Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant" or "User") and BDGate ("Company", "we", "us") governing your use of the BDGate payment gateway platform, including the website at bdgate.net, the merchant portal at my.bdgate.net, all APIs, plugins, and related applications including the BDGate SMS Relay Android app.

By registering for an account, clicking "I Agree," or using any part of our service, you confirm that you:

• Are at least 18 years of age
• Have the legal authority to enter into this agreement
• Have read and understood these Terms
• Agree to comply with all applicable laws of Bangladesh

2 Description of Service

BDGate provides a payment gateway platform that enables merchants to:

• Accept payments via bKash, Nagad, Rocket, and other MFS providers
• Generate and manage payment links and invoices
• Automate payment confirmation via the Android SMS Relay app
• Access payment analytics and transaction reports
• Integrate with e-commerce platforms via REST API and plugins
• Manage customer profiles and refunds

BDGate acts as a technology platform only. We do not hold, move, or guarantee funds between merchants and customers.

3 Account Registration

3.1 Eligibility

Accounts are available to individuals and businesses operating legally in Bangladesh or in countries where BDGate services are available.

3.2 Account Information

You must provide accurate, current, and complete information when registering. You are responsible for maintaining the accuracy of your account information and for keeping your login credentials confidential.

3.3 Account Approval

Account registration is subject to admin approval. BDGate reserves the right to approve, deny, or suspend any account at its discretion.

3.4 Account Security

You are responsible for all activities that occur under your account. Immediately notify us at support@bdgate.net if you suspect unauthorized access to your account.

4 Merchant Obligations

As a merchant using BDGate, you agree to:

• Comply with all applicable laws, including the Bangladesh Bank guidelines on mobile financial services
• Only accept payments for legitimate, legal goods and services
• Provide accurate business information and keep it updated
• Maintain adequate records of transactions for at least 5 years
• Promptly handle refund requests according to your stated refund policy
• Not misrepresent the nature of your business or products to customers
• Obtain all necessary business licenses and registrations required by law

5 Fees & Payments

5.1 Subscription Plans

BDGate offers multiple subscription tiers. Fees for each tier are as published on bdgate.net/pricing and are subject to change with 30 days' notice.

5.2 Transaction Charges

A percentage-based charge may apply to each transaction processed through BDGate. The applicable rate depends on your subscription tier and the payment gateway used. Charges are displayed at checkout.

5.3 Payment Method

Subscription fees are payable in advance via the payment methods accepted by BDGate at the time of billing.

5.4 Refund Policy for Subscriptions

Subscription fees are non-refundable once a billing period has commenced, except where required by law. If you downgrade or cancel, your access continues until the end of the paid period.

5.5 Taxes

You are responsible for any applicable taxes (VAT, income tax, etc.) on fees paid to BDGate. Prices shown may be exclusive of applicable taxes.

6 Prohibited Activities

You may not use BDGate for:

• Illegal goods or services of any kind
• Money laundering, terrorist financing, or any financial crime
• Gambling, lottery, or games of chance (unless licensed)
• Fraudulent transactions or chargebacks abuse
• Adult content, weapons, drugs, or controlled substances
• Pyramid schemes, Ponzi schemes, or multi-level marketing fraud
• Unauthorized use of third-party payment credentials
• Attempting to reverse-engineer or circumvent BDGate security
• Sending spam or unsolicited messages to customers
• Any activity that violates Bangladesh Bank regulations

7 Android SMS Relay App

7.1 License

BDGate grants you a limited, non-exclusive, non-transferable license to install and use the BDGate SMS Relay Android application solely for the purpose of automating payment confirmations on your merchant account.

7.2 Permitted Use

The app may only be used on devices that belong to you or your authorized staff. You must not:

• Distribute or resell the app to third parties
• Reverse-engineer, decompile, or modify the app
• Use the app to access SMS data for purposes other than payment confirmation
• Share your Security Secret with unauthorized parties

7.3 SMS Data Responsibility

By using the SMS Relay app, you acknowledge that the app will read SMS from MFS providers on the device. You are responsible for ensuring that the device is used in compliance with applicable privacy laws.

7.4 App Availability

The SMS Relay app is provided as-is. BDGate does not guarantee uninterrupted operation and is not liable for missed payment confirmations due to device issues, network problems, or Android system restrictions.

8 API Usage

• API keys must be kept confidential. Do not expose them in client-side code or public repositories.
• API usage is subject to rate limits as published in our documentation.
• Automated abuse of the API (scraping, flooding) is strictly prohibited.
• BDGate may revoke API access at any time if misuse is detected.
• You must use domain whitelisting to restrict API key usage to authorized domains.

9 Intellectual Property

All intellectual property rights in the BDGate platform, software, logos, documentation, and content belong to BDGate. These Terms do not grant you any ownership rights.

You may not use BDGate's name, logo, or trademarks without our prior written consent.

Any feedback or suggestions you provide may be used by BDGate without obligation or compensation to you.

10 Limitation of Liability

To the maximum extent permitted by applicable law:

• BDGate provides services "as is" without warranties of any kind, express or implied
• BDGate is not liable for indirect, incidental, special, or consequential damages
• BDGate is not responsible for losses arising from: unauthorized account access, MFS provider outages, network failures, SMS delivery failures, or force majeure events
• BDGate's total liability in any calendar month shall not exceed the subscription fees paid by you in that month

BDGate does not guarantee that payment transactions will always be confirmed automatically. Manual verification may sometimes be required.

11 Indemnification

You agree to indemnify, defend, and hold harmless BDGate, its officers, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your business operations or products/services sold
• Your violation of any applicable law or regulation
• Any dispute between you and your customers

12 Service Availability

BDGate targets 99.9% uptime but does not guarantee uninterrupted service. Scheduled maintenance will be announced in advance where possible.

We are not responsible for service interruptions caused by:

• MFS provider downtime (bKash, Nagad, Rocket, etc.)
• Internet infrastructure issues
• Government-mandated service restrictions
• Force majeure events (natural disasters, civil unrest, etc.)

13 Termination

13.1 By You

You may close your account at any time by contacting support. Your data will be retained per our Privacy Policy retention schedule.

13.2 By BDGate

BDGate may suspend or terminate your account immediately if:

• You violate these Terms or any applicable law
• We detect fraudulent activity on your account
• You engage in prohibited activities
• Your subscription remains unpaid for more than 15 days

13.3 Effect of Termination

Upon termination, your access to the platform is revoked. Your transaction records remain accessible upon request for the legally required retention period.

14 Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh.

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the jurisdiction of the courts of Dhaka, Bangladesh.

15 Changes to Terms

BDGate reserves the right to modify these Terms at any time. When changes are made:

• The "Last Updated" date will be revised
• Material changes will be notified via email at least 14 days in advance
• Continued use of the service after the effective date constitutes acceptance

If you disagree with updated Terms, you may close your account before the effective date.

16 Contact

For questions about these Terms:

• Email: legal@bdgate.net
• Phone: 09617179060 (Sat–Thu, 9am–7pm BST)
• Address: 110, Goalbari, Mirpur-14, Dhaka, Bangladesh