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: October 15, 2026  ·  Previous version effective June 13, 2026

Advance notice of changes:

We are giving you advance notice of material changes to these Terms, as Section Payments and Payouts requires. The changes take effect on 15 October 2026. Until then, the previous version continues to apply.

What changed:

  • Our payment processor is now Flutterwave. Our previous processor, Paystack, is no longer named. Escrow protection, the payout schedule and your rights are unchanged.
  • Clients now fund a USD wallet instead of paying for each task separately. Your wallet balance is yours; you can request a refund of unspent funds at any time.
  • We describe currency conversion accurately. The previous text said we applied no conversion margin and used interbank rates. That was not correct in practice. We now disclose the exchange rate and any conversion margin on screen before you confirm a payment, so you always see the final figure first.
  • Published transaction caps were removed. Fixed limits have been replaced with risk-based review. Most users will notice no difference; large or unusual transactions may be reviewed before they proceed.
  • Freelancer payouts now state the verification step. Payouts are released once funds are confirmed settled, then disbursed on the published Tuesday and Thursday schedule.

No fees changed. The 5% client fee and the 12% / 7% freelancer tiers are exactly as they were.

If you do not agree to the updated Terms, you may close your account and withdraw your balance before 15 October 2026. Questions: support@opengates.app.

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 Flutterwave. Clients add money to a USD wallet and use that balance to fund work. Freelancer payouts are disbursed every Tuesday and Thursday at 9:00 AM EAT. Platform fees apply (12% standard / 7% premium). Exchange rates and any conversion margin are disclosed before you confirm a payment.

  • 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 risk-based transaction review 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.