Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the websites, products and services provided by Gateway Futures Inc. (“Surface”, “we”, “us”). By accessing or using the services you agree to these Terms. If you are agreeing on behalf of an organisation, you represent that you have authority to bind it, and “you” means that organisation.

If you have a separate written agreement with us covering the services, that agreement governs and prevails over these Terms where the two conflict.

The services

We provide a platform for tracing, evaluating and governing AI agents, including simulated environments in which agents can be run and measured. We may change, add to or discontinue features. Where a change materially reduces functionality you are paying for, we will give reasonable notice.

Accounts

You need an account to use most of the services. You are responsible for the accuracy of your account information, for keeping credentials confidential, and for activity under your account. Tell us promptly at privacy@surfacearea.ai if you believe an account has been compromised.

Acceptable use

You agree not to:

• Break the law, or infringe anyone’s rights, using the services.
• Probe, scan or test the security of the services, or interfere with their operation, except with our written permission.
• Reverse engineer the services, or access them to build a competing product.
• Resell or provide the services to third parties except as expressly permitted.
• Upload malware, or content you have no right to upload.

Your content

You keep all rights in the traces, sessions, evaluation data and other content you send to the services (“Your Content”). You grant us a licence to host, process and transmit Your Content solely to provide and support the services, and to comply with the law.

You are responsible for Your Content and for having the rights and, where required, the consents to send it to us. Our handling of personal information within Your Content is described in our Privacy Policy and, where one applies, in a data processing addendum between us.

Our intellectual property

We and our licensors own the services, including all software, documentation and branding. Except for the rights expressly granted here, nothing transfers ownership to you. Feedback you give us about the services may be used without obligation or attribution.

Fees

Paid plans are billed as set out in your order or plan description. Fees are exclusive of taxes, which you are responsible for. Unless a written agreement says otherwise, fees are non-refundable, and we may suspend services for non-payment after reasonable notice.

Confidentiality

Each of us may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each of us will protect the other’s confidential information with at least reasonable care and use it only for the purposes of these Terms, excluding information that is public, already known, independently developed, or required to be disclosed by law.

Disclaimers

The services are provided “as is”. To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the services will be uninterrupted or error-free.

The services produce evaluations and measurements of AI systems. They are an aid to your own judgement, not a guarantee about how any system will behave in production, and you remain responsible for decisions you make using them.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability arising out of these Terms is limited to the amounts you paid us for the services in the twelve months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law.

Indemnity

You will defend and indemnify us against third-party claims arising from Your Content or from your use of the services in breach of these Terms.

Term and termination

These Terms apply while you use the services. Either party may terminate for material breach that is not cured within thirty days of notice. You may stop using the services at any time. On termination your right to use the services ends; we will make Your Content available for export for a reasonable period, after which we may delete it.

Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and the courts of San Francisco County, California have exclusive jurisdiction.

Changes

We may update these Terms. Material changes will be announced on this page and the effective date above will change. Continuing to use the services after a change means you accept the updated Terms.

Contact us

Gateway Futures Inc.
399 Fremont Street, San Francisco, CA 94105
privacy@surfacearea.ai