Terms of Service

These Terms of Service ("Terms") govern your access to and use of ModGate, including modgate.io, app.modgate.io, api.modgate.io, and related services (collectively, the "Service"), operated by Arty Fishall LLC, d/b/a ModGate ("ModGate," "we," "us"). By creating an account or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

ModGate provides OAuth 2.1 authentication, agent identity management, and audit logging infrastructure that sits in front of MCP (Model Context Protocol) servers you operate or control. You remain responsible for hosting, operating, and maintaining your own MCP server(s). ModGate does not host or operate your MCP server infrastructure unless you have a separate written agreement with us for that service.

You must provide accurate information when creating an account and keep your credentials secure. You are responsible for all activity that occurs under your account, including actions taken by agents, integrations, or team members you authorize. Notify us promptly at [email protected] if you suspect unauthorized access to your account.

ModGate offers Free, Pro, Team, and Enterprise plans, each with a monthly agent authentication limit as described on our Pricing page. Paid plans are billed monthly in advance through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel.

If you exceed your plan's authentication limit, overage charges apply as described on the Pricing page for Pro and Team plans. We do not interrupt your traffic for exceeding a limit — you will be notified and billed for the overage. Enterprise plans are priced separately under a custom agreement.

You may cancel your subscription at any time through the customer billing portal in your dashboard. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial billing periods except where required by law.

You agree not to use the Service to:

• Violate any applicable law or regulation
• Circumvent, disable, or interfere with the authentication or security mechanisms of the Service
• Access or attempt to access another customer's data, agents, or configuration without authorization
• Transmit malware, conduct denial-of-service attacks, or otherwise disrupt the Service's infrastructure
• Resell or sublicense the Service without our prior written consent
• Use the Service to process data you do not have the legal right to process

We may suspend or terminate accounts that violate this section, with notice where practicable.

You retain ownership of the configuration data, agent definitions, and audit logs associated with your account ("Your Data"). You grant ModGate a limited license to process Your Data solely to provide the Service. Our handling of personal data is described in our Privacy Policy.

You are solely responsible for ensuring that your use of the Service, including any data your MCP servers process or expose to AI agents, complies with applicable law.

We work to keep the Service reliable but do not currently offer a formal Service Level Agreement (SLA) on Free, Pro, or Team plans. The Service is provided on an "as available" basis. Enterprise plans may include a separately negotiated SLA. We are not liable for downtime caused by factors outside our reasonable control, including outages of third-party infrastructure providers (Cloudflare, Stripe, Clerk, Vercel) that ModGate depends on.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODGATE AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold ModGate harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.

You may stop using the Service and cancel your account at any time. We may suspend or terminate your access if you violate these Terms, fail to pay applicable fees, or if required to comply with applicable law. Upon termination, your right to use the Service ends immediately; provisions of these Terms that by their nature should survive termination will survive, including Sections 8, 9, and 10.

We may update these Terms from time to time. Material changes will be communicated via email or a notice on this page before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

Questions about these Terms: [email protected]

Arty Fishall LLC, d/b/a ModGate · 139 W 67th Street, Jacksonville, FL 32208