8. Limitation of Liability and Disclaimer
(a) You expressly agree that your participation or non-participation in the Gate Web3 Wallet and related services is at your own risk. Except as expressly provided otherwise in this Agreement, all products and services provided to you through the Gate Web3 Wallet and related services are strictly offered on an "as is" and "as available" basis. Gate, its affiliates, service providers, and suppliers make no representations, warranties, or guarantees of any kind, whether express or implied. This includes, without limitation, warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement, error-free or omission-free operation, continuity, accuracy, or reliability of the Gate Web3 Wallet. Some jurisdictions do not allow the exclusion of implied warranties in contracts; therefore, the above exclusion may not apply to you. Gate makes no representations or warranties regarding the validity, accuracy, correctness, reliability, quality, stability, completeness, or timeliness of the technology or information related to the Gate Web3 Wallet or any other services provided by Gate. (b) Nothing in this Agreement shall exclude or limit either party's liability for fraud, death or personal injury caused by gross negligence, violation of applicable laws, or any other act that cannot legally be limited or excluded under applicable law or regulations. (c) You agree and acknowledge that Gate's total liability shall not exceed the total amount of fees received from you in the preceding twelve (12) months. (d) We do not control the quality, safety, or legality of any Third-Party Services, nor do we guarantee the authenticity or accuracy of information provided by third parties. Any transactions between you and providers of Third-Party Services are conducted at your own risk. We make no representations or warranties of any kind—express, implied, statutory, or otherwise—regarding Third-Party Services. We disclaim all warranties, including but not limited to implied or express warranties that such content or services will be uninterrupted, error-free, free of harmful components, secure, or will not be lost or altered. You agree that we are not responsible for verifying the legitimacy, safety, or suitability of any third-party applications or tokens you may interact with or receive through the Web3 Wallet Services. You acknowledge that certain Web3 Wallet Services include technical measures to enhance user safety, and you are solely responsible for understanding and appropriately using them. (e) You agree and accept that if the Platform malfunctions or the Web3 Wallet Services are interrupted due to events including, but not limited to, failures, delays, interruptions, lack of system response, delayed responses, or other abnormalities preventing you from using the services or performing trading operations, Gate and its affiliates shall not be liable for any resulting losses. These circumstances include, but are not limited to: (i) Service suspension for maintenance; (ii) Hacker attacks on Gate, including but not limited to stealing user account passwords, secret keys, API keys, and other information, resulting in losses caused by unauthorized access to user accounts and/or illegal transfer of Digital Assets; (iii) System failure to transmit data due to telecommunications equipment malfunction; (iv) Force majeure events or accidents, including but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, epidemics, power outages, war, civil unrest, government actions, terrorist attacks, and any other events that may cause the suspension of Gate and/or its services; (v) Service interruptions or delays caused by hacking, computer viruses, technical adjustments or failures, website upgrades, banking issues, temporary closures due to government regulations, or any other reasons; (vi) Service interruptions or delays caused by damage, defects, or malfunctions in the Platform's computer system; (vii) Losses resulting from technical issues that cannot be anticipated or resolved by current industry-standard technologies; (viii) Losses incurred by you or third parties due to faults or delays caused by third parties; (ix) Losses incurred by you or third parties resulting from changes in applicable laws; (x) Losses incurred by you or third parties resulting from force majeure events or accidents caused by other objectively unforeseeable, unavoidable, and/or insurmountable circumstances; or (xi) Other losses not attributable to Gate arising from external uncontrollable events.
9. Miscellaneous
(a) Acceptance of All Terms and Conditions. By using the Web3 Wallet Services, you acknowledge that you have read, understood, and accepted this Agreement, along with all relevant transactional and operational rules related to the Web3 Wallet Services. You agree to be legally bound by the terms and conditions herein. Please carefully review all terms of service, privacy policies, and related transactional and operational rules (as amended from time to time) published on Third Party Service platforms. Your use of the Web3 Wallet Services is permitted only after you have read, understood, and agreed to all applicable rules and policies. (b) Force Majeure. Gate shall not be liable for any inaccuracies, errors, failures, delays, or omissions related to (i) any information, (ii) the transmission or delivery of information, or (iii) the performance of its obligations under this Agreement. This includes any loss or damage arising from events beyond Gate's reasonable control, including but not limited to floods, extreme weather conditions, earthquakes, acts of God, fires, wars, insurrections, riots, labor disputes, accidents, government actions, terrorist attacks, market failures or disruptions, telecommunications or network breakdowns, communication or power failures, attacks on the security, integrity, or operation of accounts, equipment or software malfunctions, or any other causes beyond Gate's reasonable control. (c) Translation. Gate may, at its sole and absolute discretion, provide translations of this Agreement into languages other than English. You agree that any such translations are for your convenience and reference only, and that the English version shall prevail in the event of any ambiguity, discrepancy, or omission between the English text and any translated version. (d) Amendments. Gate reserves the unilateral right to alter, revise, modify, or amend this Agreement and the terms, conditions, and specific features of the Gate Web3 Wallet Services—including, without limitation, transaction fees and any other procedural or substantive aspects—as it deems necessary or desirable, without prior notice to you. Such amendments will be made in accordance with prevailing industry standards, operational requirements, and in response to feedback, technological advancements, or strategic changes. Amendments take effect immediately upon publication on the Sites. It is your responsibility to regularly review the relevant pages on the Sites to confirm the latest version of this Agreement. Gate may, but is not obligated to, notify you of updates via email or website announcements. Your continued use of the Sites and Services after any amendments constitutes your acceptance. If you do not agree to any amendments, you should immediately stop accessing and/or using the Gate Web3 Wallet Services. (e) Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain unaffected. In such event, the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to comply with applicable law in the relevant jurisdiction. If modification is not possible, that provision shall be ineffective only to the extent of its invalidity or unenforceability, without affecting the remainder of this Agreement or its enforceability in other jurisdictions. (f) Assignment. You may not assign or transfer any rights or obligations under this Agreement without our prior written consent, including any rights or obligations related to law enforcement or changes in control. We reserve the right to assign or transfer any or all of our rights or obligations under this Agreement, in whole or in part, without notice to or consent from you. (g) Waiver. No failure or delay by Gate in exercising any right, power, or remedy under this Agreement or applicable law shall constitute a waiver of such right, power, or remedy. Moreover, any single or partial exercise of any right, power, or remedy shall not preclude any other or further exercise of the same or any other rights, powers, or remedies. (h) Governing Law. This Agreement, your participation in the Gate Web3 Wallet, and any claims, counterclaims, or disputes arising directly or indirectly from this Agreement shall be governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict of law principles. (i) Dispute Resolution. Any dispute arising out of or in connection with this Agreement, or any document or transaction related thereto (including any dispute or claim concerning: (i) the existence, validity, or termination of this Agreement; and (ii) any non-contractual obligations arising out of or in connection with this Agreement) (the "Dispute"), shall initially be referred to and resolved amicably through negotiation. If the Dispute cannot be resolved by negotiation within thirty (30) days from the date one party issues a notice of dispute to the other, the Dispute shall be finally resolved by arbitration in Panama, to the exclusion of the ordinary courts, in accordance with the Arbitration Rules of the International Chamber of Commerce then in effect, which are hereby incorporated by reference. The seat of arbitration shall be Panama. The arbitration tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English. Following the commencement of arbitration, you agree to make a good-faith effort to resolve the Dispute through mediation. Any settlement reached during mediation may be submitted to the arbitral tribunal then seated and may be made a consent award on agreed terms. (j) No Offer to U.S. Persons. The content on the Sites does not constitute an offer or sale of securities in or into the United States, or to or for the account or benefit of U.S. persons, nor in any other jurisdiction where such offer or sale would be unlawful. The transfer of tokens may be subject to legal restrictions under applicable laws. Under no circumstances shall the tokens be reoffered, resold, or transferred within the United States or to, or for the account or benefit of, U.S. persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S. Securities Act of 1933, as amended. Any public offering of the tokens in the United States will be made by means of a prospectus, obtainable from the issuer or the selling digital asset holder, containing detailed information about the company, management, and financial statements. (k) Final Decision. For any matters not expressly addressed in this Agreement, we reserve the sole and final right of interpretation to the fullest extent permitted by applicable law.
To view Part 1 of the Service Agreement, please click here.
