waiver of that provision or of any future right to enforce it. A waiver is effective only if given in writing and signed by the waiving party. These Terms do not create any third-party beneficiary rights, except that the limitations of liability, disclaimers, and indemnities in favour of GateTest extend to the GateTest Parties identified in Section 10.
For questions about these Terms, contact us at hello@gatetest.ai.