Last Updated: August 7, 2026
Effective date of the August 7, 2026 amendments. The amendments made to these Terms on August 7, 2026 are effective immediately upon publication, except that, for residents of California, those amendments become effective fourteen (14) days after publication; until that date, the prior version of these Terms (dated June 30, 2026) continues to apply to California residents, and the services introduced by the amendments are not available to California residents.
Welcome to Gate US!
This Gate US User Agreement (the “Agreement” or “Terms”) is a binding contract between you (“you,” or “user”) and Gate US, Inc. (“Gate US,” “we,” or “us”), which governs your access to our website located at gate.com/en-us (the “Site”), use of the services provided by Gate US described below and such other services that may be offered by Gate US from time to time (collectively, the “Services”).
If you are opening a Gate US Account on behalf of an institution as an Institutional Customer, you and the institution understand and agree to comply with the requirements set forth below in Section 2.2. In addition, if you are opening a Gate US Account on behalf of an asset management company, market maker, or a similar financial services institution, you and the institution agree to comply with all applicable laws and regulations, and to comply with all of Gate US’s own rules, risk-control measures, and onboarding requirements.
By clicking on an “I Agree” button or check box presented with this Agreement, or, if earlier, by accessing or using any of the Services, you agree to be bound by this Agreement and any materials expressly incorporated herein, including the Prohibited Use Policy and the Trading Rules.
CLASS ACTION WAIVER AND MANDATORY ARBITRATION: SECTION 19 CONTAINS A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 19 _CAREFULLY.
RISK DISCLOSURE: BY ACCESSING OR USING ANY GATE US SERVICES YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THESE SERVICES AND WITH ENGAGING IN TRANSACTIONS IN BLOCKCHAIN-BASED DIGITAL ASSETS INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH THE BLOCKCHAIN TECHNOLOGY), AND HACKING. GATE US WORKS HARD TO PROVIDE STATE OF THE ART SYSTEMS AND SECURITY. NONETHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE, AND IF SUCH ISSUES OR PROBLEMS ARISE IN CONNECTION WITH YOUR USE OF GATE US’S SERVICES, INCLUDING TECHNICAL DIFFICULTIES WITH TRANSFERRING OR TRADING BLOCKCHAIN-BASED DIGITAL ASSETS, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME ISSUES MAY NOT BE RESOLVED AT ALL. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT GATE US IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO ENGAGE IN TRANSACTIONS ON THE GATE US PLATFORM.
We may amend these Terms at any time by posting the revised Terms on the Site or otherwise making them available to you. Unless we set a later effective date, the revised Terms take effect when we post them, and they apply only to your use of the Services from that point forward, not to transactions or events that already took place. Your continued use of the Services after the revised Terms take effect means you accept them. If you do not agree to a change, your sole and exclusive remedy is to stop using the Services and close your Gate US Account. Notwithstanding the foregoing, beginning July 1, 2026, you have the right to at least fourteen (14) days’ prior notice of a change in our fee schedule, other terms and conditions that have a material impact on digital financial asset business activity with you, or the policies applicable to your Account. In addition, where applicable law requires advance notice before a change takes effect, we will provide that notice and delay the change's effective date for the period required by applicable law. Service Availability and Outages (California Residents).
Our Services may be unavailable from time to time due to scheduled maintenance, system upgrades, or unplanned outages. A list of any instances in the past twelve (12) months in which Gate US’s Services were unavailable to 10,000 or more customers seeking to engage in digital financial asset business activity in California, together with the cause of each identified service outage and any steps taken to resolve the underlying causes, is published at https://www.gate.com/en-us/help/about-gate-us/service-outages/45484. Gate US maintains policies and procedures designed to monitor system performance and minimize service disruptions.
In order to use our Services, you must create and maintain an account with us (“Gate US Account”). To create a Gate US Account, you must be an individual who is opening a Gate US Account on your own behalf or opening a Gate US Account on behalf of your institution.
2.1 Individual Users
If you are an individual that is opening a Gate US Account on your own behalf, you agree and represent that you (a) are a natural person who is at least eighteen (18) years old, (b) are a resident of the United States or one of its territories, (c) are not a Restricted Party as defined in Subsection 2.3 below, (d) are using the Services solely for your own benefit and not on behalf of, or for the benefit of, a third party, (e) do not currently have an account with us, and (f) have not previously been suspended or removed from using our Services.
2.2 Institutional Customers
If you are opening a Gate US Account on behalf of an institution, you and the institution agree and represent that your institution: (a) is in good standing under the laws applicable to the organization, (b) is not a Restricted Party as defined in Subsection 2.3 below, (c) is only using the Services for its own benefit and not on behalf of, or for the benefit of, a third party, (d) does not currently have an account with us, and (f) has not previously been suspended or removed from using our Services.
Additionally, when you open an account on behalf of an institution, you also represent that: (a) you are a natural person who is at least eighteen (18) years old, (b) you are a resident of the United States or one of its territories, (c) you are not a Restricted Party as defined in Subsection 2.3 below, (d) you are using the Services solely on behalf of your institution, (e) your institution has authorized you to open an account with us and use our Services on its behalf, and (f) you have not previously been suspended or removed from using our Services.
2.3 Restricted Parties
You may not use the Services if:
3.1 General Requirements
As part of the Gate US Account creation process, you will be required to provide certain information and documentation, including the information discussed in Subsection 3.2 below. We may also require you to provide information and documentation at other times, as well.
You represent and warrant that any information and documentation that you provide to us, whether as part of the Gate US Account creation process or otherwise, is complete and accurate. You further represent and warrant that you will promptly update any information that you have provided to us so that our records are complete and accurate at all times.
3.2 Identity Verification and Screening
We employ various measures to comply with our anti-money laundering obligations under the U.S. Bank Secrecy Act and to otherwise prevent the misuse of our Services. For instance, Gate US may, at its discretion, require identity verification and utilize other screening procedures with respect to you or actual or attempted transactions associated with your Gate US Account.
These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of Commerce’s Denied Persons list, and any similar list issued by any U.S. governmental authority or any other governmental authority prohibiting or limiting business activities or transactions with any persons.
You may be required to provide Gate US with certain personal information, including, but not limited to, your name, state of residence, address, telephone number, email address, date of birth, taxpayer identification number or social security number (SSN), photograph of your government- issued ID or other photographic proof of your identity, information regarding your bank account, and source of funds.
You hereby authorize Gate US, directly or through a third party, to make any inquiries Gate US considers necessary to verify your identity and/or protect against the misuse of the Services, including but not limited to: (a) querying identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) querying account information associated with your linked bank account (e.g., name or account balance); and (c) taking action Gate US reasonably deems necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. Gate US will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
3.3 Securing Your Gate US Account
You acknowledge that your Gate US Account is personal to you, and that you will be the only person who uses it. You accept full responsibility for any activities that occur using your Gate US Account. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys, or any other codes that you use to access the Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Gate US Account by third parties and the loss or theft of any Digital Assets, fiat currency, or other funds that are held in your Gate US Account and any of your associated accounts, including any bank account or credit card that you linked to your Gate US Account. You are responsible for keeping your Gate US Account information up to date, including the information that allows you to receive any notices or alerts that we may send you.
We assume no responsibility for any loss that you may sustain due to a compromise of Gate US Account credentials due to no fault of ours or due to your failure to follow up or act on any notices or alerts that we provide or send to you.
If we suspect another person is using your Gate US Account, in our sole and absolute discretion, we reserve the right to terminate, suspend, or restrict your Gate US Account. We also reserve the right to require you to utilize additional measures to enhance the security of your Gate US Account, such as requiring you to use multi-factor authentication to access and/or use your Gate US Account.
3.4 Number of Accounts
Unless Gate US has provided prior, written approval, you are allowed only one Gate US Account.
3.5 Closing Your Gate US Account
If you wish to close your Gate US account, please contact Support@gate.us.
Gate US is not a bank or depository institution. Unlike any fiat currency (e.g. USD) held in bank accounts, digital assets are not eligible for the protection of Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation (SIPC) coverage. In the unlikely event of insolvency, all or some of your assets may be lost. After opening a Gate US Account, our Services allow you to deposit, withdraw, purchase, sell, and trade certain blockchain-based digital assets (“Digital Assets”) that Gate US supports. These activities and the use of other Services provided by Gate US involves significant risks, and the potential for financial losses, including without limitation the following:
The risks described in this Section 4 may result in loss of Digital Assets, decrease in or loss of all value for Digital Assets, inability to access or transfer Digital Assets, inability to trade or exchange Digital Assets, inability to receive financial benefits available to other Digital Asset holders, and other financial losses to you.
You hereby assume and agree that Gate US will have no responsibility or liability for such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against Gate US, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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.”
You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of any Digital Assets that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits and risks of any Digital Asset or transaction. You accept the risk of transacting in Digital Assets by using the Services and are responsible for conducting your own independent analysis of the risks specific to the Digital Assets and the Services. You should not acquire or transact in any Digital Assets unless you have sufficient financial resources and can afford to lose all value of the Digital Assets.
Gate US’s decision to support the transfer, storage, or trading of any particular Digital Asset through the Services does not indicate Gate US’s approval or disapproval of the Digital Asset or the integrity, security, or operation of the Digital Asset or its Underlying Technology. The risks associated with Digital Assets and transacting in Digital Assets apply notwithstanding Gate US’s decision to support a particular Digital Asset. Gate US does not provide trading advice, does not have any fiduciary duty to you or any other user, and does not make any warranty about the suitability of any Digital Asset for trading or ownership by you.
As part of your use of our Services, you may provide certain information to us in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails and other types of communication from us.
To understand how Gate US collects, uses, and shares information about you, please review our Privacy Policy.
6.1 Initial Funding
In order to facilitate the exchange of Digital Assets on our Services, you must first transfer Digital Assets that are supported by the Services or fiat currencies that are supported by the Services to your Gate US Account. The Services associated with your Account include a wallet service provided by Gate US (“Wallet”). The Wallet will permit you to generate one or more addresses to which Digital Assets may be transferred from an account, wallet, or address not hosted or controlled by Gate US or a bank account at a financial institution (“External Account”). Gate US may require that you verify your control over an External Account or satisfy other verification or screening requirements prior to enabling transfers between the applicable External Account and your Wallet (any such External Account, an “Approved External Account”).
6.2 Legal Treatment of Digital Assets in Wallets
All Digital Assets held in your Wallet are custodial assets held by Gate US for your benefit. Title to Digital Assets held in your Wallet shall at all times remain with you and shall not transfer to Gate US. Digital Assets in your Wallets are not property of Gate US and are not intended by us to be subject to claims of Gate’s creditors.
As owner of the Digital Assets in your Wallet, you bear all risk of loss of such Digital Assets. Gate US shall have no liability for Wallet fluctuations or loss. None of the Digital Assets in your Wallet are the property of, or shall or may be loaned to, Gate US; Gate US does not represent or treat customer Digital Assets as belonging to Gate US. Except as required by law, or except as provided herein, Gate US will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your Wallet unless instructed by you. If you elect to participate in Bonded Staking, the foregoing sentence is subject to the Bonded Staking restrictions set forth in Annex D.
Gate US tracks Digital Assets and fiat currencies in your Wallet on internal ledgers maintained by Gate US. Gate US has no obligation to hold your fiat currency in an individual bank account in your name, or to segregate any of your Digital Assets at a separate blockchain address. Where Gate US holds your fiat currency through a Designated Financial Institution, it does so on the custodial basis described under “Fiat Currency Funding Through a Designated Financial Institution (FBO Account)” below, and customer fiat currency is in no event commingled with Gate US's own operating or proprietary funds. Fiat currency and Digital Assets are fungible with other like fiat currency and Digital Assets, and, to the extent you are entitled to withdraw or otherwise receive any funds or Digital Assets, you are entitled to a quantity of fiat currency or Digital Assets but not any particular fiat currency or Digital Assets.
Your fiat currency may be held together with the fiat currency of other Gate US customers in one or more pooled or omnibus accounts maintained at third-party financial institutions, or invested in qualified, liquid investments as permitted under applicable laws and regulations. Gate US owns the interest or any other return on these investments. No Gate US funds are pooled with user fiat currency and the funds in these pooled accounts and investments may not be used for any Gate US operational expenses or other corporate purposes. Your Digital Assets may be commingled at one or more blockchain addresses with Digital Assets owned by other Gate US customers, but are in no event commingled with Digital Assets that Gate US holds for its own account. Gate US will not hold its own proprietary Digital Assets at any blockchain address used to hold customer Digital Assets. For security and operational reasons, some transfers of Digital Assets by you may be reflected on Gate US’s internal ledgers only, without any transfer on the corresponding blockchain. Private keys to Digital Assets may be stored by Gate US offline or in electronic or physical vaults or other secure locations that may only be accessed in accordance with established security procedures, so any transfer of Gate US that will involve a transfer on the blockchain may be delayed.
6.3 Application of the Uniform Commercial Code
All Digital Assets credited to the Wallet will be treated as “financial assets” under Article 8 of the Wyoming Uniform Commercial Code (W.S. 34.1-8-102(a)(ix)). Gate US is a “securities intermediary” as used in W.S. 34.1-8-102(a)(xiv) with respect to its wallet service, and your Wallet is a “securities account” as used in W.S. 34.1-8-501. However, as stated in Section 102 of Article 8 of the Wyoming Uniform Commercial Code (W.S. 34.1-8-102(d)), “[t]he characterization of a person, business, or transaction for purposes of this article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule,” including the United States Commodity Exchange Act and any federal, state, or foreign securities law or regulation. Except as required by law or as otherwise provided herein, Gate US will comply with your instructions with respect to your Digital Assets.
If you are a California resident, the following applies to you and, to the extent it conflicts with the preceding paragraph, controls as to your relationship with the Services: (1) any digital financial asset controlled by Gate US on your behalf will be treated as a “financial asset” under Division 8 (commencing with Section 8101) of the California Commercial Code; (2) Gate US is a “securities intermediary” under that Division 8 with respect to any digital financial assets under Gate US’s control on your behalf; and (3) your account or wallet provided by or through Gate US is a “securities account” under that Division 8.
6.4 Deposits
You may periodically at your discretion transfer to your Wallet any Digital Assets that are supported for transfer and storage using the Services. If you transfer to your Wallet any Digital Assets that are not supported by the Services, such Digital Assets may be permanently lost.
If you have submitted information to deposit Digital Assets into your Wallet, the deposit may remain pending until sufficient confirmations are completed by the applicable Digital Asset network. A deposit of Digital Assets is not complete while it is in this pending state. Gate US makes no representations, warranties, or guarantees that your deposit of Digital Assets will be confirmed by the applicable Digital Asset network. Gate US also makes no representations, warranties, or guarantees that a Digital Asset deposit will be confirmed by the applicable Digital Asset network in a specific, reasonable, or any other period of time.
You may also periodically at your discretion transfer fiat currencies that are supported by the Services from an Approved External Account to your Wallet. You will not be entitled to receive any interest or other fees on any fiat currency held in your Wallet or any Digital Assets held in your Wallet, even if Gate US receives interest or other fees from any third parties.
Fiat Currency Funding Through a Designated Financial Institution (FBO Account)
In addition to the fiat currency funding methods described above, Gate US may make available to eligible customers (including, where permitted by Gate US and the Designated Financial Institution, individual customers and Institutional Customers), the ability to fund their Gate US Account by wire transfer or other accepted funding method through a third-party financial institution that Gate US has designated to hold customer fiat currency in connection with the Services (a “Designated Financial Institution”), which will be a bank or other depository institution that is chartered in the United States. Gate US may use more than one Designated Financial Institution, and a Designated Financial Institution may hold customer fiat currency, originate or receive transfers (including ACH entries) on Gate US’s instruction, or both. Customer fiat currency held at a Designated Financial Institution is held by the Designated Financial Institution for the benefit of Gate US customers (an “FBO Account”), and is titled to evidence that Gate US holds such fiat currency in a custodial capacity for the benefit of its customers, in accordance with the agreements between Gate US and the Designated Financial Institution and applicable law.
Bank Approval Required. Access to fiat currency funding through a Designated Financial Institution is not available to all users. The availability of these funding methods is strictly controlled by, and subject to the prior approval of, the Designated Financial Institution on a customer-by-customer basis. Gate US does not control the criteria, processes, or timing applied by the Designated Financial Institution in approving or declining customers, and the Designated Financial Institution may decline, suspend, or revoke approval at any time, in its sole discretion, with or without notice to you. You acknowledge and agree that: (a) Gate US will not enable wire transfer funding (or other funding through the Designated Financial Institution) to your Gate US Account unless and until the Designated Financial Institution has approved you for that purpose; (b) the Designated Financial Institution may require you to provide additional information, documentation, or representations as a condition of approval, and you agree to provide such information promptly upon request; (c) the Designated Financial Institution’s approval of you, or its approval of any particular wire transfer or transaction, may be revoked or rescinded at any time and is not a guarantee of continued access; and (d) Gate US may suspend, restrict, or terminate your access to fiat funding through the Designated Financial Institution at any time at the direction of, or as required by, the Designated Financial Institution or applicable law.
Issuance of Fiat Balance. When you instruct your bank or payment service provider to send fiat currency to a Designated Financial Institution for credit to your Gate US Account, Gate US will reflect a corresponding fiat currency balance (a “Fiat Balance”) in your Wallet (such crediting of a Fiat Balance to your Wallet, an “Issuance”) only after the funds have been cleared and received by the Designated Financial Institution and reconciled by Gate US. A Fiat Balance reflected in your Wallet is an internal ledger entry maintained by Gate US and is not a deposit account, account balance, or other obligation of the Designated Financial Institution to you. Gate US does not control, and makes no guarantees about, the amount of time required to clear, receive, or reconcile any wire transfer or other inbound transfer through the Designated Financial Institution.
External Account Verification. To send or receive fiat currency to or from a Designated Financial Institution in connection with your Gate US Account, you must be the actual or beneficial owner of the External Account from which fiat currency is sent or to which fiat currency is to be returned. You represent and warrant that (i) you are the beneficial owner of the External Account; (ii) you are in compliance with all terms and conditions applicable to the External Account; (iii) you have authority to direct deposits to and withdrawals from the External Account; and (iv) you have provided complete and accurate information to Gate US regarding the External Account. Gate US may require you to verify control of an External Account before accepting any wire transfer or other transfer from it, and you agree to provide all information reasonably necessary to make such verification.
Custodial Holding of Customer Fiat. All fiat currency held at a Designated Financial Institution for credit to your Gate US Account is held by Gate US in a custodial, safekeeping, or similar fiduciary capacity for your exclusive benefit, and the agreements between you and Gate US create a bona fide custodial or similar safekeeping relationship between you and Gate US, rather than a debtor/creditor relationship. As described below, you do not have a direct deposit or account relationship with the Designated Financial Institution. Title to and beneficial ownership of such fiat currency at all times remains with you (or, in the case of an Institutional Customer, with the institution on whose behalf the Gate US Account is opened) and does not transfer to Gate US. Such fiat currency is not property of Gate US, is not loaned to Gate US, and Gate US does not represent or treat such fiat currency as belonging to Gate US. Except as required by law or as expressly permitted by these Terms, Gate US will use the FBO Account exclusively to segregate and safeguard customer fiat currency and will not commingle customer fiat currency with Gate US’s own operating funds.
Not a Bank Deposit; No FDIC or SIPC Insurance. Gate US is not a bank or other depository institution, and Gate US is not a member of the FDIC. Your Gate US Account is not a deposit account or a bank account, and neither Gate US nor any Designated Financial Institution is providing you with a bank account, deposit product, or other depository service through your Gate US Account; you do not have a direct depositor relationship with any Designated Financial Institution. Fiat Balances reflected in your Gate US Account and Digital Assets in your Wallet are not insured by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation, are not deposits with Gate US, and are not guaranteed by Gate US. Digital Assets are not deposits, are not insured, and may lose value.
Not Subject to Gate US Creditor Claims or Bank Set-Off for Gate US Debts. Because customer fiat currency held at a Designated Financial Institution is held in a custodial capacity for the benefit of Gate US customers and is not property of Gate US, such fiat currency is not intended by Gate US to be subject to claims of Gate US’s general creditors. Subject to applicable law and the agreements between Gate US and the Designated Financial Institution, the Designated Financial Institution has agreed that customer fiat currency held in the FBO Account will not secure, directly or indirectly, any loan or other obligation of Gate US to the Designated Financial Institution and will not be subject to any right of set-off, security interest, lien, or claim in favor of the Designated Financial Institution arising from any obligation of Gate US, except for (i) the Designated Financial Institution’s right to set off against the FBO Account for any overdraft of the FBO Account or for customary charges, fees, and expenses with respect to the FBO Account or related services; (ii) any order, judgment, decree, or levy issued by a court relating in whole or in part to the FBO Account; and (iii) any account of Gate US that is not an FBO Account holding customer fiat currency (each, a “Gate Operating Account”). If the Designated Financial Institution exercises its right of set-off under clause (i) above, it has agreed to work with Gate US to credit the affected FBO Account. The Designated Financial Institution’s relationship with respect to the FBO Account is governed by its agreements with Gate US; the Designated Financial Institution does not owe you any fiduciary, quasi-fiduciary, or special duty as an indirect beneficiary of the FBO Account.
No Interest; Investment of Customer Fiat. You are not entitled to receive any interest, earnings, or other return on fiat currency held at a Designated Financial Institution for credit to your Gate US Account, even if Gate US or the Designated Financial Institution earns interest, sweep, or other return on those funds. Where permitted by applicable law and by the agreements between Gate US and the Designated Financial Institution, Gate US may instruct the Designated Financial Institution to invest customer fiat currency in qualified, liquid investments, which may include U.S. Treasury securities or other instruments. Customer fiat currency that is invested in this manner is not held on deposit at a depository institution while so invested. Gate US (or, where applicable, the Designated Financial Institution) owns the interest and any other return on those investments. No Gate US funds are pooled with customer fiat currency, and the funds held in any FBO Account or pooled investment may not be used for any Gate US operational expenses or other corporate purposes.
Permitted Use of Fiat Balance. Any Fiat Balance reflected in your Wallet may only be used for purposes permitted by the Services, including the purchase of supported Digital Assets, the settlement of permitted Card Transactions, the payment of applicable fees, and withdrawal back to an Approved External Account. You may not use a Fiat Balance, or instruct fiat currency to be sent through a Designated Financial Institution, to make payments to third parties for goods or services except as expressly permitted by the Services.
Final and Non-Refundable; Reversals. Once a wire transfer or other funding instruction has been received and reconciled at the Designated Financial Institution and a corresponding Fiat Balance has been reflected in your Wallet, the funding is final and non-refundable. You may, however, withdraw available fiat currency back to an Approved External Account in accordance with this Section 6, subject to verification, hold periods, available balances, fees, and applicable risk and compliance reviews. If a wire transfer, ACH, or other transfer to a Designated Financial Institution is reversed, returned, charged back, or otherwise unwound for any reason, you authorize Gate US, in its sole discretion and without prior notice, to (i) cancel the corresponding Issuance and reverse the related Fiat Balance; (ii) debit any Fiat Balance, Digital Assets, or other property in your Gate US Account in an amount sufficient to cover the reversal and any related fees, costs, taxes, or losses; (iii) sell or convert Digital Assets in your Gate US Account at then-prevailing rates to satisfy any resulting shortfall; and (iv) place a hold on or restrict your Gate US Account pending resolution.
Limits and Holds. Gate US, the Designated Financial Institution, or both may impose limits on the amount, frequency, or timing of wire transfers or other funding to or from the Designated Financial Institution, and may impose hold periods on incoming or outgoing transfers based on factors including account history, transaction patterns, applicable laws and regulations, and risk and compliance considerations. Limits and hold periods may be adjusted at any time without prior notice.
Third-Party Service. Each Designated Financial Institution is a third-party service provider, and is not an agent, partner, joint venturer, or affiliate of Gate US. Gate US is not responsible for the performance, availability, fees, or other terms imposed by your originating bank, the Designated Financial Institution, or any intermediary financial institution involved in any wire transfer or other transfer to or from a Designated Financial Institution. The agreements governing a Designated Financial Institution’s holding of customer fiat currency, including the FBO Account, are between Gate US and the Designated Financial Institution, and you are not required to enter into, and do not become a party to, any separate agreement with the Designated Financial Institution in order to fund your Gate US Account. You remain subject to, and are responsible for reviewing and complying with, the separate terms and disclosures imposed by your own originating bank or payment service provider in connection with any transfer you initiate to fund your Gate US Account.
Third party services that provide the ability for you to transfer fiat currency to your Wallet are not provided by Gate US, nor are they considered services that are included within the Services. Gate US does not guarantee the access to, accuracy of, or reliability of any particular method or service that we accept for you to transfer fiat currency to your Wallet, even where we provide referral links to such third party services.
Third-Party Buy and Sell (On-Ramp/Off-Ramp) Services. Gate US may make available the ability to buy or sell Digital Assets using fiat currency through one or more third-party providers (each, a “Ramp Provider,” such as MoonPay and Banxa). These services are provided by the Ramp Provider, not by Gate US. When you buy or sell Digital Assets through a Ramp Provider, you transact directly with the Ramp Provider, which is the counterparty and merchant of record for the transaction, and Gate US only facilitates access. To use these services you must accept the Ramp Provider’s own terms and privacy policy, and you may be required to create an account with, and complete identity verification for, the Ramp Provider. The Ramp Provider determines eligibility, limits, supported jurisdictions, and supported assets, and may refuse, suspend, or limit service in its discretion. Gate US does not guarantee that any order will be accepted or executed, or executed at any particular time or price. You are responsible for providing a correct destination wallet address or bank account, and transfers made to an incorrect address or account may be unrecoverable and are your responsibility. Refunds, cancellations, and disputes for these transactions are handled by the Ramp Provider under its terms.
When you buy Digital Assets using a credit or debit card, your payment is processed by a third-party payment processor and its acquiring bank. Because Digital Asset purchases are generally final and cannot be reversed once executed, card-funded purchases of Digital Assets are non-refundable except as required by applicable law or applicable card network rules. If you believe a card transaction was unauthorized or incorrect, contact Gate US at support@gate.us; you may also have the right to dispute the transaction with your card issuer.
6.5 Program Banks
Fiat Funding and Payments Through a Program Bank
Eligibility. Fiat funding and withdrawal through a Program Bank is available to Gate US customers that have completed Gate US’s identity-verification and screening requirements and any additional eligibility requirements of Gate US or the Program Bank, including individual (consumer) customers and Institutional Customers, in each case only in jurisdictions where Gate US is licensed or otherwise permitted to offer these services. Availability may vary by jurisdiction, account type, and funding method, and access may be granted, conditioned, suspended, or withdrawn by Gate US or the Program Bank at any time. "Institutional Customer" means a legal entity (and not a natural person) that has satisfied Gate US's applicable identity-verification, know-your-customer, and beneficial-ownership requirements and has been approved by Gate US to open and maintain a Gate US Account, in each case for its own account and for business or commercial purposes and not for personal, family, or household purposes. Gate US may grant, condition, suspend, or withdraw Institutional Customer status, and any related access, in its sole discretion.
Program Bank. Gate US may let you fund your Gate US Account, and receive withdrawals, by ACH or other supported method through a bank partner (a “Program Bank,” and a Designated Financial Institution under these Terms). Gate US, Inc. is not a bank. Banking services are provided by a Program Bank that is a depository institution chartered in the United States. Your fiat currency is held in a custodial account opened through Gate US at the Program Bank, in the name of Gate US, Inc. for the benefit of its customers (for example, “Gate US Inc FBO Gate US Exchange Customers”); it is not an account of Gate US.
No FDIC or SIPC Insurance. Gate US is not a bank and is not a member of the FDIC. Your Gate US Account is not a deposit account or a bank account, and Fiat Balances and Digital Assets reflected in your Gate US Account are not insured by the FDIC or the SIPC. FDIC insurance does not apply to your Gate US Account and does not protect against the failure or insolvency of Gate US. Digital Assets are not deposits, are not insured, and may lose value.
ACH Authorization. By linking an external bank account and requesting or scheduling a transfer, you authorize Gate US and the Program Bank (and their payment-service providers) to initiate ACH debit and credit entries, and any corrections of erroneous entries, to and from that account in the amounts and at the times you request, including recurring entries in the amount and frequency you select. This is a NACHA-compliant authorization and remains in effect until you revoke it by notifying Gate US to unlink the account or otherwise withdraw your authorization, and Gate US has had a reasonable opportunity to act on it. If an entry is returned or reversed, you authorize Gate US and the Program Bank to re-present it and to recover the amount and any related fees.
Same-Name Accounts Only. You may fund from, and withdraw to, only an external bank account held in your own name that matches the name on your Gate US Account; third-party accounts are not supported. You represent that you own, and are an authorized signer on, each account you link. Linked external accounts must be held at a depository institution located in the United States; accounts at non-U.S. institutions and cross-border transfers are not supported.
Account Verification. You authorize Gate US and its service providers (which may include Plaid Inc. and Jack Henry & Associates, Inc.) to verify your ownership of, and access information about, each linked account, as permitted by you and applicable law.
Fees; Deposit Holds. Fees for fiat funding and withdrawals — including any wire deposit fee and any ACH or wire withdrawal fee — are set out in the Fee Schedule and will be disclosed to you before you submit the applicable transfer. Fiat Balances funded by ACH may be held for a period of time after crediting before they are eligible for withdrawal to an external account, to manage return and reversal risk; current hold periods are disclosed in the Services and may vary based on account history, transfer size, and risk considerations.
Electronic Fund Transfers — Consumer Disclosures. The following provisions apply if your Gate US Account is established primarily for personal, family, or household purposes, to the extent the Electronic Fund Transfer Act and Regulation E apply to an electronic fund transfer to or from your Gate US Account. Nothing in these Terms waives or limits any right you have under the Electronic Fund Transfer Act or Regulation E.
Unauthorized Transfers. Tell us AT ONCE if you believe your Gate US Account credentials have been lost or stolen, or that an electronic fund transfer has been made from your Gate US Account without your permission, by contacting support@gate.us. Contacting us promptly is the best way to limit your possible losses. If you tell us within two (2) Business Days after you learn of the loss or theft of your credentials, you can lose no more than $50 if someone used your credentials without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft, and we can prove that we could have stopped someone from using your credentials without your permission if you had told us, you could lose as much as $500. Also, if your account history shows transfers that you did not make, including those made with your credentials or by other means, tell us at once. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your account (if the error could be viewed in your electronic history) or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
In Case of Errors or Questions About Your Electronic Transfers. Contact us at support@gate.us as soon as you can if you think an electronic fund transfer to or from your Gate US Account is wrong, or if you need more information about a transfer listed in your account history. We must hear from you no later than sixty (60) days after we sent the FIRST account statement or history on which the problem or error appeared. When you contact us: (i) tell us your name and the information needed to identify your Gate US Account; (ii) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (iii) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question; in that case, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your account. For errors involving new accounts, we may take up to ninety (90) days to investigate and up to twenty (20) Business Days to credit your account. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Stop Payment of Preauthorized Transfers. If you have authorized recurring ACH debits from your external bank account, you can stop any of these payments by contacting us at support@gate.us in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made; you may also contact your bank. If you tell us orally, we may also require you to put your request in writing within fourteen (14) days after you call.
6.6 Withdrawals
You are required to retain in your Wallet a sufficient quantity of Digital Assets and/or fiat currency necessary to satisfy any open orders (and applicable Gate US fees). In addition, there may be limits on:
Gate US may also set, at its discretion, minimum withdrawal amounts for each withdrawal request. Any withdrawal request that is below the minimum withdrawal amount will not be processed by Gate US.
You may contact Gate US by email at support@gate.us in the event any of our limits cause inconvenience or hardship to explore alternative methods for mitigating a particular limit, although we do not guarantee the availability of alternatives.
Otherwise, you may periodically at your discretion withdraw Digital Assets by transferring Digital Assets from your Wallet to an address not controlled by Gate US (“External Address”), and you may withdraw fiat currency by transferring fiat currency from your Gate US Account to an Approved External Account. Gate US may require you to verify your control or association with an External Address to which you seek to transfer Digital Assets.
You authorize Gate US to use your Wallet to send to any External Address specified by you using the Services. Once you have submitted a Digital Asset withdrawal request, the withdrawal will be unconfirmed for a period of time. The withdrawal is pending sufficient confirmations by the applicable network on which you are withdrawing your Digital Assets. A withdrawal of Digital Assets is not complete while it is in this pending state. Gate US makes no representations, warranties, or guarantees that your withdrawal of Digital Assets will be confirmed by the applicable Digital Asset network. Gate US also makes no representations, warranties, or guarantees that a Digital Asset withdrawal will be confirmed in a specific, reasonable, or any other period of time. Additionally, Gate US is not able to reverse any transfers and will not have any responsibility or liability if you have instructed Gate US to send Digital Assets to an address that is incorrect, improperly formatted, erroneous, or intended for a different type of Digital Asset.
You also hereby authorize Gate US to use your Gate US Account to transfer fiat currency to any Approved External Account specified by you using the Services. Gate US is not able to reverse any transfers and will not have any responsibility or liability if you have instructed Gate US to send fiat currency to an External Account that is incorrect, improperly formatted, or erroneous.
6.7 Trades
A “Trade” is an exchange of Digital Assets, or an exchange of fiat currency for Digital Assets, in each case for which trading is supported on the Services between you and another user of the Services whereby you dispose of certain Digital Assets or fiat currency and acquire different Digital Assets or fiat currency. An “Order” is created when you enter an instruction to affect a Trade using the Services.
6.7.1 Order Confirmation
Before an Order is placed, the Services will generate and display a confirmation dialogue box summarizing the details of the proposed transaction, including type and amount of Digital Assets you are seeking to dispose, the type and amount of Digital Assets or fiat currency that you are willing to accept in exchange for the Digital Assets or fiat currency you are seeking to dispose, Gate US’s estimated fees if the entire Order were to be executed, and the total number and type of Digital Assets or the amount of fiat currency, as applicable, that will be transferred out of your Wallet if the entire Order were to be executed. Your Order will be placed upon confirmation of the Order summary via the Services. Notwithstanding the foregoing, you agree that the failure of the Services to provide such Order summary or confirmation shall not prejudice or invalidate any Order submitted by you or any Trade completed based on such Order.
6.7.2 Order Matching and Trade Execution
When you enter an Order, you authorize Gate US to execute a Trade on a spot basis for all or a portion of the number of Digital Assets or the amount of fiat currency specified in your Order in accordance with such Order. You agree to pay Gate US any applicable fees for Trades and authorize Gate US to deduct any such fees from your Wallet.
6.7.3 Cancellations
You may only cancel an Order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for Gate US to complete such Order. If any Order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched.
6.7.4 Insufficient Digital Assets or Fiat Currency
If you have an insufficient amount of Digital Assets or fiat currency in your Wallet to fulfill an Order, Gate US may cancel the entire Order or may fulfill a partial Order that can be covered by the Digital Assets or fiat currency in your Wallet (in each case after deducting any fees payable to Gate US in connection with the Trade).
6.8 Direct Buy and Sell
You can purchase Digital Assets we support using the funds in (1) your Wallet, (2) a valid bank account that matches your Gate US Account’s name, or (3) with your credit or debit card that matches the name on your Gate US Account. Any purchase that you make using your Wallet, or other payment method must follow payment method’s instructions displayed to you on the Site. We reserve the right to cancel any transaction that is not confirmed by you within five (5) seconds after you have been quoted the transaction’s price. If, for whatever reason, we reject your transaction, we will provide you with a notice of such rejection and you will not be charged for such rejected transaction.
6.9 Prohibited Transfers
You will not attempt or cause an inbound or outbound transfer of Digital Assets or fiat currency to or from Gate US where you have reason to know that any person or entity involved in the transfer—whether directly or indirectly—is a Restricted Party (as defined above), including but not limited to the following persons or entities (1) the originator of the transfer, (2) the recipient of the transfer, or (3) the Digital Asset exchange, hosted wallet service provider, bank, or other financial institution involved in the transfer.
7.1 No Broker or Fiduciary Relationship
Gate US is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in your use of the Services.
Gate US does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make when using the Services. Gate US may provide educational material or information related to the Services on our Site, our social media account, or other channel of communication. No communication or information provided to you by Gate US is intended as, or shall be considered or construed as, advice. Please refer to Section 4 for a summary of some of the risks you should consider when choosing whether to use our Services.
In certain services, including the over-the-counter trading service described in Annex M (OTC Trading Terms), Gate US acts as principal and as your counterparty rather than as a broker, agent, or fiduciary; the terms of Annex M govern those transactions.
7.2 Fees; Debts
You agree to pay Gate US the fees described in the fee schedule (“Fee Schedule”), as periodically updated by Gate US at Gate US’s sole discretion, or as otherwise by imposed Gate US pursuant to these terms. The updated Fee Schedule will apply prospectively to any Trades or other transactions that take place following the effective date of such updated Fee Schedule. You authorize Gate US to remove Digital Assets or fiat currency from your Wallet for any applicable fees owed by you under these Terms.
If, for any reason, there remains outstanding debts that you owe to Gate US, we reserve the right to debit your Wallet accordingly and/or withhold amounts that you seek to transfer from your Gate US Account.
Security Interest; Set-Off. To secure your obligations to Gate US under these Terms (including fees, negative balances, and reversed or charged-back funding), you grant Gate US a security interest in, and right of set-off against, the fiat currency and Digital Assets in your Wallet (and your security entitlement to them), over which Gate US has control. This secures only your own obligations and no other customer's. If you do not pay when due, Gate US may, to the extent permitted by law and after any required notice, set off against, debit, or sell those assets as reasonably necessary. Except as provided in these Terms (including this provision), Gate US holds your fiat currency and Digital Assets in custody under Section 6 and acquires no ownership or beneficial interest in them other than the security interest granted above.
7.3 Conditions and Restrictions; Transaction Limits
Gate US may, at any time and in its sole discretion, delay, cancel, reject, or otherwise decline to process any actual or attempted Digital Asset deposit, withdrawal, Order, Trade, exchange, or other transaction or other transaction request submitted via the Services, and impose limits on the amounts of transactions that can be completed on a daily or other periodic basis, or impose any other conditions or restrictions upon your use of the Services, without prior notice.
For example, Gate US may: (a) limit the number of open Orders that you can establish via the Services; (b) restrict transaction requests from certain locations; or (c) restrict withdrawals or trading if there is a reasonable suspicion of fraud, diminished capacity, inappropriate or unlawful activity, or if Gate US receives reasonable notice that your ownership of some or all of the Digital Assets or fiat currency in your Gate US Account are in dispute; or (d) restrict withdrawals or trading in response to a subpoena, court order, or other lawful government directive.
Gasopte US reserves the right to change applicable limits as we deem necessary and in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to us at support@gate.us. We may require you to submit additional information about yourself or the institution on behalf of which you are acting. We may also require you to provide us with records, arrange a meeting with us, and any other requirement set forth in our internal compliance policies and procedures. Gate US reserves the right to charge you costs and fees associated with the additional information related to your request to increase your Gate US Account limits, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have provided us with all of the information that we requested.
7.4 Supported Digital Assets
Gate US’s Wallet is available only in connection with those Digital Assets that we support. Gate US retains the exclusive right to determine which Digital Assets are available through our Services for transfer, storage, trading, purchase, or sale.
Under no circumstances should you attempt to use the Services to store, send, request, or receive Digital Assets, in any form, that we do not support. Digital Assets sent to a wallet or wallet address that are not supported by Gate US may be lost. You should always verify that the wallet address to which you are sending Digital Assets is entered correctly prior to sending any Digital Assets from your Gate US Account. We do not assume any responsibility or liability in connection with any attempt to use the Services for Digital Assets that we do not support.
Unless required by law or law enforcement, Gate US will use commercially reasonable efforts to notify you of its decision to cease support of a Digital Asset. If Gate US ceases to support transfer or storage of a particular Digital Asset, Gate US will use commercially reasonable efforts to notify you at least thirty (30) days prior so as to afford you with an opportunity to transfer the affected Digital Asset from your Wallet to an External Address.
If you do not transfer the affected Digital Asset out of your Wallet prior to cessation of support for the Digital Asset by Gate US, the Digital Asset may be lost due to your inability to access, transfer, or otherwise control the Digital Asset. Similarly, any pending Orders or related transfers involving the affected Digital Asset will not be processed and will be deemed null and void once Gate US ceases to support a Digital Asset. You acknowledge Gate US will not be liable to you for any losses, unrealized gains, liability, damages, or expenses related to its decision to cease any support for any Digital Asset or your failure to transfer the affected Digital Asset out of your Wallet prior to cessation of support for the Digital Asset by Gate US.
7.5 Operation of Digital Asset Protocols
We do not own or control the underlying software protocols which govern the operation of the Digital Assets we support. In general, the underlying protocols are open source; and anyone can use, copy, modify, and distribute them. By using the Services, you acknowledge and agree that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability; and the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Assets you store using your Gate US Account and the Services. In the event of a fork, you agree that we may temporarily suspend our operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether to support (or cease supporting) either branch of a forked protocol entirely. You acknowledge and agree that we do not assume any responsibility whatsoever with respect to an unsupported branch of a forked protocol.
7.6 Derivative Protocols
Unless specifically announced on our Site or through some other official public statement of ours, we do not support Derivative Protocols as defined in Section 4 above. Do not use your Gate US Account to attempt to receive, request, send, store, or engage in any other type of transaction involving a Derivative Protocol. Our Services are not configured to detect Derivative Protocol transactions and we assume absolutely no responsibility whatsoever with respect to unsupported Derivative Protocols.
7.7 Reversals and Cancellations
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Gate US, in its sole discretion, either to cancel the transaction or to debit another one of your payment methods, including your Gate US Account balances or linked accounts, in any amount necessary to complete the transaction. Gate US reserves the right to refuse to process, or to cancel or reverse, any purchases or sale of Digital Assets in its sole discretion, even after funds have been debited from your account(s).
7.8 Unauthorized, Suspicious, and Incorrect Transactions
You are solely responsible for your Gate US Account and access thereto. We assume no responsibility or liability for any loss that you may sustain due to suspicious, unauthorized, or incorrect transactions that are due to no fault of ours. We encourage you to regularly review all transaction activity on a regular basis.
If you believe your Gate US Account has suspicious activity or unauthorized activity, contact us immediately at: support@gate.us.
7.9 Use of Third-Party Payment Processors
Gate US may use a third-party payment processor to process any fiat currency transactions between you and Gate US, including but not limited to transactions related to your use of the Digital Asset exchange, or deposits or withdrawals from your Wallet.
7.10 Taxes
Customer Responsibility for Taxes. You alone are responsible for determining what taxes apply to your use of the Services, including with respect to Trades, deposits, withdrawals, Internal Transfers, Card Transactions, Rewards, Staking, and any other activity, and for reporting and remitting the correct taxes to the appropriate tax authorities. You agree that Gate US has no responsibility or liability for determining what taxes apply to you, or for collecting, reporting, withholding, or remitting any taxes arising from any trades, transactions, Rewards, or other activity, except as expressly required by applicable law.
No Tax Advice. Gate US does not provide tax advice. Any educational material or information made available by Gate US concerning taxes is for general information only and is not, and shall not be construed as, tax advice. You should consult your own tax advisor regarding the tax consequences of your use of the Services.
U.S. Tax Resident Certification. If you are a U.S. tax resident, then in order to use the Services, you also agree to the certifications set forth in this paragraph. Under penalties of perjury, you certify that: (a) the taxpayer identification number you have provided to Gate US is your correct taxpayer identification number (or you are waiting for a number to be issued to you); (b) you are not subject to backup withholding because (i) you are exempt from backup withholding, (ii) you have not been notified by the Internal Revenue Service (the ”IRS”) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding; and (c) you are a U.S. person (including a U.S. resident alien). You agree to notify Gate US promptly if any of the foregoing certifications becomes inaccurate or incomplete. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
If you are not a U.S. person for U.S. federal income tax purposes, you agree to provide Gate US with an applicable, properly completed IRS Form W-8 (or successor form) upon request, and to promptly notify Gate US of any change in your status.
Backup Withholding. Gate US may apply backup withholding under Section 3406 of the U.S. Internal Revenue Code, or any successor provision, to any payments to you (including Rewards, Staking Rewards, or other payments treated as interest, dividends, or reportable proceeds) if (i) Gate US has not been furnished with a valid taxpayer identification number; (ii) the IRS has notified Gate US that the taxpayer identification number you provided is incorrect; (iii) the IRS has notified Gate US that you are subject to backup withholding due to underreporting of interest or dividends; or (iv) you have failed to certify, when required, that you are not subject to backup withholding.
Right to Withhold; Fee Gross-Up. Notwithstanding anything in this Agreement to the contrary, Gate US may withhold (or cause to be withheld) from any amounts otherwise due or payable to you such federal, state, local, foreign, income, non-income, or other taxes as Gate US determines are required to be withheld pursuant to any applicable law or regulation of any jurisdiction or taxing authority. You authorize Gate US, in its sole discretion and in lieu of a separately stated tax amount, to increase any applicable fees to account for transaction-level taxes (such as sales, use, or excise taxes) owed on a particular transaction undertaken using the Services, as disclosed to you at or before the time of the transaction.
Information for Tax Compliance. Gate US is subject to obligations imposed by tax (and other) laws and supervisory authorities of various jurisdictions. These obligations may require Gate US to request additional information, documentation, or certifications from you, and to process certain personal data for identity verification, payment processing, court orders, tax laws, or other purposes. These obligations may arise at various times, including at onboarding, in connection with specific transactions, in connection with form generation, or in response to government inquiries, and may change without notice. Gate US reserves the right to restrict, lock, disable, or close your Gate US Account if Gate US determines such action to be necessary or appropriate to comply with any such legal or regulatory obligation.
Use of Third-Party Tax-Reporting Service Providers. You acknowledge and agree that Gate US may use one or more third-party service providers to assist with information reporting under U.S. (or other applicable) tax law, including the collection and validation of taxpayer identification numbers, cost-basis tracking, and the generation, filing, and delivery of IRS information returns (such as Form 1099-DA, Form 1099-MISC, and other applicable forms). In connection with that engagement, Gate US may share with such service providers personal data and transaction information relating to your Gate US Account, subject to the Privacy Policy. Such service providers are independent contractors of Gate US and are not your agent, fiduciary, or tax advisor.
Furnishing IRS Information Returns. Where required by applicable law, Gate US (directly or through a third-party service provider) will furnish you with applicable IRS information returns, including without limitation Form 1099-DA and Form 1099-MISC, in the manner and on the timing required by law. The delivery of those returns is subject to your consent to electronic delivery as described in Annex B (Electronic Communications Policy), including the specific consent to paperless delivery of tax forms set out therein. If you have not provided such consent, or have withdrawn it, Gate US may deliver the applicable form by U.S. first-class mail to the most recent physical address on file for your Gate US Account, and may pass through to you any associated mailing costs in accordance with the Fee Schedule.
7.11 Closure of Unverified Accounts
If you create a Gate US Account, but fail to initiate or complete required due diligence or onboarding requirements – including, but not limited to, our Know Your Customer (KYC) identity verification requirements – Gate US reserves the right to close your account.
7.12 Unclaimed Property/Dormant Accounts
In certain circumstances, Gate US may have an obligation to report any Digital Assets in your Wallet or any fiat currency in your Gate US Account to the applicable governmental entity as unclaimed property, such as after your Gate US Account has been inactive for a period of several years (as defined by the relevant state statutes) or where Gate US ceases providing Services. If this occurs, Gate US will attempt to contact you at the address shown in our records. If Gate US is unable to get in touch with you, we may be required to deliver any funds that are maintained in your Wallet to the applicable state or jurisdiction as unclaimed property. Gate US reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law. The applicable governmental entity may require Gate US to liquidate any Digital Assets in your Gate US Account into fiat currency and turn over the resulting fiat currency to the governmental entity. For the avoidance of doubt, if you’re inactive for a protracted period and we are unable to return any Digital Assets and redeemable fiat in your account to your designated Financial Account, then we may be required to report and remit such Digital Assets and such fiat balances in accordance with any applicable state or jurisdiction unclaimed property laws. State unclaimed property law may require liquidation of the Digital Assets held in your account. You agree that Gate US will not have any responsibility or liability for any losses, unrealized gains, damages, expenses, or other harm that you may incur in connection with Gate US turning over Digital Assets or fiat currency to the applicable governmental entity or Gate US’s liquidation of your Digital Assets.
In connection with your use of the Services, you agree and represent that you will not engage in any Prohibited Business or Prohibited Use within our Prohibited Use Policy and abide by our Trading Rules as those policies may amended by us from time-to-time in our sole discretion. Both the Prohibited Use Policy and the Trading Rules are incorporated herein by reference.
We reserve the right to cancel and/or suspend your Gate US Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Gate US Account is associated with a use or business that is prohibited.
9.1 Changes to Services
Gate US may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services.
9.2 Suspension or Termination of Services
Gate US may, at its discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any Services.
If we suspend, close, or terminate your use of the Services, for any reason, we may provide you with notice of our actions unless a court order or other legal directive prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Gate US Account, may be based on our confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you. Unless it is otherwise prohibited under applicable law, you will have the opportunity to transfer your Digital Assets or fiat currency from your Wallet.
9.3 No Liability
Gate US will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 9 or for any other reason). You acknowledge that Digital Asset valuations and exchange rates may fluctuate during any period during which Services have been suspended and that Gate US will have no liability for any such fluctuations. You also acknowledge that in the event of permanent suspension or termination of Services, the Digital Assets and fiat currency associated with your Gate US Account may be lost due to your inability to access, transfer, or otherwise control the Digital Assets and fiat currency and that Gate US will have no liability for any such losses.
9.4 Effect of Termination
In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to Gate US will immediately become due; (b) Gate US may delete or deactivate your Gate US Account and all related information and files in such account without liability to you; and (c) Gate US may cancel any open Orders or other transaction requests that are pending at the time of discontinuation or termination. In the event of discontinuation or termination of all Services or discontinuation or termination of transfer or storage Services for all or some Digital Assets, Gate US will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or regulations or by order of law enforcement or other governmental authority, to provide you with a period of 30 days to remove the affected Digital Assets or fiat currency from your Wallet. Any Digital Assets or fiat currency not removed within any applicable time period may be permanently lost and not recoverable by you. In the event of discontinuation or termination of all Services or of transfer or storage Services for all or some Digital Assets, Gate US will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or regulations or by order of law enforcement or other governmental authority, to provide you with a period of 30 days to remove the affected Digital Assets or fiat currency from your Wallet.
10.1 Gate US Materials
The Services, Site, and all technology, content, data, and other materials used, displayed, provided, or received by you in connection with the Services or Site (collectively, “Gate US Materials”) together with all intellectual property rights in any of the foregoing are, as between you and Gate US, owned by Gate US.
10.2 Limitations On Use of Gate US Materials
You may use the Gate US Materials solely as authorized by Gate US in connection with your use of the Services for as long as Gate US permits you to continue to access the Services. Without limiting the foregoing: you will not (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Site, Services, or Gate US Materials or use the Site, Services, or Gate US Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services, or Gate US Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display, or incorporate the Site, Services, or Gate US Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Site, Services, or Gate US Materials; (e) use the Site, Services, or Gate US Materials to design, develop, or create any competing product or service; or (f) otherwise use the Site, Services, or Gate US Materials for any commercial or noncommercial purpose other than their intended purposes determined at Gate US’s discretion. “Gate US,” any product or service names, logos, and other marks used on the Site or Gate US Materials, or otherwise in connection with the Services, are trademarks owned by Gate US or its licensors. You may not copy, imitate, or use them without Gate US’s prior written consent.
10.3 Feedback
Gate US will own any feedback, suggestions, ideas, or other information or materials regarding Gate US that you provide, whether by email, posting through the Services, or otherwise (“Feedback”). You hereby assign to Gate US all right, title, and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
Although we intend to provide accurate and timely information, the Services may not always be entirely accurate, complete, or current, and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, agreements, products, and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
In using the Services, you may view content provided by third parties (“Third-Party Content”). Gate US does not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. Gate US is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
If, to the extent permitted by Gate US, you grant express permission to a third party to access or connect to your Gate US Account, either through the third party’s product or service or through Gate US’s Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your Gate US Account. Further, you acknowledge and agree that you will not hold Gate US responsible for, and will indemnify Gate US from, any liability arising out of or related to any act or omission of any third party with access to your Gate US Account.
Gate US may make available special offers or conduct promotions for qualifying users. Subject to applicable laws, Gate US, or the issuer of a Digital Asset subject to an offer or promotion, may establish qualifying criteria to participate in any special promotions at its sole discretion. Gate US may revoke any special offer at any time and for any reason without advance notice to you. Gate US is under no obligation to make available special offers to all Gate US users. Gate US makes no recommendation and does not provide any advice about the value or utility of a Digital Asset that is part of a promotion.
Gate US is an independent contractor for all intents and purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Gate US to be treated as partners, joint venturers, or otherwise as joint associates for profit, or that either you or Gate US are in any type of agency relationship with each other.
For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Gate US Account, during which time no transactions may be completed unless and until (a) your designated representative has opened a new Gate US Account, as further described below, and the entirety of your Gate US Account has been transferred to the new Account; or (b) we have received proof in a form satisfactory to us that you have not died.
If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the valid representative will be required to open a new Gate US Account.
If you have not designated a representative, then we reserve the right to (a) treat as your representative any person entitled to inherit your Gate US Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust, or a small estate affidavit, or (b) require an order designating a representative from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the representative designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Gate US Account.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE GATE US MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GATE US ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GATE US EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, GATE US DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, OR GATE US MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR- FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
You will indemnify, hold harmless and, upon written request of Gate US, defend Gate US, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, penalty, loss, cost, or expense (including without limitation reasonable attorneys’ fees and court costs) arising directly or indirectly out of or in connection with (a) access or use of any Services by you; (b) any Feedback or User Content provided by you; (c) breach of any provision of these Terms by you; or (d) violation of any applicable law or the rights of any other person or entity by you. For purposes of subclauses (a) through (d) of the preceding sentence, “you” includes you, any third party acting on your behalf, and any third party using your Gate US Account (whether authorized or unauthorized by you). If you are obligated to indemnify any Indemnified Party, Gate US (or, at Gate US’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Gate US wishes to settle, and if so, on what terms.
IN NO EVENT SHALL GATE US, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE FOR: (A) THE AMOUNT OF THE FEES PAID BY YOU TO GATE US UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY; OR (B) ANY LOST PROFITS OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE GATE US MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GATE US, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF GATE US), EVEN IF GATE US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Please read the following section carefully because it waives any right to participate in any class action or other representative action or proceeding. Unless you opt out of arbitration by following the instructions set forth below, this section also requires you to arbitrate certain disputes and limits the manner in which you can seek relief, including by precluding you from suing in court or having a jury trial.
19.1 Waiver of Class Actions and Right to Jury Trial
TO THE EXTENT PERMISSIBLE BY LAW, ANY CLAIMS, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR GATE US ACCOUNT OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH YOUR GATE US ACCOUNT (“DISPUTE”) MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY ARBITRATION ON BEHALF OF A CLASS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
19.2 Arbitration of Disputes
With only limited exceptions as described in Section 19.3 below, all Disputes between you and Gate US must be resolved by binding arbitration and not in a court of general jurisdiction. By agreeing to binding arbitration both you and Gate US waive any and all right to a jury trial or to participate in a class action. This Agreement affects interstate commerce and the enforceability of this Section 19.2 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.
19.2.1 Notice of Dispute
If you have a Dispute with Gate US, you agree to first contact Gate US’s customer support and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Gate US at support@gate.us. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Any notice by Gate US to you will be similar in form to that described above. If you and Gate US cannot reach an agreement to resolve the Dispute within forty-five (45) days of receiving such Notice, either party may submit the Dispute to binding arbitration as provided herein.
19.2.2 Arbitrator Selection and Rules
Arbitration of Disputes shall be administered by American Arbitration Association (“AAA”) and resolved through confidential, binding arbitration before a single, mutually agreed arbitrator from AAA. If the parties cannot agree on an arbitrator from AAA, the arbitrator shall be selected by AAA.
The arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules (including, as applicable if you are a consumer under those rules, the Consumer Arbitration Rules) (“AAA Rules”). The most recent version of the AAA Rules is available here and incorporated by reference. The most recent version of the AAA Consumer Arbitration Rules is available here and is incorporated by reference if you are a consumer under the AAA Rules. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason. In the event of any conflict between these Terms and the AAA Rules, these Terms shall govern.
19.2.3 Scope and Authority
As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute, including the power to determine the question of arbitrability and resolve any dispute about whether a claim or action is excepted from arbitration pursuant to Subsection 19.3 below, and to grant any remedy and award any relief that would be available in court for the claims presented in arbitration. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator is bound by this provision.
19.2.4 Hearings and Location
Whether to hold a hearing, the type of hearing (telephonic or in person), and a party’s right to request a hearing where the AAA Rules otherwise call for resolution of the Dispute solely on the basis of documents submitted by the parties will all be determined in accordance with the AAA Rules.
19.2.5 Confidentiality
The arbitration may allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Gate US, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
19.2.6 Fees and Costs
The party that initiates arbitration will pay any administrator filing fee and you and Gate US will share equally any other fees or costs charged by the administrator or arbitrator. If you are a consumer under the AAA Rules, the filing fee and any other administration costs will be split in accordance with the fee schedule in the AAA Rules. Each party will be responsible for its own costs of counsel and other costs associated with arbitration of the Dispute.
19.2.7 Time Bar
To the extent permitted by law, any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Gate US will not have the right to assert the claim.
19.2.8 Opt-Out
You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing your decision to opt out to Gate US at support@gate.us. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20. The class action waiver in Section 19.1 above19.1 will apply notwithstanding your arbitration opt out.
19.2.9 Governing Law for Arbitrations
Disputes shall be resolved in accordance with the FAA, these Terms, the AAA Rules, and the law of the state specified in Section 20 below.
19.3 Excepted Claims
Notwithstanding Section 19.2 above, there is no requirement to arbitrate, and you and Gate US may bring (a) an individual small claims action in the small claims court in your and Gate US’s respective county of residence as provided in the AAA Rules, or (b) an action seeking only a temporary restraining order or injunction for alleged breach of confidentiality obligations or for alleged infringement or misappropriation of intellectual property in any court having jurisdiction, provided that, in each case, the action is brought as an individual action and not on a class or representative basis.
19.4 Severability
If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Section 19 will be enforceable.
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by, and construed and enforced in accordance with, the laws of Wyoming, without regard to conflict of law rules or principles (whether of Wyoming or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that Gate US may initiate a proceeding related to the enforcement or validity of Gate US’s intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Laramie County, Wyoming will have exclusive jurisdiction. You waive any objection to venue in any such courts.
Gate US requires that all legal documents, which includes subpoenas, complaints, and small claims, be served on our registered agent for service of process. By accepting service of a legal document, Gate US does not waive any objections to such legal document that Gate US may have and raise in response to such document, including insufficient service of process.
If you are serving a legal document upon one of our registered agents, please note that the registered agent will not accept service of such legal document unless the recipient of the legal document matches Gate US’s registered name, Gate US, Inc.
If you violate any of these Terms, Gate US may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your Gate US Account, or exercise its security interest in, set off against, debit, sell, or convert fiat currency and/or Digital Assets in your Wallet, as described in the ‘Fees; Debts’ section and subject to applicable law. Gate US shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Gate US pursuant to this paragraph. Any right or remedy of Gate US set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law, or in equity.
Gate US maintains money transmitter (or similar) licenses in all states where Gate US’s business activities require such a license. Pursuant to the regulations applicable to money transmitters in the states where Gate US has a license, Gate US provides the disclosures at https://www.gate.com/en-us/legal/licenses.
24.1 Entire Agreement; Order of Precedence
This Terms and each and every term or condition that is applicable to you, including those incorporated by reference herein, comprise the entire understanding and agreement between you and Gate US as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms) between and among you and Gate US. Section headings in the Terms are for convenience only and shall not govern the meaning or interpretation of any provision of the Terms.
In the event of any conflict between these Terms and any other agreement you may have with Gate US, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
24.2 Assignment
The Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received Gate US’s prior written consent. Gate US reserves the right to assign our rights without restriction, including without limitation to any Gate US affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.
24.3 Nonwaiver of Rights
Gate US’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
24.4 Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.
24.5 Change of Control
In the event that Gate US is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information, fiat funds, and Digital Assets we have collected from you as part of such merger, acquisition, sale, or other change of control.
24.6 Survival
All provisions of this Agreement, which by their nature extend beyond the expiration or termination of this Agreement, shall survive the termination of your access to the Services. Such provisions include, but are not limited to, the terms of Sections 2.3, 3.3 and 4 through 24 – as well as all Annexes in their entirety.
24.7 Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
24.8 Force Majeure
Gate US shall not be liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to any delay or failure due to any act of God, disease, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications, Internet, or network provider services, failure of equipment and/or software, or any other catastrophe or occurrence that is beyond our reasonable control. No such cause or condition shall affect the validity and enforceability of any remaining provisions of these Terms.
24.9 How to Contact Us
For general inquiries or customer support, please email Support@gate.us. For law enforcement or legal matters, please contact legal@gate.us and regulatory@gate.us. For privacy policy or personal data matters, please contact privacy@gate.us.
You may not use your Gate US Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive.
Prohibited Businesses
In addition to the Prohibited Uses described above, certain categories of businesses, business practices, and sale items are barred from the Services (“Prohibited Businesses”). The specific types of use listed below are representative, but not exhaustive. By opening a Gate US Account, you confirm that you will not use the Services in connection with any of following businesses, activities, practices, or items:
Conditional Use
Express written consent and approval from Gate US must be obtained prior to using the Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us at support@gate.us, Gate US may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on- boarding procedures, and operate subject to restrictions if you use the Services in connection with any of following businesses, activities, or practices:
This policy describes how Gate US delivers Communications to you electronically. We may amend this policy at any time by posting the revised text on the Gate US Site. The revised policy is effective on the day that we post it on the Gate US Site.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Gate US Account and your use of the Services – forfeiting the right to paper statements or communications except where required by law. Communications include:
You agree that Gate US may provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your Gate US account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Paperless Delivery of IRS Tax Forms
Without limiting your general consent to electronic Communications set forth above, you specifically and affirmatively consent to receive IRS information returns and tax forms relating to your Gate US Account (including without limitation Form 1099-DA, Form 1099-MISC, and any other Form 1099, Form 1042-S, Form 5498, or other information return applicable to you) solely in electronic format, in lieu of paper delivery, to the maximum extent permitted by applicable Treasury regulations. (If you do not provide this consent, or if you withdraw your consent, Gate US will furnish applicable tax forms to you on paper by U.S. mail.) You understand and agree that:
(a) you have the right to receive a paper copy of any applicable tax form, and may request a paper copy at any time by contacting Gate US at support@gate.us; requesting a paper copy of a particular form will not, by itself, withdraw your consent to electronic delivery of future forms unless you so specify;
(b) this consent applies to the current calendar year and to each subsequent calendar year for which you remain a Gate US Account holder, until you withdraw it;
(c) you may withdraw this consent at any time by contacting Gate US at support@gate.us, in which case Gate US will deliver subsequent tax forms by U.S. first-class mail to your most recent physical address on file and may pass through to you any associated mailing costs in accordance with the Fee Schedule; a withdrawal of consent takes effect prospectively, after Gate US has had a reasonable period to process it, and does not affect the validity of any tax form furnished electronically before the withdrawal took effect; and Gate US will confirm your withdrawal in writing (electronically or on paper).
(d) tax forms delivered electronically will be made available to you through your Gate US Account or by email, in PDF format, which requires software capable of viewing PDF files to access;
(e) it is your responsibility to maintain a current and valid email address and physical address with Gate US; if a tax form sent electronically is not received because of an incorrect or out-of-date email address, blocking by your service provider, or any other failure that is not Gate US’s fault, the tax form will nonetheless be deemed delivered to you as between you and Gate US; and
(f) the procedures for updating your contact information and for withdrawing your consent to electronic Communications generally are set forth elsewhere in this Annex B.
(g) Gate US will cease furnishing tax forms electronically if your Gate US Account is closed or terminated. Tax forms made available through your Gate US Account will remain accessible at least through October 15 of the year following the year to which the form relates.
This consent is provided in addition to, and not in derogation of, your general consent to electronic Communications elsewhere in this Annex B.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at privacy@gate.us or support@gate.us. If you fail to provide or if you withdraw your consent to receive Communications electronically, Gate US reserves the right to immediately close your Gate US account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate, and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Gate US sends you an electronic Communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Gate US will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at support@gate.us.
These supplemental terms and conditions for NextUp promotions on Gate US (“NextUp Terms”) govern your engagement with NextUp promotions and supplement the Gate US User Agreement (“Terms”) referenced above. Except as otherwise noted, all provisions of the Terms also apply to your engagement with NextUp promotions, and all terms and clauses contained in the Terms are incorporated by reference.
General
1.From time to time, Gate US may make available promotions for cryptocurrencies, projects, or affiliates under its “NextUp” brand (“NextUp Promotions”). Generally, and as described herein, a Boost Promotion is a time limited event wherein holders of certain eligible cryptocurrencies (“Eligible Assets”) may signal their participation in an event and receive a reward token (“Reward”) from a predetermined rewards pool on a pro rata basis based on the amount of Eligible Assets held and associated with a particular NextUp Promotion by the user, versus the total amount of Eligible Assets associated with the NextUp Promotion by all participants, and how long Eligible Assets are associated with a NextUp Promotion.
2.These terms govern your access to and use of NextUp promotions. By participating in a NextUp Promotion, you agree to be bound by these NextUp Terms.
3.Gate US may make changes to these NextUp Terms (or any terms or information incorporated by reference) at any time in accordance with these Terms.
4.Gate US never lends or uses assets associated with Gate US Promotions for trading activity in any way.
Eligibility
5.NextUp Promotions are generally open to retail Gate US users who have passed basic identity verification, reside in a supported state or territory, and hold one or more Eligible Asset. NextUp Promotions may also set minimum participation requirements, e.g., minimum amounts of Eligible Assets that must be associated with a NextUp Promotion to participate in such NextUp Promotion.
6.Eligibility may be limited to particular jurisdictions, based on state and local law, and at Gate US’s sole discretion.
How to Participate
7.Subject to these NextUp Terms, you may participate in a NextUp Promotion via the Gate US mobile application or other interfaces that may be made available by Gate US by committing Eligible Assets with a NextUp Promotion. When you commit Eligible Assets with a NextUp Promotion, such assets will no longer appear in Your Portfolio or Available Balance, and may not be available to trade or for use in limit orders, so long as they are committed to the NextUp Promotion. However, Your legal interest in the committed Eligible Assets does not change.
8.You can freely decommit your crypto from a NextUp Promotion at any time using the mobile application or other interface authorized by Gate US. At the end of a NextUp Promotion, any Eligible Assets will be decommitted with the NextUp Promotion. All Eligible Assets decommitted from a Nextup Promotion will again be reflected in your available balance. Decommitt ed Eligible Assets are generally made available for trading without delay, however a delay may occur in some circumstances, including without limitation events of extreme market volatility, network delays, validator or protocol failure, a significant number of simultaneous instructions to decommit Eligible Assets from other Gate US users, or other unanticipated events.
9.Particular Eligible Assets may only be associated with one NextUp Promotion at one time, although, subject to Gate US’s sole discretion, you may divide your Eligible Assets across multipole NextUp Promotions.
Form of Rewards and Timing
10.Rewards accrue on a pro rata basis as described above. Rewards will be distributed in full to your account after the event ends, based on each participant’s proportion of total committed assets.
11.Rewards begin accruing when Eligible Assets are associated with a NextUp Promotion and cease accruing when Eligible Assets are decommitted with the NextUp Promotion. You will not receive Rewards for the period of the NextUp Promotion prior to when You committed Your Eligible Assets.
12.Rewards from the rewards pool may be split evenly or unevenly between Eligible Assets in a given NextUp Promotion at Gate US’s sole discretion. Generally, a fixed pool of Rewards will be assigned to each Eligible Asset and reflected in the NextUp Promotion section of the mobile application, website, or other interface.
13.Gate US may from time to time provide an “Estimated Rewards Rate” (or its equivalent) or similar indicator for NextUp Promotions or Eligible Assets therein. This is an estimate based on participation data for a NextUp Promotion, which may be delayed, and first and/or third party market pricing data and estimates. Rewards rates will fluctuate during the pendency of a NextUp Promotion, and early rewards rates are likely to decrease as additional users participate in the NextUp Promotion, reducing pro rata rewards. Although Gate US takes commercially reasonable efforts to ensure the integrity of its estimates, they are only estimates and should not be relied upon as financial advice, and Gate US expressly disclaims any and all liability for inaccurate Estimated Rewards Rates or similar indicators.
Risks
14.Due to market conditions, the value of your crypto rewards and assets may fluctuate in USD terms during a NextUp Promotion. You must review and acknowledge the risk disclosures in the User Agreement. There are no additional custodial or slashing risks associated with NextUp Promotions and Gate US does not lend or use assets committed to NextUp Promotions.
About NextUp Rewards and Project Sponsors
15.All Rewards are sponsored entirely by third-party cryptocurrency projects or their affiliates (“Project Sponsors”). Rewards are provided as a promotional benefit and are not intended to create any expectation of profit for participants.
16.Any information or materials provided by Project Sponsors are for general information only and are not financial or investment advice.
Relationship with Project Sponsors
17.Project Sponsors do not have any ongoing relationship, rights, or obligations to NextUp participants.
18.Receiving Rewards does not give participants any ownership or other rights in a Project Sponsor.
This Annex D (this “On-Chain Staking Annex”) incorporates by reference and supplements the Gate US User Agreement (excluding all Annexes thereto, “Terms”) as if the entirety of the Terms were set forth in this On-Chain Staking Annex. Capitalized terms used but not defined in this On-Chain Staking Annex have the meanings given to them elsewhere in the Terms. In the event of a conflict between the Terms and this On-Chain Staking Annex, the terms of this On-Chain Staking Annex will control solely to the extent of the conflict and solely with respect to the subject matter of this On-Chain Staking Annex. The On-Chain Staking Services are enabled by Gate US, Inc., a Wyoming corporation (“Gate US, Inc.,” “Gate US,” or “Gate”). Gate US, Inc. is referred to in this On-Chain Staking Annex as “we”, “us”, “our”, “Gate US” or “Gate”, and are our affiliates and are deemed included in the terms “we”, “us”, “our”, “Gate US” or “Gate” throughout the Terms.
Gate US may provide you the option to contribute and earn rewards by participating in our “On-Chain Staking Services” – which may include Bonded Staking (e.g. standard lock-up staking for classic proof-of-staking blockchains such as ADA, or staking involving standard token certificates such as ETH), Flexible Staking, Liquid Staking (e.g. Liquid Staking Derivatives involving token certificates, such as mSoL or stETH), and other types of staking (collectively “Staking”. The On-Chain Staking Services are a separate and distinct IT-service, which means a general commercial activity that is provided to you by means of a technical IT infrastructure, subject to the terms and conditions of the Terms, including this On-Chain Staking Annex and your fulfillment of all applicable eligibility criteria. Gate US may perform any or all of the On-Chain Staking Services directly or through one or more service provider(s). Please refer to the resources provided on our mobile application, websites, or other interfaces for more information regarding On-Chain Staking Services.
On-Chain Staking Services
Whether you are automatically enrolled into the On-Chain Staking Services or you elect to stake, including restake, (collectively, “Stake”) a Digital Asset that is eligible for Staking (each, a “Supported Token”), you consent to such Supported Token being Staked in part or in entirety by Gate US (the “On-Chain Staking Services”). For clarity, the On-Chain Staking Services are included within “services” under these Terms. You retain ownership of each Supported Token that is Staked, and each Staked Supported Token remains your property while Staked. The Section of the Terms titled “Legal Treatment of Digital Assets in Wallets”, which applies to Digital Assets, also applies to Staked Supported Tokens.
Opting into On-Chain Staking Services & On-Chain Staking Reward Terms
If you select to Stake Supported Tokens from your account, Gate US will remit to you the applicable percentage of staking rewards attributable to your Staked Supported Tokens (“Staking Rewards”), provided that the applicable percentage and timing of such remittances will: (i) be subject to Gate US’s staking fee; (ii) vary by the Supported Token protocol; and (iii) be further detailed in your account. You understand and agree that we don't guarantee that you will receive Staking Rewards and that the applicable percentage (i) is an estimate only and not guaranteed, (ii) may change at any time, and (iii) will be less than the actual Staking Rewards Gate US receives from the Supported Token protocol. For all Supported Tokens, you understand and agree that Gate US, in its sole discretion, may limit the amount of assets that you are able to Stake. For Supported Tokens eligible for auto earn or similar mechanisms or events which Gate US may offer from time to time within our sole discretion according to the terms and conditions set forth in this User Agreement, individual limits on Staking will be updated from time to time and will be made available to Users. Additionally, for standard Flexible Staking (which we may offer from time to time within our sole discretion according to the terms and conditions set forth in this User Agreement), we Stake only a portion of the Supported Tokens you select to Stake on-chain; the remainder is held to ensure our ability to offer adequate liquidity in the relevant Supported Tokens. In the event that insufficient liquidity is available in a particular Supported Token, we reserve the right, in our sole discretion, to delay the release of any of your remaining unstaked Supported Tokens under the Flexible Staking program until after the relevant unbonding period has elapsed based on the blockchain protocol. When you elect to participate in Bonded Staking, you are instructing Gate US to commit the Supported Token to the relevant blockchain’s unbonding period and you won't be able to access your Staked Supported Tokens during the specified period after you elect to unstake.
No Guarantee of On-Chain Staking Services
We cannot guarantee uninterrupted or error-free operation of the On-Chain Staking Services or that we'll correct all defects or prevent disruptions or unauthorized access. We may suspend or discontinue the On-chain Staking Services in our sole discretion at any time. In the event of any disruptions, suspension, or discontinuance of the On-Chain Staking Services, any Staked Supported Tokens may stop generating the Staking Rewards and you may not receive any (and you may forfeit all) Staking Rewards whatsoever. The decision as to whether and to what extent On-Chain-Staking Services are provided is at our sole discretion. You hereby acknowledge and agree that we disclaim and have no responsibility for any loss, liability, or damage you may incur, directly or indirectly, in connection with the On-Chain Staking Services, including any loss, liability or damage arising directly or indirectly from: (a) your use of or inability to use the On-Chain Staking Services; (b) any interruptions, errors, or defects of the On-Chain Staking Services; (c) any third-party disruptions of or unauthorized access to the On-Chain Staking Services; or (d) any suspension or discontinuance of the On-Chain Staking Services.
Network Events
If there’s a fork or an airdrop, we may take any steps we consider appropriate to protect your Staked Supported Assets and our website, mobile application, and other interfaces. This could include suspending or terminating our Staking services, or amending any terms that apply to these services or your Staked Supported Tokens. Any action we take will be consistent with our legal and regulatory obligations. If an airdrop relates directly to your Staked Supported Tokens, we are not obligated to transfer or make available those new assets to you.
Risks of Staking
In choosing to Stake, you accept the following risks:
Liquidity risk: You may not be able to sell or withdraw your Staked Supported Tokens immediately due to the mechanics of Staking discussed above. The market price of Staked Supported Tokens may significantly increase or decrease by the time the unbonding period expires and your assets are unstaked.
Smart contract risk: A bug within the proof-of-stake network could cause loss of Staked Supported Tokens.
Slashing risk: If the Supported Token protocol determines that the On-Chain Staking service has been erroneously operated, this may result in a “slashing penalty” in the form of loss of Staked Supported Tokens. You may be able to receive compensation for any such penalties, unless such penalty is the result of (i) your act or omission, (ii) Supported Token maintenance, a bug, or an error, (iii) acts by a malicious actor or hacker, (iv) breaches of these Terms, whether by you or any other person or entity, or (v) Force Majeure Events.
You may not use onchain staking if you are a resident of a prohibited location.
DISCLAIMER: GATE US IS NOT A BANK OR OTHER DEPOSITORY INSTITUTION. YOUR GATE US ACCOUNT IS NOT A DEPOSIT ACCOUNT OR A BANK ACCOUNT. THE ONCHAIN STAKING PROGRAM IS NOT A DEPOSITORY OR BANK PROGRAM. NEITHER YOUR GATE US ACCOUNT NOR STAKED ASSETS ARE COVERED BY INSURANCE AGAINST LOSSES OR SUBJECT TO FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) OR SECURITIES INVESTOR PROTECTION CORPORATION (SIPC) PROTECTIONS OR THE PROTECTIONS OF ANY COMPARABLE ORGANIZATION ANYWHERE IN THE WORLD. YOU SHOULD INFORM YOURSELF OF ANY LEGAL OR TAX CONSEQUENCES OF PARTICIPATING IN THE ONCHAIN STAKING PROGRAM. GATE US IS NOT RESPONSIBLE FOR ANY SUCH CONSEQUENCES TO YOU.
From time to time, Gate US may elect to provide you with commission-free trading – in which case these Commission-Free Trading supplemental terms and conditions will apply. By using our Services when Commission-Free Trading is offered, or by otherwise utilizing or accessing our Commission-Free Trading, you accept these supplemental terms and conditions – including your express consent to the fact that we generate revenue from various sources related to your account and trading activity in the following ways. This Annex E details those sources and identifies potential conflicts of interest that may arise.
Spot Trading Order Matching
Practice. Spot trading involves an order matching mechanism that connects clients with API users. API users may be charged either a positive or negative fee when a trade is executed.
Our Mitigation. We are obligated by law to uphold our duty of Best Execution. This means we must seek the most favorable terms for your orders, considering price, speed, and likelihood of execution. Our order routing practices are designed to satisfy this duty.
Buy, Sell, and Swap Spread Capture
Practice. Our revenue may be derived from the difference between the price we buy an asset for and the price we sell it to you (the “spread”).
Conflict of Interest. When we, or a third party processing a buy/sell/swap transaction on our behalf, act(s) as a principal, our profit is the spread. A wider spread benefits us but may result in a less favorable price for you. This is a material conflict of interest.
Our mitigation. We provide transparent, real-time pricing. Our execution systems are designed to offer competitive spreads that are in line with the broader market.
Other Revenue Sources
We will update this section accordingly to disclose additional revenue sources, as they may arise from time to time.
Your Acknowledgment
By opening and funding an account with Gate US, you acknowledge that you have read, understood, and agree to these revenue practices and the associated conflicts of interest.
Gate US, Inc. “(Gate”) currently provides individual retail accounts for U.S. residents only. As a registered financial institution, Gate is obligated to follow certain KYC, or “Know Your Customer” guidelines, including verifying the identity of its customers. Failure to attest to the following will result in your inability to successfully complete required KYC checks and may prevent you from opening an account.
By proceeding to use or access any of our Services, you are certifying and agreeing that you are a lawful resident of a U.S. state or territory, and, if you are not an institutional user, that you are seeking to open an account for your own individual benefit.
1. Gate US Debit Card. When you hold Fiat Currency denominated in U.S. Dollars (USD) or Supported Digital Assets on Gate US, you may be given the option to apply for a Gate US Visa Debit Card (“Card”) – issued by Lead Bank, a Missouri state-chartered bank (the “Bank”), and managed by Bridge Ventures LLC, a Delaware Limited Liability Company, (“Bridge” or “Program Manager”). To use the Card, you must agree to the Gate US Card Terms (“Gate US Card Terms”) set out below, Bridge’s E-Sign Consent Disclosure Terms (“E-Sign Consent”), the Bridge Terms of Service, the Bridge Privacy Policy, the Lead Bank Prepaid Visa Cardholder Agreement (“Cardholder Agreement”), and the Lead Bank Privacy Policy, each as made available to you in connection with the Card application and onboarding process.
1.1. Role of the Gate US Card Terms. These Gate US Card Terms govern the basis upon which Gate US will provide you with the Card and your use of the Card, including within the Gate US Site. The Card is issued to you by the Bank, is managed by Bridge, and should be read in conjunction with the Cardholder Agreement and this User Agreement.
1.2. Role of the Card. The Card can be used to purchase goods and services from merchants that accept Visa, at point of sale terminals, over the telephone, online, or on payment platforms (“Card Transactions”). The Card account at Bridge (“Card Account”) will be linked to your USD Wallet and Digital Asset Wallet. You will be required to elect USD in your USD Wallet or a Supported Digital Asset in your Digital Asset Wallet as your default spending currency (“Preferred Spending Currency”) before you can use your Card and can update your Preferred Spending Currency at any time.
1.3. Card Services. Pursuant to the terms of your Cardholder Agreement, you may use the Card to make various Card Transactions. The Card may be used only to purchase goods and services from merchants that accept Visa. You cannot use the Card to obtain cash at ATMs, make ATM balance inquiries, make person-to-person transfers, arrange direct deposits, pay bills, or write checks or authorize ACH debits on the Card Account. The Card is a prepaid card funded only with available good funds; it is not a credit card and has no overdraft or credit feature. Funds associated with the Card are not eligible for FDIC insurance and earn no interest.
1.4. Supported Digital Asset as Preferred Spending Currency. When you select a Supported Digital Asset as your Preferred Spending Currency and use your Card, you authorize Gate US to facilitate your sale of your Supported Digital Asset, the proceeds of which you authorize Gate US to use to fund Card Transactions in USD.
1.4.1. Role of Gate US. Gate US is responsible for facilitating your sale of your Preferred Digital Asset (“Digital Asset Services”) when applicable, to other Gate US Customers and transferring funds to your Card Account to enable payments to merchants for the purchase of goods and services, in USD in the amount authorized by the Card Transaction (the “Purchase Price”).
1.4.2. When you select a Supported Digital Asset as your Preferred Spending Currency and use your Card to make a Card Transaction, you authorize the:
1.4.2.1. Sale of your Preferred Digital Asset in the amount of the Purchase Price plus the accompanying fees and charges described in the Cardholder Agreement if applicable and these Gate US Card Terms and Section 7.2 of this User Agreement (together, the “Total Purchase Price”) and converted at the prevailing trading rate on Gate US’s trading platform (“Exchange Rate”) (the “Total Transaction Price”) from your Digital Asset Wallet; and
1.4.2.2. Transfer of the Total Purchase Price in Fiat Currency from your Gate US USD Wallet to the Card Account so that Bridge can facilitate the transfer of: (i) the Purchase Price to the merchant (i.e., for the purchase of goods and services); and (ii) any fees and charges described in the Cardholder Agreement, except for any fees and charges described in this User Agreement via the Visa Card Scheme (“Card Scheme”).
1.5. Applying for the Card. If you apply for a Card, you will be required to provide certain personal information. You agree that we may share personal information you previously provided to us under our Privacy Policy to verify your identity, with Bridge and with service providers acting on our behalf or on Bridge’s behalf solely to verify your identity or address, and/or to manage risk as required under applicable law. Personal information shared with Bridge will be treated in accordance with its Privacy Policy, and personal information shared with Lead Bank will be treated in accordance with its Privacy Policy. If you do not provide this information, or if Bridge is unable to verify your identity with the information provided by Gate US, your application for a Card will not be considered. We may refuse to facilitate processing of your application through Bridge if we determine in our sole discretion that you are in breach of the terms of the User Agreement.
1.6. Activating the Card. You must sign a physical Card as soon as you receive it and must activate the Card to be able to use it. Activation instructions are set out on the packaging that the Card is attached to and within the Gate US Site. A virtual Card can be used immediately upon receipt and does not need to be activated.
1.7. Using the Card.
1.7.1. You agree that you will use the Card in accordance with these Gate US Card Terms, this User Agreement, and the Cardholder Agreement.
1.7.2. Your consent will be required in order to use the Card to make a Card Transaction. You may give your consent in the following ways depending on the type of Card Transaction that you are trying to make and the information required by the merchant:
1.7.2.1. Purchase of goods and services from a merchant on the merchant’s premises from a point of sale terminal: You may be required to enter the personal identification number (“PIN”) that we will arrange for you to receive from Bridge (or that you may choose) from time to time unless the Card Transaction is being made via a contactless card reader in which case the presentation of the Card will be sufficient to demonstrate consent.
1.7.2.2. Purchase of goods and services from a merchant by telephone, online, or on a payments platform: You may be required to provide Card details such as the Card number, expiration date, and three digit security code from the reverse side of the Card.
1.8. Errors or Unauthorized Transactions. Bridge Ventures LLC, a Delaware Limited Liability Company, is the Program Manager responsible for performing certain Card related functions on behalf of the Bank, including providing customer service to you. Program Manager may also engage third-party service providers to perform such functions. Gate US has engaged Program Manager to facilitate Gate US's offering and provision of the Card to you. Gate US will enable you to apply for, access, and manage the Card through the Gate US Site and mobile application. You may contact the Program Manager by visiting www.bridge.xyz.
If you believe your Card has been lost or stolen, you should contact Gate US Customer Service immediately at 1-877-357-2112.
If you believe that an error or unauthorized transaction has occurred, you should contact Bridge Customer Service immediately at 1-833-237-8104.
The Card is issued by the Bank and managed by Bridge; Gate US is not the issuer of the Card. Your liability for unauthorized Card transactions and the applicable error-resolution procedures are set out in the Cardholder Agreement and are governed by the Electronic Fund Transfer Act and Regulation E. Nothing in these Terms waives or limits any right you have under Regulation E.
1.9. Maximum Execution Time. The maximum execution time of the Card Transaction itself is dependent on actions being taken by the merchant, Card Scheme and/or other service providers. Gate US will use commercially reasonable endeavors to comply with and adhere to the Card Scheme’s settlement timing requirements.
1.10. Usage Limits. The usage limits for the Card are set out in your Cardholder Agreement.
1.11. Fees and Charges. When we perform the Digital Asset Services, Gate US will not charge transaction fees but will include a spread, in accordance with this User Agreement. You can find a list of our fees and charges on our Pricing and Fees Disclosures page which are separate from any fees and charges included in your Cardholder Agreement. You are at all times responsible for the Total Purchase Price in Fiat Currency and the Total Transaction Price in Supported Digital Asset when you make a Card Transaction.
1.12. Refunds. If you are entitled to a refund for any reason for goods or services obtained with your Card, the refund shall be processed in accordance with the terms set out your Cardholder Agreement. Once a refund has been posted by the merchant, we will arrange for it to be refunded to your USD Wallet in Fiat Currency.
1.13. Right to Charge Exchange Rates for Hold Returns. If your Card Transaction is subject to a preauthorization hold as described in your Cardholder Agreement, once the amount of the Total Purchase Price is received, we will arrange for any remaining amount to be refunded to your USD Wallet or Digital Asset Wallet (as applicable) in your Preferred Spending Currency, which shall be calculated using the Exchange Rate applicable at the time of refund.
1.14. Right to Debit, Access, or Offset Other Gate US Services. If for any reason you have insufficient Fiat Currency in your USD Wallet or insufficient Supported Digital Asset in the relevant Digital Asset Wallet selected to fund a Card Transaction, we reserve the right to debit, access, or offset the amount of all or part of the Card Transaction from any other Gate US Service that you obtain from us, including but not limited to any USD or Supported Digital Assets you hold today, or in the future, in any USD Wallet, Digital Asset Wallet, or in connection with any other Gate US Services. This includes situations where Gate US has granted you provisional credit in USD or Supported Digital Assets in connection with a disputed Card Transaction that is later resolved in favor of the opposing party.
1.15. Restriction, Suspension, and Termination. Card Transactions or your Card use may be restricted, suspended or terminated with immediate effect in situations where:
1.15.1. We are, in our reasonable opinion, required to do so by contract or by applicable law or any court or other authority to which we are subject in any jurisdiction;
1.15.2. We reasonably suspect you of acting in breach of these Gate US Card Terms (including any provision of this User Agreement), or the Cardholder Agreement;
1.15.3. We have concerns that a Card Transaction is erroneous or about the security of your Card or your Gate US Account or we suspect the Gate US Services are being used in a fraudulent or unauthorized manner;
1.15.4. We suspect money laundering, terrorist financing, fraud, or any other financial crime;
1.15.5. If your credit or debit card or any other valid payment method linked to your USD Wallet or Digital Asset Wallet is declined;
1.15.6. Use of your Gate US Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Gate US Account activity; or
1.15.7. You have insufficient USD in your USD Wallet or Supported Digital Assets in your Digital Asset Wallet to cover the Total Transaction Price of a relevant Card Transaction. If Card Transactions, your Card use and/or any or all Gate US Services are restricted, suspended or terminated in this way, we will (unless it would be unlawful for us to do so), provide you with notice of our actions and the reasons for refusal, restriction, suspension, or termination where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or termination. In the event that we decline a card transaction and/or restrict, suspend, or terminate your use of the Card and any/or any or all Gate US Services, we will reinstate the Card Transaction and/or lift the restriction, suspension, or termination as soon as reasonably practicable once the reasons for decline and/or restriction, suspension, or termination cease to exist.
1.16. These Gate US Card Terms and the Cardholder Agreement. In the event of a conflict between this User Agreement, including these Gate US Card Terms and the Cardholder Agreement, the provisions of the Cardholder Agreement shall prevail.
1.17. Gate US Liability. This section operates in addition to any limitation of liability expressed elsewhere in this User Agreement.
1.17.1. Gate US will not be liable to you for any loss arising from:
1.17.1.1. A merchant refusing to accept a Card;
1.17.1.2. Any breach by Gate US of the User Agreement due to abnormal or unforeseen circumstances beyond Gate US’s reasonable control, which would have been unavoidable despite Gate US’s efforts to stop it;
1.17.1.3. Bridge restricting, suspending, or terminating a Card or refusing to issue or replace a Card in accordance with these Gate US Card Terms;
1.17.1.4. Bridge declining a Card Transaction that you make or attempt to make using a Card;
1.17.1.5. Gate US restricting, suspending, or terminating your USD Wallet, Digital Asset Wallet, or any related Gate US Services; or
1.17.1.6. Gate US’s compliance with any applicable laws and regulations.
1.17.2. Gate US will not be liable for the goods or services that you purchase from a merchant using a Card.
1.17.3. Where a Card is faulty, Gate US’s liability shall be limited to assisting with the replacement of the Card.
These API Terms of Service (the ”API Terms”) describe your rights and responsibilities when accessing our application programming interfaces, software development kits, sample code, command line tools, developer tools and other related documentation and materials (collectively, ”APIs”) made available by Gate US, Inc. and/or its Affiliates (defined in clause 4.2) (referred to as ”Gate,” ”we,” ”our,” or ”us”) including, without limitation, through www.gate.com/en-us, APIs located on www.gate.com/en-us and any services made available through the websites, any associated mobile applications and APIs (collectively, the ”Services”), and any related software, forums, blogs, social media pages and other relevant platforms operated or maintained by Gate US, Inc. (collectively, the ”Sites”).
These API Terms shall be supplemental to and constitute part of the Gate User Agreement (which can be accessed at https://www.gate.com/en-us/legal/user-agreement) (the ”User Agreement”) and should be read in conjunction with the User Agreement. Therefore, unless otherwise stated in these API Terms, the capitalized terms used in these API Terms shall have the same meaning given to them under the User Agreement. Where a term is defined both in these API Terms and the User Agreement, for the purposes of these API Terms only, the definition in these API Terms shall prevail.
By accessing, downloading, using or connecting to APIs via the Sites, you agree that you have read, understood and accepted all terms and conditions stipulated in these API Terms, the User Agreement and the Privacy Policy (which can be accessed at https://www.gate.com/en-us/legal/privacy-policy) (the ”Privacy Policy”) of Gate US, Inc., alongside any other agreements you may be required to accept.
1.1 License to Access. We grant you a non-exclusive, worldwide, non-transferable, non-sublicensable, limited license to access our APIs only as necessary to develop, test, use and support an application or function with the Services. You may not sell, rent, lease, sublicense, redistribute, or syndicate access to any of our APIs without our prior written consent.
1.2 Restrictions. You must use the APIs only in accordance with these API Terms and in compliance with the User Agreement and Privacy Policy alongside any other agreements and policies as displayed by us on the Sites from time to time. In addition to the other terms and conditions in these API Terms, except as expressly set forth herein, you agree not to: (a) implement features or business practices, or use the APIs or any data or content from our Services or accessed via the APIs (”Content”) in a way that may harm the reputation or ecosystem of us; (b) disclose or provide the APIs or any security keys, secrets, tokens, certificates, or other access credentials to any third party, other than to your employees and service providers who are bound by written obligations at least as protective as these API Terms and for whose acts and omissions you remain fully responsible and liable to us; (c) use the APIs in a manner that violates any applicable law, regulation, or third-party right; (d) attempt to reverse engineer, decompile, or otherwise derive the source code of the APIs or related components; (e) introduce viruses, worms, malicious code, or other harmful components into the APIs or Services; (f) interfere with, disrupt, or place an unreasonable load on the APIs or Services; (g) use the APIs for the purposes of price arbitrage, market manipulation, front-running, spoofing, layering, wash trading, or otherwise exploiting pricing provided via the APIs; or (h) violate the User Agreement, the Privacy Policy, or any other policy governing your use of the Services. Any breach of these restrictions may result in suspension or termination of your access to the APIs and/or the Services.
2.1 Reservation of Rights. All rights, title and interest in, including all related intellectual property rights in our APIs, Content, and Services, are owned exclusively by us notwithstanding any other provision in these API Terms or the User Agreement. All of our rights not expressly granted by these API Terms are hereby retained.
2.2 Grant of License. You hereby grant us a royalty-free, fully-paid, non-exclusive, non-transferable, sub-licensable, worldwide right to use your data and technology, including but not limited to software, methodologies, templates, business processes, documentation, or other material authored, invented, or otherwise created or licensed, for the purpose of providing relevant training and implementation services and making available the Services to you. Subject to your compliance with these API Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license under our intellectual property rights during the period when these API Terms remain effective: (a) to use the APIs to develop, test, operate, and support your programming applications; (b) to distribute or allow access to your integration of the APIs within your programming application to your end users; and (c) to display the Content accessed through the APIs within your applications. You have no right to distribute or allow access to the stand-alone APIs.
2.3 Feedback. To the extent you provide any feedback regarding improvement to our APIs, you hereby grant us a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise use the feedback (including by incorporation of such feedback into the APIs) without restriction.
3.1 Confidential Information. Each party (the ”Disclosing Party”) may disclose ”Confidential Information” to the other party (the ”Receiving Party”) in connection with these API Terms, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. Notwithstanding the above, Confidential Information does not include information that: (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
3.2 Protection and Use of Confidential Information. The Receiving Party will: (a) take reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with these API Terms; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of these API Terms. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in these API Terms.
3.3 Compelled Access or Disclosure. The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure.
4.1 Representations. You represent, warrant, agree, and undertake that: (a) you have full capacity and authority and have obtained (and will maintain) and are in compliance with all necessary authorizations, consents, licenses, or approvals (whether under applicable laws or otherwise) required to (i) accept and agree to the terms of these API Terms, (ii) access the APIs, and (iii) receive our Services; (b) you have read and understood all the terms and conditions contemplated hereof and on relevant pages of the Sites and accept the conditions and limitations for each and every service available to you in connection with the APIs; (c) you have read and understood all the APIs description and relevant documentation provided to you or accessible by you via the Sites; (d) you understand the APIs have distinct processing logic, which means that our APIs may process transactions and calculate profit and loss in a distinct way; we hereby reserve the right to final interpretation of any underlying processing logic of our APIs, expressly disclaim all liabilities arising hereof, and you shall not hold us liable for any losses howsoever suffered by you in connection with the profits/loss calculation undertaken or transactions processed by the APIs; (e) you do not reside in any Restricted Locations as set out in the User Agreement, or in any other jurisdictions in which Gate has restricted the access of the APIs and Services; (f) you shall not open sub-accounts for any of your clients, customers, or any other entities who are restricted or prohibited from using our Sites and/or Services, including residents of Restricted Locations and persons or entities subject to applicable sanctions, and you will not facilitate transactions, directly or indirectly, on behalf of, or for the benefit of, any such persons or entities; (g) any persons empowered to act on your behalf have been duly authorized; (h) you have complied and shall comply with all applicable laws in all jurisdictions relevant to your access of our APIs and your applications; (i) all information and documents provided by you or on your behalf to Gate in connection with the services contemplated under these API Terms and/or for the purpose of access to the APIs are true, accurate, complete, and not misleading in any and all respects; and (j) you shall not knowingly or recklessly permit the use of our APIs, Sites, or Services in a manner liable to bring Gate into disrepute, and shall not knowingly or recklessly create, maintain, or exacerbate manipulations or violations of any applicable laws or otherwise act in a manner substantially detrimental to the interests or welfare of Gate or its users.
4.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE APIs AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED BY US ON AN ”AS IS” AND ”AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY CONDITION THAT THE APIs WILL BE UNINTERRUPTED, TIMELY, WITHOUT DELAY, SECURE, OR ERROR-FREE AND THAT THE CONTENT IS FREE OF ERRORS, BUGS, OR INTERRUPTIONS, OR THAT THE CONTENT IS ACCURATE, COMPLETE, OR OTHERWISE VALID. YOUR USE OF THE CONTENT AND APIs IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE CONTENT AND APIs TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE CONTENT OR APIs WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
4.3 Limitation of Liability. IN NO EVENT WILL OUR OR OUR AFFILIATE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE API TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED ANY SERVICE FEE PAID IN THE PRECEDING MONTH. IN NO EVENT WILL WE OR OUR AFFILIATE BE LIABLE FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED IN RELATION TO, IN CONNECTION WITH, OR ARISING OUT OF THE APIs, SITES, CONTENT, AND OUR SERVICES (PARTICULARLY ANY DAMAGES OR LOSSES RELATING TO OR RESULTING FROM ANY SYSTEM OR TECHNOLOGY BREAKDOWNS AND/OR INTERRUPTIONS, SECURITY ISSUES, ERRORS, AND DELAYS HOWSOEVER CAUSED), WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE FOREGOING DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. For the avoidance of doubt, ”Affiliate” of any specified party in this document means any person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the specified party. The term ”control” (including the terms ”controlling,” ”controlled by,” and ”under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
5.1 Indemnity. You will defend us and our Affiliates (each, an ”Indemnified Party”) from and against any and all losses, third-party claims, actions, suits, proceedings, and demands arising from or related to your violation, contravention, or breach of any provisions (including any representations and warranties made hereof) of these API Terms, the User Agreement, and the Privacy Policy, and will indemnify each Indemnified Party for all reasonable attorneys’ fees incurred and damages and other costs finally awarded against an Indemnified Party in connection with or as a result of, and for amounts paid by an Indemnified Party under any settlement. We will cooperate with any reasonable requests assisting your defense and settlement of such matter.
5.2 Limitations on Indemnification. Notwithstanding anything contained in the preceding clause, no settlement may be entered into by you, without our express written consent (such consent not to be unreasonably withheld), especially if: (a) the third party asserting the claim is a government agency; (b) the settlement arguably involves the making of admissions; (c) the settlement does not include a full release of liability; or (d) the settlement includes terms other than a full release of liability and the payment of money.
6.1 Modifications. We reserve the right to make modifications to our APIs in our sole discretion at any time, including backwards-incompatible changes. We may make such changes with or without prior notice to you. We expressly disclaim any representation that your use of APIs will be uninterrupted, timely, without delay, secure, or error-free, and that the APIs will be compatible following each modification. We also reserve the right to make changes or modifications to these API Terms, affiliated service terms, activities terms, or announcement from time to time, in our sole discretion without notice to you. The amended terms will be deemed effective immediately upon posting. Your continued use of the Sites, the Services, and access to the APIs acts as acceptance of such changes or modifications. If you do not agree to any amended terms, you must discontinue using or accessing our Service.
You may terminate these API Terms by discontinuing use of our APIs. We may immediately terminate these API Terms and any rights granted herein with or without cause, and without notice to you. Without limiting the foregoing, we may limit your access to the APIs in our sole discretion, which may negatively affect your application and/or your business, our Services, or our ability to provide the Services. We will not be liable to you or any third party for any costs or damages as a result of termination of these API Terms. Upon termination of these API Terms, all rights and licenses granted to you will terminate immediately. You understand that any APIs that are not made generally available but that are otherwise made available to you are our confidential information. Upon termination, you will promptly destroy copies of any documentation and any other information in your possession or control that was received under these API Terms.
8.1 Severability. The terms and conditions of these API Terms are severable. If any term or condition of these API Terms is ruled invalid or unenforceable, the term or condition may be interpreted by the applicable laws, without prejudice to the continuation of the remaining terms and conditions.
8.2 Force Majeure. We will not be liable by reason of any failure or delay in the performance of our obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
8.3 Waiver. No failure or delay by either party in exercising any right under these API Terms will constitute a waiver of that right. No waiver under these API Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
8.4 Assignment. You may not assign or delegate any rights or obligations hereunder, whether by operation of law or otherwise, without prior written consent from us. Notwithstanding the foregoing, we may assign these API Terms in their entirety, without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section is void.
8.5 Notice. Except as otherwise set forth herein, all notices under these API Terms will be by email, although if you have a Services account, we may instead choose to provide notice to you through the Services. Notices will be deemed to have been duly given (a) the day after they are sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
8.6 Survival. Sections 1.2 (Restrictions), 2 (Ownership and Intellectual Property Rights), 3 (Confidentiality), 4 (Representations; Disclaimer of Warranties), 5 (Indemnification), and 6 (Modifications) will survive any termination or expiration of these API Terms, together with any other provision required for their construction or enforcement.
This Annex I (this ”Internal Transfer Annex”) incorporates by reference and supplements the Gate US User Agreement (the ”Agreement”) as if the entirety of the Agreement were set forth in this Internal Transfer Annex. Capitalized terms used but not defined in this Internal Transfer Annex have the meanings given to them elsewhere in the Agreement. In the event of a conflict between the Agreement and this Internal Transfer Annex, the terms of this Internal Transfer Annex will control solely to the extent of the conflict and solely with respect to the subject matter of this Internal Transfer Annex.
Gate US may, in its sole discretion, make available to eligible users the option to send or receive supported Digital Assets to or from other eligible Gate US users on the Platform (the ”Internal Transfer Service”) for personal use, subject to this Agreement and to your fulfillment of all applicable eligibility criteria. The Internal Transfer Service is a Service provided by Gate US and is not a separate product or service offered by any third party.
GATE US MAKES NO REPRESENTATION OR WARRANTY THAT THE INTERNAL TRANSFER SERVICE IS APPROPRIATE FOR USE IN ALL LOCATIONS, OR THAT THE TRANSACTIONS DESCRIBED HEREIN ARE AVAILABLE OR APPROPRIATE FOR ENTRY INTO OR USE IN ALL JURISDICTIONS OR BY ALL PARTIES. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF AS TO THE LEGAL REQUIREMENTS AND TAX CONSEQUENCES OF USING THE INTERNAL TRANSFER SERVICE WITHIN ALL JURISDICTIONS APPLICABLE TO YOU. GATE US IS NOT RESPONSIBLE FOR THE TAX CONSEQUENCES TO YOU OF PARTICIPATING IN THE INTERNAL TRANSFER SERVICE.
You may use the Internal Transfer Service only if (i) you satisfy the general eligibility criteria of the Agreement, including the Restricted Party provisions in Section 2.3 and any Institutional Customer requirements in Section 2.2, (ii) your Gate US Account is in good standing, has completed all required identity verification, and is not subject to any suspension or restriction, and (iii) your use of the Internal Transfer Service is not prohibited by, and would not cause Gate US to violate, any applicable law or regulation. Gate US may, at any time and at its sole discretion, impose additional eligibility criteria on use of the Internal Transfer Service, including criteria specific to a jurisdiction, customer category, Digital Asset, or transfer size.
The Internal Transfer Service may be used only for personal, non-commercial purposes. You may not use the Internal Transfer Service to make payments to third parties for goods, services, rents, royalties, or in connection with any business, trade, or profession, except as Gate US may expressly permit in writing.
The Internal Transfer Service will only be offered in select jurisdictions, with respect to select Digital Assets, and to select categories of users, in each case at Gate US’s sole discretion. The Internal Transfer Service is subject to change, suspension, restriction, or discontinuation in whole or in part at any time and from time to time, in each case in Gate US’s sole discretion and with or without notice to you. Without limiting the foregoing, Gate US may temporarily disable the Internal Transfer Service for any user, jurisdiction, or Digital Asset for any reason, including operational, compliance, regulatory, risk, or commercial reasons. Gate US shall have no liability to you or to any third party arising from any such suspension, restriction, or discontinuation.
2.1 Initiating an Internal Transfer. To initiate a transfer of Digital Assets through the Internal Transfer Service (an ”Internal Transfer”), you (the ”Sender”) must provide instructions to Gate US designating (i) the type and amount of Digital Asset in your Wallet that you wish to transfer, and (ii) the intended recipient of the transfer (the ”Transfer Instructions”). By submitting the Transfer Instructions and confirming the transaction, you authorize Gate US to transfer the designated Digital Assets from your Wallet to the Wallet of the recipient you have selected.
2.2 Sufficient Balance Required. You must hold sufficient Digital Assets of the designated type and amount in your Wallet at the time you submit your Transfer Instructions. If you do not, Gate US may, at its sole discretion, (a) reject the Transfer Instructions, (b) place the transfer in a pending state until sufficient Digital Assets are available, or (c) cancel the transfer. Gate US is not obligated to convert other Digital Assets in your Wallet to satisfy an Internal Transfer.
2.3 Identifying a Recipient. You may designate the recipient of an Internal Transfer by entering one of the following identifiers associated with the recipient’s Gate US Account: (i) the recipient’s Gate US user identification number (”UID”); (ii) the recipient’s registered mobile telephone number; or (iii) the recipient’s registered email address. You may only initiate an Internal Transfer to a Gate US Account user who is then eligible to use the Internal Transfer Service. You are solely responsible for ensuring the accuracy of any recipient identifier you provide. Gate US does not separately verify, at the time you submit Transfer Instructions, that the identifier you have entered corresponds to your intended recipient, and Gate US shall not be responsible for, and shall have no liability arising from, an Internal Transfer that is sent to an unintended recipient as a result of an inaccurate recipient identifier provided by you.
2.4 Asset Availability. An Internal Transfer may be initiated only with respect to Digital Assets that Gate US then supports for the Internal Transfer Service in both the Sender’s jurisdiction and the recipient’s jurisdiction. Gate US may, at any time and in its sole discretion, add or remove Digital Assets from those available through the Internal Transfer Service in any jurisdiction.
2.5 Limits. Gate US may impose limits on the size, frequency, or aggregate volume of Internal Transfers that you may initiate or receive within any specified period, including without limitation per-transaction, daily, weekly, or monthly limits. Such limits may differ by user, jurisdiction, Digital Asset, or account category, and may be changed at any time without prior notice.
2.6 Timing and Title Transfer. When you submit Transfer Instructions and confirm the transaction, Gate US will begin processing the transfer instruction, and the designated Digital Assets may leave your Wallet as soon as you confirm the transaction. Title to any Digital Assets you transfer through the Internal Transfer Service will transfer to the recipient immediately upon successful completion of the Internal Transfer.
2.7 Pending Internal Transfers. An Internal Transfer may show a ”Pending” status in your Gate US Account for a period of time depending on, among other things, Gate US’s risk and compliance reviews, system processing, and the eligibility status of the recipient. A Pending Internal Transfer may either fail or eventually settle as a successful Internal Transfer.
2.8 Failed Internal Transfers. An Internal Transfer may fail for a number of reasons, including, without limitation: insufficient Digital Assets in your Wallet at the time of processing; ineligibility of the Sender or recipient; the Digital Asset becoming unavailable in the Sender’s or recipient’s jurisdiction; failure of Gate US’s risk, compliance, fraud, anti-money laundering, sanctions, or other reviews; suspension or termination of the Sender’s or recipient’s Gate US Account; or any operational, technical, or regulatory reason. In the case of a failed Internal Transfer, the designated Digital Assets will remain in or be returned to the Sender’s Wallet, and Gate US shall have no liability arising from such failure.
2.9 Cancellation; Irreversibility. All completed Internal Transfers are final and generally cannot be reversed. You should carefully verify all transaction information, including the recipient identifier, prior to submitting Transfer Instructions. In limited circumstances, you may have the opportunity to request cancellation of a Pending Internal Transfer, but Gate US may refuse any such cancellation request in its sole discretion. If Gate US fulfills any such cancellation request, that does not mean Gate US will fulfill future cancellation requests in the same or similar circumstances. Gate US may additionally cancel, hold, reverse, or refuse to process any Pending or completed Internal Transfer as required by applicable law, court order, or other governmental authority, or as Gate US determines to be necessary to comply with its risk, compliance, fraud, anti-money laundering, sanctions, or other obligations.
Each Internal Transfer is subject to Gate US’s risk, compliance, anti-money-laundering, counter-terrorist-financing, and sanctions screening procedures, as well as those of any third-party service provider Gate US may use. Without limiting any other right of Gate US under this Agreement, Gate US may, with or without notice to you, decline, delay, place a hold on, suspend, reverse, freeze, or unwind any Internal Transfer or otherwise restrict your access to the Internal Transfer Service, in whole or in part, for any reason, including (i) where Gate US suspects fraud, theft, money laundering, terrorist financing, market or sanctions abuse, or any other unlawful activity; (ii) where the Sender or recipient appears on, or transacts with persons appearing on, any list of specially designated nationals or other sanctions list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control or any other governmental authority with jurisdiction over Gate US; (iii) where Gate US has been requested or required by a court, regulatory, or governmental authority to take such action; or (iv) where Gate US determines, in its sole discretion, that such action is necessary to comply with applicable law or to protect the integrity of the Services. You agree to provide Gate US with such information and documentation as Gate US may reasonably request in connection with any such review, hold, or restriction.
Gate US’s fees, if any, for the Internal Transfer Service will be disclosed on the Site or otherwise made available to you prior to the time you submit Transfer Instructions. Gate US may change such fees from time to time in accordance with Section 1 of the Agreement. The Sender is responsible for all fees applicable to an Internal Transfer unless Gate US specifies otherwise.
You are solely responsible for your use of the Internal Transfer Service. Gate US makes no representations, warranties, or guarantees that the Internal Transfer Service will function or perform in accordance with your expectations. Without limiting Section 18 of the Agreement (Limitation of Liability; Disclaimer of Damages) or any other limitation in this Agreement, Gate US shall not be liable for any loss, liability, or damage you may incur, directly or indirectly, in connection with the Internal Transfer Service, including without limitation any loss arising from: (i) any action taken by you, including providing inaccurate or insufficient Transfer Instructions, that results in an unintended, mistaken, or accidental transfer; (ii) insufficient Digital Assets in your Wallet to complete the Internal Transfer in accordance with your Transfer Instructions; (iii) any malfunction of the Internal Transfer Service due to circumstances beyond Gate US’s reasonable control; or (iv) any suspension, restriction, or discontinuation of the Internal Transfer Service in whole or in part.
Sending or receiving Digital Assets through the Internal Transfer Service may constitute a taxable transaction. You alone are responsible for determining whether your use of the Internal Transfer Service is subject to tax and for reporting and remitting any applicable taxes to the appropriate tax authorities. Gate US has no responsibility or liability for determining whether any Internal Transfer is subject to tax or for collecting, reporting, withholding, or remitting any taxes arising from any Internal Transfer, except as required by applicable law. Notwithstanding anything in this Annex to the contrary, you acknowledge and agree that Gate US may have legal obligations to make, and will make as required, reports and filings to relevant tax authorities concerning Internal Transfers.
Gate US may suspend, restrict, or terminate your access to the Internal Transfer Service, in whole or in part, for any reason permitted by this Agreement, including without limitation Sections 9 (Changes; Suspension; Termination), and Section 3 of this Annex. Suspension or termination of your access to the Internal Transfer Service does not, by itself, suspend or terminate your access to any other Service or your Gate US Account, but Gate US may exercise such broader rights as set out in the Agreement. Upon any termination of your Gate US Account, your access to the Internal Transfer Service will likewise terminate.
This Annex J (this ”Gift Card Annex”) incorporates by reference and supplements the Gate US User Agreement (the ”Agreement”) as if the entirety of the Agreement were set forth in this Gift Card Annex. Capitalized terms used but not defined in this Gift Card Annex have the meanings given to them elsewhere in the Agreement. In the event of a conflict between the Agreement and this Gift Card Annex, the terms of this Gift Card Annex will control solely to the extent of the conflict and solely with respect to the subject matter of this Gift Card Annex.
Gate US may, in its sole discretion, make available to eligible users the ability to create, send, and redeem packaged transfers of supported Digital Assets between two verified Gate US users in a gift-card format (the ”Gift Card Service”). A gift card created using the Gift Card Service (a ”Gift Card”) represents a packaged transfer of a designated amount of a supported Digital Asset from the creator (the ”Sender”) to a recipient that is, or that becomes prior to redemption, an eligible Gate US user. The Gift Card Service is a Service of Gate US and is not a stored-value instrument, prepaid access product, or other instrument issued by, or representing an obligation of, any third party.
GATE US MAKES NO REPRESENTATION OR WARRANTY THAT THE GIFT CARD SERVICE IS APPROPRIATE FOR USE IN ALL LOCATIONS, OR THAT THE TRANSACTIONS DESCRIBED HEREIN ARE AVAILABLE OR APPROPRIATE FOR ENTRY INTO OR USE IN ALL JURISDICTIONS OR BY ALL PARTIES. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF AS TO THE LEGAL REQUIREMENTS AND TAX CONSEQUENCES OF USING THE GIFT CARD SERVICE WITHIN ALL JURISDICTIONS APPLICABLE TO YOU. GATE US IS NOT RESPONSIBLE FOR THE TAX CONSEQUENCES TO YOU OF PARTICIPATING IN THE GIFT CARD SERVICE.
You may use the Gift Card Service only if (i) you satisfy the general eligibility criteria of the Agreement, including the Restricted Party provisions in Section 2.3, (ii) your Gate US Account is in good standing, has completed all required identity verification, and is not subject to any suspension or restriction, and (iii) your use of the Gift Card Service is not prohibited by, and would not cause Gate US to violate, any applicable law or regulation. Gate US may, at any time and at its sole discretion, impose additional eligibility criteria on use of the Gift Card Service, including criteria specific to a jurisdiction, customer category, supported Digital Asset, or transfer size.
The Gift Card Service may be used only for personal, non-commercial purposes. You may not use the Gift Card Service to make payments to third parties for goods, services, rents, royalties, or in connection with any business, trade, or profession, except as Gate US may expressly permit in writing. You may not use the Gift Card Service to evade tax-reporting, sanctions screening, or any other obligation that would otherwise apply to a direct transfer of Digital Assets between you and the recipient.
The Gift Card Service will only be offered in select jurisdictions, with respect to select supported Digital Assets, and to select categories of users, in each case at Gate US’s sole discretion. The Gift Card Service is subject to change, suspension, restriction, or discontinuation in whole or in part at any time and from time to time, in each case in Gate US’s sole discretion and with or without notice to you. Gate US may temporarily disable the Gift Card Service for any user, jurisdiction, or supported Digital Asset for any reason, including operational, compliance, regulatory, risk, or commercial reasons, and shall have no liability arising from any such suspension, restriction, or discontinuation.
2.1 Creation Instructions. To create a Gift Card, you (as Sender) must specify (i) the type of supported Digital Asset and the face amount of the Gift Card; (ii) the funding source from which the face amount, together with any applicable fees, will be debited; and (iii) any optional presentation elements made available by Gate US, such as a Gift Card template, image, or message. By submitting Gift Card creation instructions and confirming the transaction, you authorize Gate US to debit your funding source for the face amount plus any applicable fees and to reserve the face amount on Gate US’s internal ledgers pending redemption.
2.2 Funding the Face Amount. You may fund the face amount of a Gift Card using a Digital Asset balance in your Wallet of the same type as the Gift Card face amount, or, where Gate US makes such functionality available, using a different Digital Asset that Gate US converts at then-prevailing rates to the face-amount Digital Asset, in which case applicable conversion fees and spreads apply. You must hold sufficient balance in your funding source to cover the face amount plus any applicable fees at the time you submit creation instructions, failing which Gate US may reject the creation request.
2.3 Cross-Currency Funding; Tax Treatment. Cross-currency funding may result in a taxable event for U.S. tax purposes (a sale or exchange of the funding Digital Asset). You are solely responsible for determining the tax consequences of creating a Gift Card; see Section 7 of this Annex.
2.4 Limits. Gate US may impose limits on the minimum and maximum face amount of any Gift Card, on the total face amount of Gift Cards a user may create or hold within any specified period, on the supported Digital Assets eligible for the Gift Card Service, and on the number or aggregate value of Gift Cards a recipient may redeem within any specified period. Such limits may differ by user, jurisdiction, Digital Asset, or account category, and may be changed at any time without prior notice. Gate US will disclose the then-applicable material limits or limitations of use for the Gift Card Service, including any minimum or maximum face amounts, supported Digital Assets, Redemption Window, and jurisdictional or account-category restrictions, through the Site or otherwise at or before the time you confirm the relevant Gift Card creation, send, or redemption.
2.5 Gift Card Identifier and Redemption Code. Each Gift Card is identified by a unique gift card identifier and an associated redemption code (a “Redemption Code”). The Redemption Code is required to redeem the Gift Card and should be treated as confidential by the Sender until shared with the intended recipient. Possession of a valid Redemption Code by an eligible Gate US Account holder is sufficient for Gate US to honor a redemption attempt as described in Section 4 below.
3.1 Distribution Methods. Once created, a Gift Card may be sent to a recipient using one of the following methods made available by Gate US from time to time: (i) directly to a verified Gate US user designated by Gate US user identification number (”UID”), registered mobile telephone number, or registered email address, in which case the Gift Card and Redemption Code are credited to the recipient’s Gate US Account upon successful send; or (ii) by Redemption Code or by a redemption link generated by Gate US, which the Sender may share with the intended recipient through any means selected by the Sender. The recipient must be, or must become prior to claiming the Gift Card, an eligible Gate US Account holder in good standing.
3.2 Sender Responsibility for Recipient Identifiers and Codes. You are solely responsible for ensuring the accuracy of any recipient identifier you provide and for ensuring that any Redemption Code or redemption link is delivered to the intended recipient. Gate US is not responsible for, and shall have no liability arising from, any Gift Card that is sent to, claimed by, or redeemed by an unintended recipient as a result of an inaccurate identifier provided by you, the Sender’s sharing of a Redemption Code or redemption link with an unintended third party, or any other action or inaction by the Sender. Once a Gift Card is successfully redeemed by any eligible Gate US Account holder using a valid Redemption Code, title to the underlying Digital Asset transfers to that user, and the transaction is final and irreversible.
4.1 Redemption Requirements. To redeem a Gift Card, the recipient must (i) be an eligible Gate US Account holder in good standing that has completed all required identity verification, (ii) be eligible to use the Gift Card Service in the recipient’s jurisdiction at the time of redemption, and (iii) submit a valid Redemption Code (or, in the case of a direct send under Section 3.1(i), accept the Gift Card delivered to the recipient’s Gate US Account). Upon successful redemption, the face amount of the Gift Card in the underlying supported Digital Asset is credited to the recipient’s Wallet, and title to that Digital Asset transfers from the Sender to the recipient.
4.2 Recipient Not Yet a Verified Gate US User. If the recipient of a Redemption Code is not yet a Gate US Account holder, or has not completed identity verification, the recipient must open a Gate US Account, complete identity verification, and satisfy all other eligibility requirements before redeeming the Gift Card. Gate US is under no obligation to approve any prospective recipient for a Gate US Account, and a Gift Card that cannot be redeemed by the intended recipient will be subject to the unredeemed/expiration provisions of Section 5 below.
4.3 Single Redemption. Each Redemption Code may be redeemed only once. Once a Gift Card has been successfully redeemed, the Redemption Code has no further value and any subsequent redemption attempts using the same Redemption Code will be rejected.
5.1 Redemption Window; Automatic Return. A Gift Card will remain redeemable for the period specified by Gate US at the time of creation (the ”Redemption Window”). If a Gift Card has not been redeemed by the end of its Redemption Window, the reserved face amount, in the underlying supported Digital Asset, will be returned to the Sender’s Wallet (less any applicable fees that have already accrued and that Gate US is not required by applicable law to refund). The Sender remains responsible for any tax consequences of the original creation transaction, including any consequences arising from a cross-currency funding described in Section 2.3.
5.2 Nature of the Service; State Gift-Card Laws. Gate US’s practice of returning unredeemed Gift Card face amounts to the Sender is provided as a convenience and is not intended to create any expectation of, or right to, any particular form of value, including any cash equivalent, that may otherwise be associated with the term ”gift card” under state law. A Gift Card under this Annex J is a packaged Digital Asset transfer between two Gate US users and is not a general-use prepaid card, store gift card, or similar product, and is not intended to be subject to general state gift-card or unclaimed-property statutes; however, to the extent any such statute is held to apply, Gate US will comply with its obligations thereunder.
Each Gift Card creation, send, and redemption transaction is subject to Gate US’s risk, compliance, anti-money-laundering, counter-terrorist-financing, and sanctions screening procedures, as well as those of any third-party service provider Gate US may use. Each of the Sender, the recipient, and any person attempting to redeem a Gift Card must satisfy those screening procedures. Without limiting any other right of Gate US under this Agreement, Gate US may, with or without notice to you, decline, delay, place a hold on, suspend, reverse, freeze, or unwind any Gift Card creation, send, or redemption (i) where Gate US suspects fraud, theft, money laundering, terrorist financing, market or sanctions abuse, or any other unlawful activity; (ii) where any of the Sender, the recipient, or any other person involved in the transaction appears on, or transacts with persons appearing on, any list of specially designated nationals or other sanctions list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control or any other governmental authority with jurisdiction over Gate US; (iii) where Gate US has been requested or required by a court, regulatory, or governmental authority to take such action; or (iv) where Gate US determines, in its sole discretion, that such action is necessary to comply with applicable law or to protect the integrity of the Services. You agree to provide Gate US with such information and documentation as Gate US may reasonably request in connection with any such review, hold, or restriction.
The creation, sending, and redemption of a Gift Card may constitute one or more taxable events. Without limiting the general provisions of Section 7 of the Agreement (Taxes): (i) cross-currency funding of a Gift Card may result in a sale or exchange of the funding Digital Asset for the face-amount Digital Asset; (ii) the transfer of Digital Assets to a recipient through redemption of a Gift Card may have tax consequences to the Sender, the recipient, or both; and (iii) the return to the Sender of an unredeemed Gift Card face amount may have additional tax consequences. You alone are responsible for determining whether your use of the Gift Card Service is subject to tax and for reporting and remitting any applicable taxes to the appropriate tax authorities. Gate US has no responsibility or liability for determining whether any Gift Card transaction is subject to tax or for collecting, reporting, withholding, or remitting any taxes arising from any Gift Card transaction, except as required by applicable law. Gate US may have legal obligations to make, and will make as required, reports and filings to relevant tax authorities concerning Gift Card transactions, including in coordination with the third-party tax-reporting service provider described in Section 7 of the Agreement.
Gate US’s fees, if any, for the Gift Card Service (including without limitation Gift Card creation fees, redemption fees, and any conversion fees or spreads arising from cross-currency funding) will be disclosed on the Site or otherwise made available to you prior to the time you confirm a Gift Card creation, send, or redemption. Gate US may change such fees from time to time in accordance with Section 1 of the Agreement. The Sender is responsible for all fees applicable to a Gift Card unless Gate US specifies otherwise.
You are solely responsible for your use of the Gift Card Service. Gate US makes no representations, warranties, or guarantees that the Gift Card Service will function or perform in accordance with your expectations. Without limiting Section 18 of the Agreement (Limitation of Liability; Disclaimer of Damages) or any other limitation in this Agreement, Gate US shall not be liable for any loss, liability, or damage you may incur, directly or indirectly, in connection with the Gift Card Service, including without limitation any loss arising from: (i) any action taken by you, including providing inaccurate or insufficient creation, send, or redemption instructions, that results in an unintended, mistaken, or accidental transfer; (ii) sharing a Redemption Code or redemption link with, or otherwise allowing it to be obtained by, an unintended third party; (iii) any malfunction of the Gift Card Service due to circumstances beyond Gate US’s reasonable control; or (iv) any suspension, restriction, or discontinuation of the Gift Card Service in whole or in part.
Gate US may suspend, restrict, or terminate your access to the Gift Card Service, in whole or in part, for any reason permitted by this Agreement, including without limitation Sections 9 (Changes; Suspension; Termination) of the Agreement and Section 6 of this Annex. Suspension or termination of your access to the Gift Card Service does not, by itself, suspend or terminate your access to any other Service or your Gate US Account, but Gate US may exercise such broader rights as set out in the Agreement. Upon any termination of your Gate US Account, your access to the Gift Card Service will likewise terminate, and any Gift Card that you have created and that remains unredeemed at the time of termination will be handled in accordance with Section 5.1 of this Annex and Section 15 of the Agreement, as applicable.
This Annex K (this “Rewards Hub Annex”) incorporates by reference and supplements the Gate US User Agreement (the “Terms”). Capitalized terms not defined here have the meanings given in the Terms. In the event of a conflict between this Annex and the Terms with respect to the Rewards Hub, this Annex controls solely as to that subject matter.
K.1. Overview. The Rewards Hub is an optional promotional program through which eligible customers may complete designated activities (“Tasks”) — such as daily check-ins, deposit milestones, or spot-trading volume milestones — to earn promotional credits (“Credits”). Credits may be redeemed within the Rewards Hub “Credits Mall” for vouchers or other promotional items (“Rewards”) that we make available from time to time. The Rewards Hub is separate from the Next Up Rewards Program (Annex C) and any other promotion.
K.2. Nature of Credits and Rewards. Credits and Rewards are promotional only. Credits (a) have no cash or monetary value; (b) are not your money, funds, a deposit, e-money, or stored value; (c) are not a security or investment; (d) are non-transferable and may not be sold, assigned, transferred between accounts, or redeemed for cash; and (e) may be redeemed only within the Rewards Hub, subject to availability. Items in the Credits Mall are limited in daily quantity, refresh at 00:00 UTC, and are not guaranteed.
K.3. Eligibility. The Rewards Hub is available only to verified retail customers who have completed identity verification and who access the Services from U.S. jurisdictions in which we are authorized to operate. Subaccounts and institutional, API, and affiliate accounts are not eligible, and their activity is not counted. Stablecoin trades are not counted toward Rewards Hub trading volume.
K.4. Earning and Claiming. The Tasks, thresholds, and Credit values are described on the Rewards Hub page. Credits must be claimed manually, and certain Credits must be claimed on the same day the Task is completed; unclaimed Credits may be forfeited. We determine in our reasonable discretion whether a Task has been completed.
K.5. Anti-Abuse; Clawback. We may, in our reasonable discretion, withhold, reverse, void, or claw back Credits or Rewards, disqualify you, and restrict, suspend, or close your Account if we suspect manipulation, abuse, multiple or fake accounts, collusion, fraud, or error, or any violation of the Terms or applicable law.
K.6. Amendment; Termination. We may amend, suspend, or terminate the Rewards Hub, or any Task, Credit, Reward, or rule, at any time as permitted by applicable law. The latest version published on the Rewards Hub page controls, subject to any advance-notice requirements in the Terms.
K.7. Taxes. Credits and Rewards may be taxable to you. You are responsible for any taxes arising from your participation, as described in the “Taxes” section of the Terms, and we may report and/or withhold as required by applicable law.
K.8. No Advice; Risk; Availability. The Rewards Hub is provided for promotional purposes, is not investment, tax, or legal advice, and is not an inducement to trade. Digital-asset activity involves risk. The Rewards Hub may be limited or unavailable in certain jurisdictions.
This Annex L (this “Referral Program Annex”) incorporates by reference and supplements the Gate US User Agreement (the “Terms”). Capitalized terms not defined here have the meanings given in the Terms. This Annex governs Gate US’s own Referral Program; for the avoidance of doubt, participation in the Referral Program is not a “Referral Marketing Program” of the type restricted under Annex A (Prohibited Use Policy). In the event of a conflict between this Annex and the Terms with respect to the Referral Program, this Annex controls solely as to that subject matter.
L.1. Overview. The Referral Program lets eligible customers (“Referrers”) invite others (“Referees”) using a unique referral link or code. When a Referee creates an account through the Referrer’s link and completes designated tasks, both parties may earn rewards (such as trading-fee rebate vouchers), subject to this Annex.
L.2. Referral Relationship. A referral relationship is established only when a Referee creates a Gate US account through the Referrer’s unique referral link. Referral data may take up to 24 hours to update. We determine attribution in our reasonable discretion.
L.3. Eligibility. The Referral Program is available only to verified retail customers who access the Services from U.S. jurisdictions in which we are authorized to operate. Self-referrals, duplicate or fake accounts, and institutional, API, and affiliate accounts are not eligible. Both the Referrer and the Referee must satisfy applicable eligibility and verification requirements.
L.4. Rewards. Qualifying tasks, reward amounts, tiers, and any caps are described on the Referral Program page. Trading thresholds count spot trading only. Rewards are credited to both parties after the Referee completes the qualifying task and passes our system review, ordinarily within 24 hours. Rewards may not be combined with other referral events, are promotional, are non-transferable, and have no cash value except as expressly stated. No reward will be provided except in accordance with applicable U.S. federal and state laws and regulations, as Gate US may reasonably determine.
L.5. Anti-Abuse; Clawback. We may, in our reasonable discretion, withhold, reverse, void, or claw back rewards, disqualify participants, and restrict, suspend, or close Accounts for self-referral, fake or duplicate accounts, collusion, manipulation, fraud, or error, or any violation of the Terms or applicable law. Our determinations under this Annex are final absent manifest error.
L.6. Amendment; Termination. We may amend, suspend, or terminate the Referral Program or its rules at any time as permitted by applicable law. The latest version published on the Referral Program page controls, subject to any advance-notice requirements in the Terms.
L.7. Privacy. We collect and process information about the referral relationship, including your referral link or code, the accounts linked as Referrer and Referee, and task completion, to operate the Referral Program, attribute rewards, and prevent abuse, as described in our Privacy Policy.
L.8. Taxes. Rewards may be taxable to you, and you are responsible for any taxes arising from your participation in the Gate US’s referral program (“Referral Program”).
L.9. Miscellaneous. The Referral Program is offered only in U.S. jurisdictions in which we are authorized to operate, is not investment advice, and is not affiliated with, sponsored, or endorsed by Apple Inc.
This Annex M (this “OTC Annex”) incorporates by reference and supplements the Gate US User Agreement, excluding all other Annexes thereto (the “Agreement”) as if the entirety of the Agreement were set forth in this OTC Annex. Capitalized terms used but not defined in this OTC Annex have the meanings given to them elsewhere in the Agreement. In the event of a conflict between the Agreement and this OTC Annex, the terms of this OTC Annex will control solely to the extent of the conflict and solely with respect to the subject matter of this OTC Annex.
Gate US may, in its sole discretion, make available to eligible users an over-the-counter trading service (the “OTC Service”) through which you may buy or sell supported Digital Assets directly with Gate US in privately negotiated transactions, with a minimum size of $50,000 per transaction. Gate US acts as principal and as your sole counterparty in each OTC transaction.
GATE US MAKES NO REPRESENTATION OR WARRANTY THAT THE OTC SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. DIGITAL ASSETS ARE NOT LEGAL TENDER, ARE NOT BACKED BY ANY GOVERNMENT, AND ARE NOT SUBJECT TO FDIC OR SIPC PROTECTION. THE VALUE OF DIGITAL ASSETS CAN BE VOLATILE, AND YOU MAY LOSE VALUE BETWEEN THE TIME A QUOTE IS REQUESTED AND THE TIME A TRANSACTION SETTLES.
M.1. Eligibility. You may use the OTC Service only if you (i) maintain a Gate US Account in good standing, (ii) have completed Gate US’s highest identity-verification tier and any enhanced due diligence Gate US requires for the OTC Service (which may include documentation of your source of funds and source of wealth, occupation or business activities, and expected transaction activity), and (iii) are located in a jurisdiction where Gate US is licensed or otherwise permitted to provide the OTC Service. Gate US may approve, decline, suspend, or limit access to the OTC Service, or decline any individual transaction, in its sole discretion. You represent and warrant that any funds or Digital Assets you use in connection with the OTC Service are owned by you, or that you are duly authorized to use them, in each case free and clear of any liens, claims, or encumbrances.
M.2. Principal Capacity; No Advice. Gate US deals with you as principal for its own account. The price Gate US quotes is an all-in price that includes Gate US’s spread and may differ from prices available on Gate US’s exchange or on other venues. Gate US does not act as your agent, broker, or fiduciary; provides no investment, legal, or tax advice; makes no recommendation as to any transaction; and does not undertake to obtain the best available price. You are solely responsible for evaluating the merits and risks of each transaction.
M.3. Conflicts of Interest. Because Gate US acts as principal, its interests may differ from yours. Gate US may realize a profit (including through its spread) on a transaction on which you do not, may hold or trade the same Digital Assets for its own account, and may source liquidity from its affiliates. Gate US has no obligation to account to you for, or to disclose, any such profit, spread, or remuneration beyond the all-in price quoted to you.
M.4. Quotes; Acceptance.
M.4.1. Requesting and Accepting Quotes. You may request a quote through Gate US’s authenticated channels, which may include the Gate US platform’s request-for-quote tools or a Gate US-controlled, recorded messaging channel that you have linked to your verified Gate US Account. A quote is firm only during the validity window stated with it. A quote you accept through such a channel within its validity window forms a binding transaction at the quoted all-in price.
M.4.2. Expired Quotes; No Slippage Adjustment. Gate US will honor an accepted price within its validity window. A quote that expires before you accept it is void and must be re-requested. Gate US does not adjust the quoted price for market movement after you accept.
M.4.3. Confirmations. Upon your acceptance of a quote, Gate US will provide you with a confirmation stating the transaction terms, funding instructions, and the period within which you must fund the transaction (the “Funding Window”).
M.5. Funding and Settlement.
M.5.1. Same-Name Wire Funding. Fiat funding for the OTC Service must be sent by bank wire from an account held in your own name, and fiat disbursements will be made only to such a same-name account. Gate US does not accept cash, money orders, or third-party payments for the OTC Service.
M.5.2. Full Settlement; No Standing Balances. Each transaction settles in full on a per-transaction basis. Upon Gate US’s confirmed receipt of your funds or Digital Assets, Gate US will deliver or debit the corresponding Digital Assets, or remit the corresponding USD by wire, as applicable. Gate US does not hold fiat currency balances for you in connection with the OTC Service.
M.5.3. Returned Funds. Funds received from a third party, in excess of the transaction amount, or that cannot be matched to a quote you have accepted will be returned to the originating account, less any costs of return.
M.5.4. Digital Asset-Settled Transactions. A transaction may be executed entirely between supported Digital Assets (for example, a stablecoin against BTC or ETH). In that case, funding occurs by debit of the Digital Assets you sell from your Gate US Account and settlement by credit of the Digital Assets you purchase to your Gate US Account, each subject to Section M.6; the fiat funding provisions of this Section M.5 do not apply to such a transaction. The $50,000 minimum transaction size is measured as the U.S. dollar equivalent of the transaction at the time of the quote.
M.6. Digital Asset Delivery; External Wallets. Digital Assets you purchase are delivered to, and Digital Assets you sell are sourced from, your Gate US Account by default. Delivery to or from a wallet you control outside Gate US is available only where Gate US permits it and only after you complete first-party wallet verification and Gate US satisfies applicable funds-transfer (Travel Rule) requirements. The OTC Service supports only the Digital Assets Gate US designates for it from time to time.
M.7. Failure to Fund; Cancellation; Errors.
M.7.1. Failure to Fund. If you do not fund an accepted transaction within the stated Funding Window, Gate US may cancel the transaction, and you are responsible for Gate US’s reasonable costs of unwinding any related position. Repeated failures to fund may result in loss of OTC eligibility.
M.7.2. Manifest Error. In the event of a manifest error in a quote, confirmation, or the processing of a transaction, Gate US may correct the error, including by revising or canceling the affected transaction, and will notify you of any such correction.
M.8. Limits; Eligible Jurisdictions. Transactions are subject to per-customer and aggregate limits that Gate US establishes and may modify at any time. The OTC Service is offered only in jurisdictions where Gate US is licensed or otherwise permitted to provide it, and is not available in any of the Restricted Locations (as defined in the Agreement) or in any other jurisdiction Gate US designates from time to time.
M.9. Recording and Monitoring; Confidentiality.
M.9.1. Recorded Communications. You consent to Gate US recording, monitoring, and retaining communications relating to the OTC Service, including quote requests, acceptances, and related instructions, and you agree that such records may serve as evidence of the terms of a transaction.
M.9.2. Confidentiality. Gate US will treat your order information and identity as confidential and will not disclose them except to its service providers and counterparties, as necessary to provide the OTC Service to you and subject to confidentiality obligations, or as required by applicable law or Gate US’s risk and compliance program.
M.10. Risk Disclosure; No Insurance. Digital Assets are not legal tender, are not backed by any government, and are not subject to FDIC or SIPC protection. Digital asset prices are volatile, and you bear the risk of price movement, including between the time a quote is requested and the time a related transaction settles. In each OTC transaction you bear credit exposure to Gate US as your counterparty. You are solely responsible for determining that each transaction is appropriate for you.
M.11. Suspension, Restriction, and Termination. Gate US may suspend, restrict, or terminate your access to the OTC Service, in whole or in part, at any time and in its sole discretion, including to comply with its risk, compliance, sanctions, and anti-money-laundering obligations. Suspension, restriction, or termination of your access to the OTC Service does not affect any transaction you have already accepted, which will be settled or cancelled only as provided in Section M.7 or as required by applicable law or Gate US’s risk, compliance, sanctions, or anti-money-laundering obligations. Provisions of this OTC Annex that by their nature should survive termination will survive.
M.12. Relationship to the Agreement. This OTC Annex supplements the Agreement. The Agreement’s terms — including its dispute-resolution, waiver-of-class-action, and mandatory-arbitration provisions, its prohibited-use rules, and its risk disclosures — apply to all OTC transactions. To the extent this OTC Annex conflicts with the Agreement, this OTC Annex controls for OTC transactions.
M.13. Additional Terms. Gate US and you may agree in writing to additional or supplemental terms governing particular OTC Services or transactions. Those additional terms control over this OTC Annex and the Agreement to the extent of any conflict and solely with respect to their subject matter.
