← Tollgate

# Terms of Service

**Effective date:** [EFFECTIVE_DATE]

These Terms of Service ("Terms") are a binding agreement between you ("you" or
"Customer") and [COMPANY] ("Tollgate", "we", "us"). They govern your access to and
use of the Tollgate API, dashboard, and related services (the "Service") available
at [WEBSITE_URL]. By creating an account, obtaining an API key, or using the
Service, you agree to these Terms. If you do not agree, do not use the Service.

## 1. The Service

Tollgate is a metered, pay-as-you-go API. You submit requests to defined endpoints
and are charged in prepaid "credits" per successful request. Available endpoints
and their prices are listed in the Service (e.g. at `/v1/catalog`) and may change.

## 2. Accounts and API keys

You must provide a valid email to register. You are responsible for all activity
under your account and for keeping your API key secret. Treat your API key like a
password; anyone with it can spend your credits. Notify us promptly at
[CONTACT_EMAIL] if you believe your key has been compromised, and you may rotate
it. You must be at least 18 (or the age of majority in your jurisdiction) and
legally able to enter into these Terms.

## 3. Credits, payments, and refunds

- **Prepaid credits.** Access is sold as prepaid credits. Successful requests
  deduct credits per the published pricing; **failed requests are not charged.**
- **Purchases.** Credit packs are purchased through our third-party payment
  processor. We do not receive or store your full card details (see the Privacy
  Policy).
- **No cash value.** Credits are a prepayment for Service usage only. They are not
  currency, carry no cash value, are non-transferable, and are **non-refundable
  except where required by law** or expressly stated by us.
- **Pricing changes.** We may change endpoint prices and pack pricing prospectively.
  Credits already purchased are honored at the credit amounts granted.
- **Taxes.** Prices exclude taxes; you are responsible for any applicable taxes.
- **Trial credits.** Any complimentary or trial credits may be modified or revoked
  at our discretion and are non-refundable.

## 4. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy ("AUP"), which is
incorporated by reference. Violation of the AUP is a breach of these Terms and may
result in suspension or termination without refund of credits.

## 5. Your content and data

You retain all rights to the data you submit to the Service ("Input") and the
results returned ("Output"). You grant us a limited license to process your Input
solely to provide the Service and return Output to you. We practice data
minimization: your Input is purged immediately after processing and Output is
retained only for a short retrieval window, as described in the Privacy Policy. You
represent that you have all rights necessary to submit your Input and that doing so
does not violate any law or third-party right.

## 6. Availability; beta

The Service is provided on an "as is" and "as available" basis. We do not currently
offer a uptime or support service-level agreement. Features may be experimental,
change, or be discontinued. We may perform maintenance or impose rate limits.

## 7. Intellectual property

We and our licensors own the Service, including its software, dashboard, and
branding. Except for the limited right to use the Service under these Terms, no
rights are granted to you. You may not copy, resell, or create derivative works of
the Service itself except as permitted by an applicable open-source license or
separate written agreement.

## 8. Suspension and termination

We may suspend or terminate your access if you breach these Terms or the AUP, fail
to pay, or create risk or legal exposure for us or others. You may stop using the
Service at any time. On termination, unused credits are forfeited except where a
refund is required by law. Sections that by their nature should survive (e.g.,
payment owed, disclaimers, limitation of liability, indemnity, governing law)
survive termination.

## 9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE OR COMPLETE. YOU ARE
RESPONSIBLE FOR VALIDATING OUTPUT BEFORE RELYING ON IT.

## 10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE
GREATER OF (A) THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT
GIVING RISE TO THE CLAIM, OR (B) USD $50.

## 11. Indemnification

You will indemnify and hold us harmless from claims, damages, and expenses
(including reasonable legal fees) arising from your Input, your use of the Service,
or your breach of these Terms or the AUP.

## 12. Changes to these Terms

We may update these Terms. Material changes will be posted at [WEBSITE_URL] with an
updated effective date. Your continued use after changes take effect constitutes
acceptance.

## 13. Governing law and disputes

These Terms are governed by the laws of the State of [STATE] and applicable U.S.
federal law, without regard to conflict-of-laws rules. The state and federal courts
located in [STATE] will have exclusive jurisdiction, and you consent to venue there.
[Optional: replace with an arbitration clause on advice of counsel.]

## 14. Miscellaneous

These Terms, the AUP, and the Privacy Policy are the entire agreement between us
regarding the Service. If any provision is unenforceable, the rest remains in
effect. You may not assign these Terms without our consent; we may assign them in
connection with a merger or sale. Our failure to enforce a provision is not a
waiver.

**Contact:** [CONTACT_EMAIL]