Terms of Service

User Agreement and Terms of Service for the Opengates Platform. Understand your rights, responsibilities, and the rules governing your use of our services.

Effective: June 13, 2026

Summary of Our Terms

These Terms of Service ("Terms") are part of the legally binding agreement between you ("User") and Opengates ("Platform"). Below are the key aspects of these Terms, but it's crucial to read the full document for complete understanding.

  • Who May Use the Services: You must be at least 18 years old to use the Platform. Identity verification (KYC) is required before accessing payment features.

  • Account Responsibility: You are required to provide accurate information during registration. Two-factor authentication (2FA) is mandatory for all accounts. Maintaining the confidentiality of your account credentials is your sole responsibility. Freelancers are independent contractors, not employees of Opengates.

  • Content Ownership and Licensing: You retain ownership of the content you create and share on the Platform. Opengates receives a limited license to display your content for Platform operations only — not for marketing, AI training, or sublicensing. Client-commissioned work is owned by the Client upon full payment.

  • Payments and Payouts: All payments between Clients and Freelancers are processed through a secure escrow system via Paystack. Freelancer payouts are disbursed every Tuesday and Thursday at 9:00 AM EAT. Platform fees apply (12% standard / 7% premium). Currency conversion from USD to KES uses the CBK rate locked at time of payment release.

  • Dispute Resolution: Disputes follow a structured three-step process: direct resolution (7 days), Platform review (14 days), and optional binding arbitration through the Nairobi Centre for International Arbitration (NCIA). Disputes must be filed within 90 days.

  • Compliance and Security: Opengates implements KYC verification, anti-money laundering (AML) monitoring, and transaction limits to comply with Kenyan financial regulations. Suspicious activity is reported to the Financial Reporting Centre (FRC) of Kenya.

  • Prohibited Activities: Certain behaviours, such as harassment, fraud, spamming, money laundering, and copyright violations, are strictly forbidden. Misuse of the Platform can result in account suspension or termination.

  • Termination Rights: Either party may terminate the agreement. Opengates reserves the right to suspend or terminate your account for violations of these Terms, inactivity, or legal obligations. Your content is removed within 30 days of account deletion.

  • Privacy and Data: Your data is handled in accordance with the Kenya Data Protection Act, 2019. We have designated a Data Protection Officer (DPO). Data breach notifications are issued within 30 days.

  • Disclaimers and Limitations of Liability: The Platform is provided "AS IS." Liability is capped for non-escrow claims; escrow-related claims are covered for the full value of funds held. Limitations do not apply to gross negligence or fraud.

  • Governing Law: These Terms are governed by the laws of the Republic of Kenya. Disputes are resolved in the courts of Nairobi, Kenya, or through NCIA arbitration.