Terms of Use

Last updated: September 24, 2026

The websites located at infragate.ai, infragate.co, sharecube.io, and capa.sh, together with their subdomains (collectively, the “Site”), are copyrighted works belonging to Infragate, LLC (“Company”, “us”, “our”, and “we”). The Site and the services offered through it (collectively, the “Services”) include:

ShareCube, at sharecube.io and app.sharecube.io;
Lanyard, at lanyard.infragate.ai and its project subdomains;
Cairn, at cairn.infragate.ai and cairn.infragate.co; and
Capa, comprising the command-line tool distributed from capa.sh, the hosted authentication relay at capa.infragate.ai, and the Capa Registry.

Section 4 sets out terms that apply to particular Services in addition to everything else in these Terms. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 10.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 10.2 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Accounts

1.1 Account Creation

In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that:

(a) all required registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information.

You may delete your Account at any time, for any reason, from the Security page of your account settings. Your personal organization must be the only one you belong to, so leave or delete any other organization first. If you own an organization, you must either delete it or transfer ownership and leave. Deletion is immediate and cannot be undone. If your Account is administered by your organization through single sign-on, it is that organization’s to remove, and you should ask an administrator there. What survives deletion, and for how long, is described in the Privacy Policy. Company may suspend or terminate your Account in accordance with Section 9.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Waitlist and Lead Forms

The Site may let you join a waitlist, request early access, or otherwise submit your contact details through a form. When you submit information (such as your email address, name, and company) through any such form, you represent that the information is accurate and that you are authorized to provide it. By submitting the form, you agree to these Terms and acknowledge that your information will be handled in accordance with our Privacy Policy. We will use your details to contact you about the product or program you registered for, and nothing else. Joining a waitlist does not subscribe you to a mailing list. You may ask us to remove your details at any time.

2. Access to the Site

2.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and the Services for your own internal business or personal purposes. This license does not permit you to resell the Services or to make them available to third parties as a service of your own.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or competitive website, product, or service; and
(d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Some components of the Services, including parts of the Capa command-line tool, are distributed under their own open-source licences. Where a component is distributed under an open-source licence, that licence governs your use of that component and prevails over this Section 2 and over Section 2.5 to the extent of any conflict. Nothing in these Terms is intended to restrict a right granted to you by such a licence.

Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.3 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 Support and Maintenance

Paid subscriptions include email support at support@infragate.co, provided on a reasonable-efforts basis. Company does not commit to a response time, a service level, or an uptime target unless one is set out in a separate order form or written agreement. For free plans, you acknowledge and agree that Company has no obligation to provide support or maintenance.

2.5 Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Feedback

If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3. Subscriptions and Billing

3.1 Plans

Some features of the Services require a paid subscription. Current plans, prices, and what each includes are published on the Site. Company may change prices for future billing periods; a price change does not affect a period you have already paid for.

3.2 Payment

Subscriptions are billed in advance through our payment processor, Stripe, for the interval you select (monthly or annual). By subscribing, you authorize us to charge your payment method for that subscription, including at each renewal, until you cancel. Card details are provided to Stripe and are not stored by Company.

3.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period at the then-current price for your plan, unless cancelled before the period ends.

Currency. Prices are set and charged in US dollars. Taxes are additional where applicable. Your bank or card issuer may convert the charge into your own currency and may add its own fee for doing so; that conversion is between you and them, and Company neither sets nor receives it.

3.4 Seats

Seat-based plans are billed on the number of seats assigned in each product. A seat gives one member of your organization access to one product; membership in an organization does not by itself occupy a seat. Seats are assigned by an administrator of your organization, or automatically where an administrator has set that up, for example for new users signing in through your organization’s single sign-on. We do not otherwise assign a billed seat. Where a plan limits the number of seats, members beyond the limit remain in the organization without one. Assigning a seat during a billing period increases the billed quantity immediately, prorated for the remainder of that period. Releasing a seat or removing a member does not reduce the amount payable for the period in progress; the reduced quantity applies from the next renewal. Re-assigning a seat within the same period incurs no additional charge. The minimum billed quantity is one seat.

3.5 Changes to a Subscription

Changing plan or billing interval takes effect immediately, and any difference is invoiced or credited at the time of the change.

3.6 Cancellation

You may cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for; your subscription continues until then, and amounts already charged for that period are not refunded. Any seat changes made before the period ends are still reflected on the final invoice. Where a right to cancel or a refund is required by law that cannot be waived, that right applies regardless of this section.

3.7 Non-payment

If a payment fails, we may retry it and may suspend or downgrade paid features while the subscription is not in good standing. We will not delete your content because a payment failed.

3.8 Credits and Automatic Top-Up

Some features are paid for with prepaid credits rather than, or in addition to, a subscription. Credits are purchased by and held against your organization. They are not transferable between organizations and are not exchangeable for cash.

Automatic top-up. If an administrator of your organization enables automatic top-up, you authorize Company to charge the payment method saved on your organization automatically, without further action by you or any further notice, each time the credit balance falls below the threshold that has been set. Each such charge is for the top-up amount configured for your organization, which must be between US$5 and US$1,000. You may also set a maximum total amount to be charged automatically in any calendar month.

An administrator can change the threshold and the top-up amount, or switch automatic top-up off entirely, at any time in the organization’s billing settings. Switching it off stops further automatic charges but does not reverse a charge already made.

Expiry and refunds. Credits do not expire for as long as your organization exists. Unused credits are not refundable and are not refunded on cancellation, downgrade, or deletion of the organization, except where a refund is required by law that cannot be waived.

4. Your Content, Acceptable Use, and Service-Specific Terms

4.1 Your Content

The Services let you and your agents create, upload, and store documents and other material (“Your Content”). As between you and Company, you retain all rights in Your Content. You grant Company a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and, solely to operate and provide the Services, to process, index, analyse, and create derivatives of Your Content, such as full-text search indexes, concept graphs, link previews, and summaries. This licence extends to the people you share Your Content with and, for anything you publish under Section 4.2, to anyone who obtains the link.

This licence ends when you delete Your Content, except that previous versions may persist for up to 90 days and backup copies for up to 35 days.

You are responsible for Your Content and for having the rights necessary to provide it to us.

The Services allow you to make an item readable by anyone holding a link, without signing in. If you create such a link, you are choosing to publish that content. Publicly shared content may be accessed by anyone who obtains the link and may be indexed by search engines. Do not place confidential or personal information in content you share publicly.

4.3 Acceptable Use

You agree not to use the Services to create, store, or share content that:

(a) impersonates any person or organization, or is designed to deceive people into disclosing credentials, payment details, or other sensitive information;
(b) contains malware, or is used to distribute or facilitate malicious code;
(c) infringes the intellectual property, privacy, or other rights of others;
(d) is unlawful, or depicts the sexual exploitation or abuse of children;
(e) harasses, threatens, or incites violence against any person or group; or
(f) is sent or published as bulk unsolicited messaging; or
(g) is published to the Capa Registry under a name intended to be mistaken for another package or publisher, or which installs or executes code that a reasonable user of that package would not expect.

You also agree not to use the Services in a way that interferes with their operation or with other users, or that attempts to circumvent usage limits or access controls.

4.4 Reporting and Removal

If you believe content hosted on the Services breaches Section 4.3 or infringes your rights, report it to privacy@infragate.co with a link to the content and a description of the problem. Company may remove or disable access to content, and may suspend an account, where Company reasonably believes it breaches these Terms or applicable law, or where required to protect the Services or their users. Where practical and lawful, Company will notify the account owner.

4.5 Copyright Complaints

Company responds to notices of alleged copyright infringement concerning content hosted on the Services.

To report infringement, send a written notice to privacy@infragate.co with “Copyright” in the subject line, or by post to the address in Section 10.8, including:

(a) your physical or electronic signature;
(b) identification of the copyrighted work you say has been infringed;
(c) identification of the material you say is infringing, with enough detail, normally the URL, for us to locate it;
(d) your name, address, telephone number, and email address;
(e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

A notice that omits these elements may not be actionable. Knowingly making a material misrepresentation in a notice may expose you to liability for damages.

Counter-notice. If your content was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the same address containing: your signature; identification of the removed material and where it appeared; a statement, under penalty of perjury, that you have a good faith belief it was removed as a result of mistake or misidentification; and your name, address, and telephone number, together with your consent to the jurisdiction of the federal court for the district in which you live (or, if you are outside the United States, the District of Delaware) and your agreement to accept service of process from the party who sent the original notice. We may restore the material 10 to 14 business days after forwarding your counter-notice, unless the original complainant notifies us that they have filed an action seeking a court order.

Repeat infringers. Company will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers.

4.6 Lanyard: Connected Accounts and Agent Actions

Lanyard connects agents acting on your behalf to third-party services you choose.

You authorize Company to use the accounts you connect. By connecting a third-party account to Lanyard, you authorize Company to store the resulting credentials and to use them to make calls to that service at the direction of agents acting under your API keys. You represent that you are entitled to grant that authorization for each account you connect.

You are responsible for what your agents do. You are responsible for every call made with your API keys and connected credentials, and for its effects on the connected service, including writes, deletions, messages sent, and money spent. That responsibility applies whether the call was intended by you, produced by a misbehaving or misconfigured agent, or induced by prompt injection or other untrusted input reaching your agent. Company does not review, approve, or filter the calls your agents make.

Upstream services are not ours. Each service you connect is operated by a third party under its own terms. You must comply with those terms. Company makes no representation about the availability, accuracy, security, or behaviour of any upstream service, and is not responsible for what it does with the data your agents send it. Disconnecting an integration in Lanyard removes our stored credential but does not revoke your authorization at the provider; to revoke it fully, do so in the provider’s own settings.

Usage limits. Plans carry limits on seats, projects, connected servers, call volume, and request rates. Calls beyond your quota may be rejected, and resources exceeding your plan’s limits may be paused, until the quota resets or the plan is upgraded.

4.7 Cairn: Telemetry You Send Us

Cairn stores and analyses the telemetry you send it. What it receives is entirely under your control, through the configuration of your own agents.

You must have a lawful basis. Where the telemetry you send includes personal data, including the prompts, responses, and commands of your own staff or users, you are the controller of that data and Company acts as your processor. You are responsible for having a lawful basis for that processing and for giving whatever notice the law requires to the people concerned, including where you use Cairn’s per-person reporting to review how members of your team work.

Do not send certain categories of data. You must not send Cairn secrets or access credentials, payment card data, protected health information, government identifiers, or special-category personal data. Cairn screens attributes for personal data on a best-efforts basis before storing them; that screening is not a guarantee, does not detect secrets, and can be switched off by an administrator of your organization.

4.8 Capa: Third-Party Capabilities and Registry Content

Third-party code runs on your machine. Capa installs and executes skills, hooks, MCP servers, plugins, and other capabilities from GitHub, GitLab, registries, and URLs that you choose. That code runs on your own machine with your own permissions. Company does not review, vet, endorse, or warrant any of it, and is not responsible for what it does. Section 6.1 applies to it, and you should install only what you trust.

Publishing to the Capa Registry. If you publish content to the Capa Registry, you grant Company and users of the Registry a worldwide, non-exclusive, royalty-free licence to reproduce, distribute, and display that content publicly for as long as it remains published, including through mirrors and third-party marketplace catalogs. You represent that you have the rights to grant that licence. Company may remove or disable a package under Section 4.4, and content that has been distributed publicly may persist in copies outside our control.

4.9 Data Protection

Where you use the Services inside an organization and we process personal data on that organization’s behalf, the organization is the controller and we are its processor. Our Data Processing Agreement governs that processing. It incorporates the EU Standard Contractual Clauses and the UK Addendum for transfers out of the EEA, the United Kingdom and Switzerland, and the terms US state privacy laws require of a service provider.

You do not need to request it or sign it. By accepting these Terms you enter into the Data Processing Agreement, including those clauses, with effect from the date of acceptance. If your procurement process needs a countersigned copy, email privacy@infragate.co.

5. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:

(a) your use of the Site,
(b) your violation of these Terms,
(c) your violation of applicable laws or regulations,
(d) Your Content, or any content you publish to the Capa Registry,
(e) any call made through Lanyard using your API keys or connected credentials, and its effects on any third-party service, or
(f) telemetry you send to Cairn, including any claim by a person whose personal data it contained.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. Third-Party Links; Other Users

6.1 Third-Party Links

The Site may contain links to third-party websites and services (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

6.2 Other Users

Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

6.3 Release

You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

7. Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 3 through 8.

10. General

10.1 Changes

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution

Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.

10.2.1 Applicability of Arbitration Agreement

You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the services offered on the Site (the “Services”) or these Terms will be resolved by binding arbitration, rather than in court, except that:

(1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and
(2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.

10.2.2 Informal Dispute Resolution

There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: privacy@infragate.co, or by regular mail to 1207 Delaware Ave, Suite 679, Wilmington, Delaware 19806. The Notice must include:

(1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one);
(2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and
(3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

10.2.3 Arbitration Rules and Forum

These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include:

(1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account;
(2) a statement of the legal claims being asserted and the factual bases of those claims;
(3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars;
(4) a statement certifying completion of the Informal Dispute Resolution process as described above; and
(5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that:

(1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;
(2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and
(3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 10.2.8 is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

10.2.4 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following:

(1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator;
(2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator;
(3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and
(4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.

The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

10.2.5 Waiver of Jury Trial

EXCEPT AS SPECIFIED IN SECTION 10.2.1 YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 10.2.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

10.2.6 Waiver of Class or Other Non-Individualized Relief

YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 10.2.8 EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Subsection 10.2.8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.

10.2.7 Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

10.2.8 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall:

(1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests);
(2) appoint one arbitrator for each batch; and
(3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include:

(1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and
(2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

10.2.9 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 1207 Delaware Ave, Suite 679, Wilmington, Delaware 19806, or email to privacy@infragate.co, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

10.2.10 Invalidity, Expiration

Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

10.2.11 Modification

Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company at the following address: 1207 Delaware Ave, Suite 679, Wilmington, Delaware 19806, or email to privacy@infragate.co. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

10.3 Export

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4 Disclosures

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.5 Electronic Communications

The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you:

(a) consent to receive communications from Company in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

The foregoing does not affect your non-waivable rights.

10.6 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.7 Copyright/Trademark Information

Copyright © 2026 Infragate, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.8 Contact Information

Address:
1207 Delaware Ave
Suite 679
Wilmington, Delaware 19806

Telephone:
+1 (302) 600-0718

10.9 Governing Law

These Terms, and any dispute or claim arising out of or in connection with them or with the Services, are governed by the laws of the State of Delaware and the federal laws of the United States applicable in it, without giving effect to any conflict-of-laws principle that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

This Section does not displace the Data Processing Agreement. Where our Data Processing Agreement applies, the Standard Contractual Clauses and the UK Addendum it incorporates specify their own governing law and forum, and those prevail over this Section and over Section 10.2 to the extent of any conflict. Nothing in these Terms, including the Arbitration Agreement and the class action waiver in Section 10.2, limits or waives any right those clauses give a data subject, including the right to bring proceedings before the courts of the country in which they habitually reside.

Nothing in this Section deprives you of the protection of any provision of the law of your country of habitual residence that cannot be derogated from by agreement.

Email:
contact@infragate.co