These Terms set out the rules for using Gatekept, what you can expect from us, and what we expect from you. They apply to everyone, whether you browse, buy or sell.
1.This agreement
These Terms of Service (the “Terms”) are a binding agreement between you and Gatekept(“Gatekept”, “we”, “us”) and govern your use of the Gatekept websites, apps and services (the “Platform”). By creating an account, buying, selling, tipping or otherwise using the Platform, including without an account, you agree to these Terms.
The following also form part of these Terms and apply to you where relevant:
- Community Guidelines, which apply to everyone;
- Privacy Policy, which explains how we handle personal data;
- Seller Agreement, which applies when you sell;
- Refund Policy and Copyright Policy.
2.Eligibility
- You must be at least 16 to create an account or use the Platform.
- If you are under 18, you confirm that a parent or legal guardian has reviewed these Terms and agreed to them on your behalf, and that any purchase you make is made with their permission. They are responsible for your use of the Platform.
- You must be at least 18 (or the age of majority where you live, if higher) to sell, receive payouts, join the referral programme, or view, buy or sell adult content.
- You must not be barred from using the Platform under applicable law, including sanctions laws, and must not have had an account disabled by us unless we have reinstated it.
If you use the Platform for a business, you confirm you are authorized to bind that business to these Terms.
3.Your account
- Provide accurate information and keep it up to date, including an email address you check.
- Keep your login details secret. You are responsible for everything done through your account.
- Tell us immediately at on@gateke.pt if you believe your account has been accessed without permission.
- You may hold more than one account. Each one is yours alone and must follow these Terms. Accounts created to evade a restriction or a disabled account will be disabled.
- If you authorize an agency to act for you, you remain responsible for what it does within the permissions you gave it.
Usernames are not owned. We may reclaim a username that impersonates someone, infringes a trademark, or is inactive.
4.Your content and the licence you give us
You keep ownership of everything you upload, post or sell (“Your Content”). You are responsible for Your Content and confirm that you own it or have every right needed to upload it and, if you sell it, to sell it on the terms you offer.
You grant Gatekept a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display, distribute and promote Your Content, and to make technical adaptations such as resizing, transcoding, generating previews and applying watermarks, for the purpose of operating, improving and promoting the Platform. This licence lets us show your work in search, recommendations, previews and marketing for the Platform.
The licence ends when you delete the content or your account, except: copies held in backups for a limited time; copies we must keep for legal, safety or dispute reasons; and copies already delivered to buyers, who keep the access they paid for.
Files and media delivered through the Platform may carry visible or invisible watermarks identifying the account that received them, so that leaks can be traced.
If you send us feedback or suggestions, we may use them without obligation to you. The Gatekept name, logo, design and software belong to us; you may not copy, scrape, or reverse-engineer them without our written permission.
5.Buying on Gatekept
When you buy something, you are buying it from the creator who listed it. Gatekept provides the marketplace and processes the payment, but is not the seller and does not make or own the product, except where we tell you otherwise. The creator is responsible for the product and its description.
What you get
Unless the creator states different terms on the listing, a purchase gives you a personal, non-exclusive, non-transferable licence to use the product for your own non-commercial purposes. You may not resell, share, re-upload or redistribute it. Some products are view-only and can be accessed only on the Platform.
Types of purchase
- Digital products are delivered to your library immediately after payment.
- Commissions are custom work made after you order. When you order, an amount equal to the total is held on your card; it is only charged when you approve the delivery. The creator's turnaround starts once you submit their questions. If the order is cancelled before you approve it, the hold is released.
- Auctions: a bid is a binding offer to buy at that price. If you win, the card you saved when bidding is charged the winning price plus fees (and any shipping) shortly after the auction closes.
- Subscriptions and plans renew automatically each period until you cancel. Cancelling stops the next renewal; you keep access until the end of the period already paid for.
- Tips are voluntary gifts to a creator and are not payment for any product.
6.Prices, fees and payment
- Creators set their own prices and receive 100% of the price they set.
- Buyers pay a service fee on top of the price: currently 10% of the price (minimum 50¢) plus a processing fee that covers card processing costs. Free products carry no fee. The full total is always shown before you pay.
- Prices are shown in US dollars unless stated otherwise. Your bank may charge its own currency conversion fees.
- Sales taxes or VAT are added where we are required to collect them.
- Payments are processed by Stripe and are subject to Stripe's terms. We do not store your full card number.
We may change our fees for future purchases. Changes never apply to a purchase already made.
7.Refunds and chargebacks
Refunds are decided by the creator in most cases, under our Refund Policy. A refund returns the product price; the service fee is not refunded because the payment processing and service have already been provided. We may refund a purchase ourselves where the law requires it, where a creator cannot be reached, or in cases of fraud.
Please contact the creator, or us, before disputing a charge with your bank. Refunded or charged-back purchases are removed from your library. Filing chargebacks for purchases you received and used is a violation of the Community Guidelines. Nothing in these Terms limits refund rights you have under the consumer laws of the place where you live.
8.Selling on Gatekept
To sell, you must be at least 18, complete payout setup and identity checks with our payment provider, and accept the Seller Agreement, which sets out payouts, holds, refunds, taxes and the rules for each product type. If the Seller Agreement and these Terms conflict on a selling matter, the Seller Agreement applies.
9.Referral programme
If you are enrolled in referrals, you earn a commission on purchases made by people you bring to Gatekept.
- The rate is 10% of the purchase price unless we agree a different rate with you in writing. It is paid out of our service fee, never out of the creator's price.
- You do not earn on your own products or your own purchases.
- Commission becomes payable with your normal balance after the same 14-day holding period as other earnings, and is reversed if the purchase is refunded or charged back.
- Self-referral, fake accounts, spam and paid clicks are prohibited. We may reverse commission earned that way and remove you from the programme.
- We may change the rate or end the programme for future sales. Commission you have already earned is unaffected.
10.In-person marketplace listings
Marketplace item listings are for physical goods sold locally and paid for in person. Gatekept is not a party to those sales, does not handle the payment, and provides no purchase protection, guarantee or refund for them. The in-person selling rules in the Community Guidelines apply.
11.Messages and moderation
Direct messages are private from other users but are not end-to-end encrypted and are not private from Gatekept. By using messaging you agree that:
- Messages are scanned automatically when sent, to detect scams, threats, off-platform payment requests and content that endangers minors. Some messages may be blocked.
- Reported or flagged messages may be reviewed by our moderation team.
- We report child sexual abuse material to NCMEC and respond to valid legal process.
We may, but are not obliged to, review, remove or restrict any content or account. How we do this is set out in the Community Guidelines.
12.Prohibited conduct
In addition to the Community Guidelines, you must not:
- Break any law, or help anyone else do so, through the Platform.
- Upload malware, or interfere with, overload or attempt to gain unauthorized access to the Platform or other accounts.
- Scrape, crawl or collect data from the Platform by automated means without our written permission.
- Avoid or attempt to avoid our fees by arranging payment outside the Platform for something found on it.
- Use the Platform to send unsolicited advertising.
- Misuse the reporting, review or appeal systems.
13.Enforcement, suspension and termination
If you breach these Terms or the Community Guidelines, we may remove content, issue strikes, restrict features, hold payouts, or disable your account, as described in the Community Guidelines. We will tell you what we decided and why, unless the law or the safety of others prevents it, and you may request a review as described there.
You may close your account at any time in Settings. We may close or suspend the Platform or your account for legal, security or operational reasons, giving you reasonable notice where we can.
When an account is closed, its public content is removed. Buyers keep access to products they already bought where possible. Amounts owed to a seller are handled under the Seller Agreement. Sections 4, 7, 16 to 20 and any other terms that by their nature should survive will continue to apply.
14.Copyright complaints
We respond to notices of alleged copyright infringement and disable the accounts of repeat infringers, as described in our Copyright Policy.
15.Third-party services and links
The Platform relies on and links to services we do not control, such as payment processors, identity verification providers and external websites linked from profiles. Their terms and privacy policies apply to your use of them, and we are not responsible for them.
16.Disclaimers
17.Limitation of liability
Some jurisdictions do not allow certain of these limitations, so they apply to you only to the extent permitted by the law that applies to you. Nothing in these Terms limits liability for fraud, gross negligence, or anything else that cannot lawfully be limited.
18.Indemnity
To the extent permitted by law, you will defend, indemnify and hold harmless Gatekept and its owners, employees and contractors from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from Your Content, your products, your breach of these Terms or the law, or your dealings with other users.
19.Dispute resolution, arbitration and class-action waiver
Talk to us first
Before starting any claim, you agree to send us a written description of the dispute and what you want by email to on@gateke.pt, and to try in good faith to resolve it with us for 30 days. We will do the same before bringing a claim against you.
Binding individual arbitration
If the dispute is not resolved within 30 days, you and Gatekeptagree that any dispute, claim or controversy arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules for disputes with sellers acting as a business). The Federal Arbitration Act governs this section. The arbitrator decides all issues, including whether a dispute must be arbitrated, except as stated below. The arbitration may be conducted by video or in writing, or in person in the county where you live. Fees are paid as set out in the AAA rules, and we will pay any filing fee above what you would pay to start a case in court.
Exceptions
- Either party may bring an individual claim in small claims court if it qualifies.
- Either party may ask a court for an injunction to stop infringement or misuse of intellectual property, or unauthorized access to the Platform.
Opting out
You may opt out of this arbitration agreement by emailing on@gateke.ptwithin 30 days of first accepting these Terms, with the subject “Arbitration opt-out”, your username and the email on your account. Opting out does not affect any other part of these Terms.
Time limit
To the extent permitted by law, any claim must be started within one year after it arose, or it is permanently barred.
20.Governing law
These Terms and any dispute relating to them are governed by the laws of the state in which the operator of Gatekept is organized, and the federal laws of the United States, without regard to conflict-of-law rules. Where a dispute is not subject to arbitration, it will be heard in the state or federal courts of that state, and you and we consent to their jurisdiction, except where the law of the place you live gives you the right to bring proceedings there.
21.Changes to these Terms
We may update these Terms. We will post the new version with a new date, and for material changes we will notify you by email or in the app at least 14 days before they take effect, except where a change is required by law or addresses a safety or security issue. If you keep using the Platform after the changes take effect, you accept them. If you do not agree, you may close your account. Changes to section 19 do not apply to disputes already notified to the other party.
22.General
- These Terms, with the documents listed in section 1, are the entire agreement between you and us about the Platform.
- If any provision is found unenforceable, the rest remains in effect.
- Our failure to enforce a provision is not a waiver of it.
- You may not transfer your rights under these Terms. We may transfer ours as part of a merger, acquisition or sale of assets, or to an affiliate.
- We are not responsible for delays or failures caused by events beyond our reasonable control.
- Notices to you may be given by email to your account address or in the app. Notices to us must be sent as described in section 23.
- If these Terms are translated, the English version controls.
23.Contact
Gatekept. Questions and legal notices: on@gateke.pt.