Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and DIG Strategic LLC, which operates GateCurate ("GateCurate," "DIG," "we," "us," or "our"; a Davis Infinity Group LLC company), governing your access to and use of gatecurate.com, the GateCurate intake intelligence platform, The Briefing newsletter, and any related products or services we offer (collectively, the "Services").

By accessing or using the Services, you accept and agree to be bound by these Terms. If you do not agree, you must not access or use the Services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

⚠️ BINDING ARBITRATION AND CLASS-ACTION WAIVER. Section 23 of these Terms contains a binding individual arbitration provision and a class-action waiver. Please read it carefully — it affects how disputes between you and GateCurate are resolved.

1. Acceptance and Eligibility

You may use the Services only if you can form a binding contract with GateCurate, are not barred from receiving services under U.S. or other applicable law, and are at least eighteen (18) years of age. The Services are intended for business and professional use by operators, agencies, and small teams.

2. About Us

The Services are provided by:

DIG Strategic LLC (operator of GateCurate; a Davis Infinity Group LLC company)
1401 21st Street, #14403
Sacramento, CA 95811
United States
Email: legal@gatecurate.com

3. Account Registration

To access certain features of the Services, you may be required to register an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated;
• Maintain the security and confidentiality of your account credentials;
• Promptly notify us of any unauthorized access or suspected security breach;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to refuse registration, suspend accounts, or cancel accounts at our sole discretion, including for violation of these Terms.

4. Subscription Plans and Tiers

GateCurate offers the following standard subscription tiers (all prices in U.S. Dollars):

• Signal — $149/month. One (1) seat. Forty (40) scored inquiries per monthly billing cycle. Unlimited configured intake forms. Community support. Intended for the operator building the operation.
• Operator — $399/month. Up to three (3) seats. Two hundred fifty (250) scored inquiries per monthly billing cycle. Unlimited configured intake forms. Twenty-four-hour asynchronous support response target. Intended for the operator who is the operation.
• Team — $799/month. Seven (7) seats included; additional seats available at $149/month each, up to ten (10) seats total. Unlimited scored inquiries. Unlimited configured intake forms. Eight-hour priority asynchronous support response target. Includes one (1) onboarding consultation for multi-seat setup. Intended for teams where the operator is no longer the operation. Accounts requiring more than ten (10) seats should contact us through the contact page.

4.1 Monthly Inquiry Allotments

Signal and Operator subscriptions include the scored-inquiry allotments stated above per monthly billing cycle. Every inquiry submitted through your intake forms is always accepted and stored in full — including contact details, timestamps, and form responses — regardless of allotment status. If your account exceeds its monthly allotment, inquiries received past the allotment are captured in full but are not scored or sorted until your next billing cycle begins or you upgrade to a tier with a higher allotment, at which point pending inquiries are scored. Exceeding your allotment never results in additional charges.

GateCurate may, at its sole discretion, extend a courtesy burst allowance to accounts exceeding their monthly inquiry allotment. Courtesy bursts are not guaranteed and are granted on a case-by-case basis.

Pricing, seat limits, inquiry allotments, included features, and support response targets are subject to change with reasonable notice. Existing subscribers within an active billing cycle will not see mid-cycle price changes; any price adjustment takes effect on the renewal following at least thirty (30) days' written notice.

5. Founding Cohort Programs (Closed)

GateCurate previously operated two founding cohort programs — the Founding Architect Beta cohort and the Founding Member pre-launch cohort. Both closed on August 2, 2026 and neither reopens.

Program status: No participant converted to a paid subscription under either program. No conversion discount, price-lock, badge, or cohort-identity benefit is outstanding, and DIG Strategic LLC carries no continuing obligation under either program. All subscribers pay the rates published in Section 4.

Confidentiality obligations assumed by participants who received pre-release or evaluation access during the Beta period survive the close of the program as set out in Section 12. Our handling of information collected during these programs is described in our Privacy Policy.

6. Payment Terms

6.1 Billing and Auto-Renewal

Paid subscriptions are billed monthly in advance unless otherwise specified at the point of purchase. Subscriptions automatically renew at the end of each billing cycle at the then-applicable rate, unless cancelled before the renewal date through your account settings or by emailing legal@gatecurate.com.

6.2 Payment Processing

All payments are processed by Stripe, Inc. Stripe processes payments under a GateCurate-branded merchant account held by our parent, Davis Infinity Group LLC, which acts as the billing entity on behalf of DIG Strategic LLC; charges and receipts will identify GateCurate. By providing payment information, you authorize us, through Stripe, to charge your selected payment method for all applicable fees. You represent that you have the legal right to use the payment method you provide and that all information you supply is true and accurate.

6.3 Refunds

All sales are final. Subscription fees are non-refundable except where expressly required by applicable law. If you cancel mid-cycle, you will retain access to the Services until the end of the current billing period; no prorated refund is issued. We may, in our sole discretion, offer refunds or credits for billing errors, service outages, or other circumstances; such accommodations are not precedent for future cases.

6.4 Failed Payments

If a payment fails, we will attempt re-authorization in accordance with industry-standard retry schedules. You are responsible for ensuring your payment method remains valid. Continued payment failure may result in subscription suspension or termination.

6.5 Taxes

Listed prices are exclusive of applicable taxes. You are responsible for all sales, use, value-added, withholding, or similar taxes arising from your subscription, except taxes based on our net income.

6.6 Promotional Codes and Discounts

Promotional codes and discounts are applied per the terms displayed at the point of redemption. Discounts are non-transferable and have no cash value. We reserve the right to modify or discontinue promotional offers at any time without notice. The cohort-specific discounts described in Section 5 are retired; no cohort discount is available for redemption and none is outstanding.

7. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right;
• Engage in unlawful, fraudulent, deceptive, or misleading activity;
• Upload, transmit, or distribute viruses, malware, ransomware, or any other malicious code;
• Interfere with, disrupt, or compromise the security, integrity, or performance of the Services or any associated infrastructure;
• Attempt to gain unauthorized access to the Services, other users' accounts, or any related systems;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services, except to the extent expressly permitted by applicable law;
• Resell, sublicense, lease, rent, or distribute access to the Services without our prior written consent;
• Scrape, crawl, harvest, or index the Services or any data therein using automated means without our prior written consent (excluding standard search engine crawlers indexing publicly accessible content);
• Use the Services to harass, threaten, defame, or harm any other person or entity;
• Submit content that infringes intellectual property rights, violates privacy rights, or otherwise violates these Terms;
• Misrepresent your identity or affiliation with any person or entity;
• Use the Services to send unsolicited bulk communications (spam) to third parties;
• Process personal data through the Services without lawful basis under applicable data-protection law.

We reserve the right to investigate and take appropriate action against any violation, including suspending or terminating accounts, reporting violations to law-enforcement authorities, and pursuing legal remedies.

8. User Content

"User Content" means any text, data, files, configurations, intake responses, feedback, or other materials you submit to or through the Services.

8.1 Ownership

You retain ownership of your User Content. We claim no proprietary rights to User Content other than the license granted below.

8.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, copy, transmit, display, modify (only as necessary for technical operation), and use the User Content solely for the purpose of providing, maintaining, and improving the Services for you and, where applicable, your end-users. This license terminates when you delete the User Content from the Services, except: (a) to the extent retention is required by law; (b) for backup and audit copies; and (c) for aggregated and de-identified data, which we may retain indefinitely.

8.3 Representations

You represent and warrant that you have all necessary rights to submit your User Content and to grant the licenses described above, that your User Content does not infringe any third-party rights, and that your use of the Services complies with all applicable laws including data-protection laws governing the personal data you process through the Services.

8.4 Removal

We reserve the right to remove or restrict access to any User Content at our sole discretion, including User Content that violates these Terms or that we determine in good faith may expose us to liability.

9. Feedback

If you provide us with suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose and in any manner, without compensation or attribution to you. Feedback is provided on a non-confidential basis.

10. Intellectual Property

10.1 GateCurate IP

The Services, including all software, content, designs, text, graphics, logos, trademarks, service marks, layouts, source code, compiled code, documentation, and editorial content published at gatecurate.com, are the property of DIG or our licensors and are protected by United States and international intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights, title, or interest in the Services is granted to you, whether by implication, estoppel, or otherwise.

10.2 Limited License to Use

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the subscription term.

10.3 Trademark Notice

"GateCurate," the GateCurate wordmark and gate-mark logo, "The Briefing," "Founding Architect," and "Founding Member" are trademarks or service marks of DIG Strategic LLC or its parent, Davis Infinity Group LLC. All other trademarks referenced on the Site are the property of their respective owners.

11. Third-Party Services and Integrations

The Services may interoperate with or link to third-party products, services, or content (collectively, "Third-Party Services"). We do not endorse, control, or assume responsibility for Third-Party Services. Your use of any Third-Party Service is governed by the terms of that third party. We are not liable for any damages or losses caused or alleged to be caused by or in connection with any Third-Party Service.

12. Confidentiality

This Section applies if we grant you pre-release, evaluation, early-access, or other non-general access to the Services — including, but not limited to, access granted during the Beta period that closed on August 2, 2026. In connection with such access you may receive product features, roadmap discussions, internal research, pricing strategy, or other information designated by us as confidential (collectively, "Confidential Information"). You agree to:

• Treat Confidential Information with at least the same degree of care you use to protect your own confidential information of similar importance, and in no event less than reasonable care;
• Not disclose Confidential Information to any third party without our prior written consent;
• Use Confidential Information solely for the purpose of evaluating and providing feedback on the Services.

These obligations survive the end of your evaluation or early-access period, including the close of the Beta program, and continue for three (3) years thereafter. Where you have signed a separate non-disclosure agreement with us, that agreement governs to the extent it conflicts with this Section. Confidential Information does not include information that: (a) is or becomes publicly available through no breach by you; (b) was lawfully known to you before disclosure; (c) is independently developed by you without reference to our Confidential Information; or (d) is required to be disclosed by law, provided you give us reasonable advance notice where lawful.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

14. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND TITLE.

Without limiting the foregoing, we do not warrant that:

• The Services will meet your requirements or expectations;
• The Services will be uninterrupted, timely, secure, or error-free;
• Any results or output obtained from the Services will be accurate, reliable, or complete;
• Any errors in the Services will be corrected;
• The Services or any servers, networks, or systems that make the Services available are free of viruses or other harmful components.

Any content, advice, recommendations, or other materials obtained through the Services are obtained at your own discretion and risk. The Services do not constitute legal, tax, accounting, financial, or other professional advice. You should consult qualified professionals before relying on any output of the Services for material business decisions.

Beta and pre-launch periods (historical). During the Beta period and Pre-Launch Cohort window described in Section 5, both of which closed on August 2, 2026, the Services were incomplete, could contain bugs, and could change without notice, and no service-level agreement (SLA), uptime commitment, or response-time guarantee applied. Those periods have ended. The support response targets stated in Section 4 are targets, not service-level agreements, and nothing in these Terms creates an SLA, uptime commitment, or response-time guarantee.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIG, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIG FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such exclusion or limitation is unenforceable in your jurisdiction, the foregoing provisions apply to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless DIG, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

• Your access to or use of the Services;
• Your violation of these Terms;
• Your violation of any third-party right, including any intellectual property right, privacy right, or contractual right;
• Your User Content, including any infringement, defamation, or illegality claims based on it;
• Your unlawful use of the Services or violation of applicable law.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

17. Term, Suspension, and Termination

17.1 Term

These Terms remain in effect for as long as you access or use the Services.

17.2 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings or by emailing legal@gatecurate.com. Termination is effective at the end of your current billing cycle; no refund is owed.

17.3 Termination by Us

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without cause, with or without notice, including for:

• Violation of these Terms or any policy referenced herein;
• Failure to pay applicable fees;
• Conduct we determine in good faith poses a risk to the Services, other users, or third parties;
• Required by law or court order;
• Material change to our business or discontinuation of the Services.

17.4 Effect of Termination

Upon termination: (a) your right to access the Services ceases immediately; (b) we may, at our discretion, delete or return your User Content in accordance with our then-current data retention practices; (c) Sections that by their nature should survive termination (including Sections 6.3, 8.2, 8.3, 9, 10, 12, 14, 15, 16, 17.4, 18, 22, 23, 24, and 30) will survive.

18. Modifications to the Services

We may, at any time and at our sole discretion, modify, suspend, or discontinue any portion of the Services, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

19. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date and notify you through the Services or by email. Your continued use of the Services after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Services.

20. Notices

Notices to you may be sent via the email address associated with your account, by posting on the Site, or by other reasonable means. Notices to us must be in writing and delivered to legal@gatecurate.com or by certified mail to the address in Section 2.

21. Export Compliance

The Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export restrictions and not to use, export, re-export, or transfer the Services in violation of such laws.

22. U.S. Government Users

If you are a U.S. federal government agency or instrumentality, the Services and any related documentation are "Commercial Items" as defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. Consistent with these provisions, the Services are licensed to U.S. government users only with the rights set forth in these Terms.

23. Dispute Resolution; Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DIG TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

23.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you and DIG agree to attempt in good faith to resolve any dispute informally for at least sixty (60) days. To initiate informal resolution, send written notice to legal@gatecurate.com with the subject line "Dispute Notice," including a description of the claim, the relief sought, and your contact information.

23.2 Binding Arbitration

If the dispute is not resolved within sixty (60) days, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with DIG (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes where applicable. The arbitration will be conducted by a single arbitrator in Sacramento, California, or, at your election, in your home county within the United States. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

23.3 Class Action and Jury Trial Waiver

YOU AND DIG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND DIG WAIVE ANY RIGHT TO A JURY TRIAL. IF ANY PROVISION OF THIS SECTION 23.3 IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF SECTION 23 (ARBITRATION) WILL BE NULL AND VOID; HOWEVER, THE REMAINING TERMS WILL CONTINUE IN FULL FORCE AND EFFECT.

23.4 Exceptions

Either party may bring an individual claim in small-claims court in the county of your residence or in Sacramento County, California, if the claim qualifies. Either party may also seek injunctive or equitable relief in court to protect its intellectual property rights or confidential information, notwithstanding the arbitration requirement.

23.5 Opt-Out Right

You may opt out of the binding arbitration provision in Section 23.2 and the class-action waiver in Section 23.3 by sending written notice to legal@gatecurate.com with the subject line "Arbitration Opt-Out," within thirty (30) days of first accepting these Terms. The notice must include your name, your account email, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

24. Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms or the Services will be governed by the laws of the State of California, United States, without regard to its conflict-of-law principles. Subject to Section 23 (Arbitration), the state and federal courts located in Sacramento County, California, have exclusive jurisdiction over any judicial proceeding arising out of these Terms or the Services. Each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

25. General Provisions

25.1 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

25.2 Waiver

No waiver of any provision of these Terms is effective unless made in writing and signed by the party against whom enforcement is sought. The failure of either party to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

25.3 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any unauthorized assignment is void. We may assign these Terms or any rights hereunder, in whole or in part, without restriction.

25.4 Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, labor disputes, infrastructure failures, or third-party service disruptions.

25.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between the parties.

25.6 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party.

25.7 Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

25.8 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and DIG regarding the Services and supersede all prior or contemporaneous communications, representations, and agreements (whether oral or written) regarding the Services.

26. Contact Us

For questions about these Terms or the Services, please contact us:

DIG Strategic LLC (operator of GateCurate; a Davis Infinity Group LLC company)
Attn: Legal
1401 21st Street, #14403
Sacramento, CA 95811
United States
Email: legal@gatecurate.com

---

These Terms are provided for informational purposes and may not constitute legal advice for your specific situation. For specific legal questions regarding your use of the Services, please consult qualified counsel.