Master Services Agreement
Commercial agreement between M6L LLC and subscribing business customers covering service delivery, confidentiality, data handling, and liability.
This Master Services Agreement ("Agreement" or "MSA") is entered into by and between M6L LLC ("Provider" or "M6L") and the business entity or organization subscribing to or using the Gated commercial services ("Customer"). This Agreement governs Customer's purchase and use of Gated subscriptions (including Builder, Business, and custom enterprise plans) and supplements the Terms of Service.
1. Scope of Services
1.1 Provision of Services. During the Subscription Term, M6L will provide Customer with access to the Gated pre-inference screening API, customer telemetry console, documentation, and Service Desk support in accordance with the subscription tier selected by Customer (Starter Trial, Builder at $19/month, Business at $49/month, or an applicable written Order Form).
1.2 Service Continuity (Fail-Open Design). Customer acknowledges that Gated is engineered to prioritize the uptime of Customer's downstream applications. If Customer exceeds its monthly screening quota or if an edge check experiences a transient interruption, the Service is designed to return an allow response (or allow Customer's integration snippet to fail open) so Customer's end users are not blocked from normal application functionality.
2. Data Processing, Ephemeral Screening & Confidentiality
2.1 Ephemeral Processing of Screening Inputs. M6L represents and warrants that text inputs submitted by Customer to the Gated screening endpoint (/v1/check and /shopify/proxy/check) are evaluated solely in volatile memory to return a screening verdict and are discarded immediately upon completion of the HTTP request. M6L does not write raw screening inputs to persistent storage, does not review raw prompts, and does not use Customer inputs to train or improve machine learning models.
2.2 Telemetry Metadata. M6L records operational metadata for each screening request limited to timestamps, character and token estimates, verdict classifications, matched rule identifiers, and one-way cryptographic hashes of end-user identifiers or IP addresses. Customer owns its account-specific telemetry reports and may request deletion at any time.
2.3 Confidentiality. Each party ("Receiving Party") agrees to hold in confidence all non-public technical, business, and security information disclosed by the other party ("Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Customer's API keys and application configurations are Customer Confidential Information; M6L's non-public classification rules, scoring thresholds, and pricing terms are M6L Confidential Information. The Receiving Party will use the same degree of care it uses to protect its own confidential information of like nature (and no less than reasonable care) and will not disclose Confidential Information to any third party except to authorized employees, contractors, or subprocessors bound by written confidentiality obligations.
3. Fees, Payment & Taxes
3.1 Subscription Fees. Customer will pay the subscription fees set forth on the Gated pricing page or applicable Order Form. Unless otherwise specified in an Order Form, subscriptions are billed monthly in advance by credit card or ACH via Stripe and are non-refundable except as expressly stated in this Agreement.
3.2 Plan Upgrades & Quota Reset. Customer may upgrade its subscription tier at any time through the Customer Console, at which point the higher monthly check allowance takes effect immediately.
3.3 Taxes. Fees are exclusive of any applicable sales, use, value-added, or withholding taxes. Customer is responsible for paying all applicable taxes associated with its purchases, excluding taxes based on M6L's net income.
4. Customer Responsibilities
Customer is responsible for: (a) maintaining the confidentiality of its Gated API keys and console credentials; (b) ensuring that its collection and submission of end-user requests to Gated complies with applicable privacy laws; and (c) implementing appropriate server-side authorization controls in its own applications (including validating signed gate tokens and securing downstream API keys, coupon generation, and order-management functions).
5. Representations, Warranties & Disclaimers
5.1 Mutual Authority. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
5.2 Service Warranty. M6L warrants that during a paid Subscription Term, the Services will perform materially in accordance with the published documentation at getgated.ai/docs, including the ephemeral non-storage of raw prompt inputs described in Section 2.1. For any breach of this warranty, Customer's exclusive remedy is for M6L to correct the non-conformity or, if M6L is unable to do so within thirty (30) days of written notice, for Customer to terminate the affected subscription and receive a pro-rata refund of prepaid, unused fees for the remainder of the current billing period.
5.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, THE SERVICES ARE PROVIDED "AS IS." BECAUSE ADVERSARIAL PROMPTS AND SOCIAL-ENGINEERING TECHNIQUES EVOLVE CONTINUOUSLY, M6L DOES NOT WARRANT THAT THE SERVICES WILL BLOCK EVERY MALICIOUS INPUT, PREVENT ALL DOWNSTREAM AI TOKEN EXPENDITURE, OR OPERATE WITHOUT FALSE POSITIVES OR FALSE NEGATIVES.
6. Mutual Indemnification
6.1 Indemnification by M6L. M6L will defend Customer against any third-party claim alleging that the Gated service, as provided by M6L and used in accordance with this Agreement, infringes a valid United States patent, copyright, or trademark, and will indemnify Customer for resulting damages and reasonable attorneys' fees finally awarded or agreed in settlement by M6L.
6.2 Indemnification by Customer. Customer will defend and indemnify M6L against any third-party claim arising from Customer's applications, products, or services, or Customer's breach of Section 4 of the Terms of Service (Acceptable Use).
7. Limitation of Liability
7.1 Exclusion of Consequential Damages. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, DOWNSTREAM AI MODEL BILLING CHARGES, OR UNAUTHORIZED MERCHANDISE DISCOUNTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 Liability Cap. EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO M6L UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST INCIDENT GIVING RISE TO LIABILITY (OR ONE HUNDRED U.S. DOLLARS ($100.00) FOR STARTER TRIAL CUSTOMERS).
8. Term, Termination & Survival
8.1 Term. This Agreement commences on the date Customer first registers an account or executes an Order Form and continues until all subscriptions hereunder have expired or been terminated. Monthly subscriptions renew automatically on a month-to-month basis until canceled by either party prior to the next billing cycle.
8.2 Termination for Cause. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice.
8.3 Survival. Sections 2.3 (Confidentiality), 3 (Fees accrued prior to termination), 5.3 (Disclaimer), 6 (Indemnification), 7 (Limitation of Liability), and 9 (General Provisions) survive any termination or expiration of this Agreement.
9. General Provisions
This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between M6L LLC and Customer regarding the Services and supersedes all prior understandings. Any notices to M6L LLC under this Agreement must be sent to legal@m6l.ai.