Last Updated: December 28, 2023
Application. These Terms govern your access to and use of the Services. The Services, except for the KYC Services, are provided by E-Gates, the KYC Services are provided by PassMe. E-Gates is licensed to carry out the business of cryptocurrency exchange and cryptocurrency wallet service provider under the laws of Lithuania. Please be aware that E-Gates is not responsible for the KYC Services and PassMe is not responsible for the Services other than the KYC Services.
Acceptance. By accessing or using the Services, including the KYC Services, by registering orapplying for a User Account, or by clicking the button “I agree” or respective check box in connectionwith or relating to these Terms, you acknowledge that you have read, accept without modifications andagree to be bound by these Terms and all terms incorporated herein by reference, which form a legallybinding agreement between you and us. If you do not accept or agree to these Terms, you may notregister for a User Account and are not allowed to access or use the Services, including the KYCServices, and must immediately discontinue any use thereof. If you are acting for or on behalf of anentity, you hereby represent and warrant that you are authorised to accept these Terms and enter intoa binding agreement with us on such entity’s behalf, and you accept these Terms both on behalf ofsuch entity and on your own behalf.
Important. Please read these Terms carefully as they affect your obligations and legal rights. Note that Sections 23 and 24 contain provisions governing the choice of law, dispute resolution terms, and class action waiver. Please read and review Sections 12, 13, 14 and 15 carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify the Operators Parties, as defined below, and contain disclaimer of warranties as well as other important disclaimers with regard to the Services.
Definitions. Definitions of capitalised terms used herein are provided in Section 28 below.
We may modify, supplement or update these Terms from time to time at our sole and absolute discretion. If we make changes to these Terms, we will update the “Last Updated” date at the top of these Terms. If we substantially update these Terms, we will further provide additional notification of the amendment via one of the Communication Channels or email address provided by you. Unless otherwise notified by us, updated Terms shall be effective immediately, and your continued use of the Services will confirm the acceptance of such updated Terms. If you do not agree to any part of the amended Terms, you must immediately discontinue any access to or use of the Services. It is your sole obligation to review these Terms each time you access or use the Services in order to stay informed about the content, terms, and conditions outlined herein, and the choices available to you. Continuous use of the Services is deemed acceptance of the amended Terms.
Your personal data is processed in accordance with the Privacy Notice.
By accepting these Terms, you acknowledge, accept, and assume the information and risks set out in the Risk Disclosure Statement and represent that the Operators Parties shall not be held liable or responsible for any damages or losses arising from or in connection with such information or risks.
The KYC Services are subject to the Data Processing Agreement and by using the KYC Services andagreeing to these Terms, you also agree to and accept the Data Processing Agreement, which constitutes an integral part of these Terms, i.e. your access to and use of the KYC Services shall be simultaneously subject to these Terms and the Data Processing Agreement.
Eligibility Requirements. In order to be eligible to access and use the Services, you must:
Consumers. If you are an individual, while accessing and using the Services (except for the KYC Services) you may be considered a Consumer under the applicable legislation. In this case, you acknowledge and agree that you are deemed a Consumer only regarding your use of the basic functionality of the Services within certain Transaction limits established by us, as may be madeavailable to you after your successful completion of the initial KYC/KYB Checks and verifications. You hereby acknowledge and agree that the KYC Services, and/or any additional functionality and featuresof Services, including increased Transaction limits, can only be used for the purposes associated with your business, trade, craft or profession. Accordingly, you will not be considered a Consumer with respect to your use of the KYC Services and if you apply for or request access to any additional features and functionality, you will no longer be considered a Consumer in relation to the Services andany transactions contemplated under these Terms from the moment when you have successfully obtained or were provided with access to such additional functionality and features. Consequently,from this moment you will not be entitled to, nor will be able to claim, any rights and remedies availableto you as a Consumer under these Terms or the applicable legislation in connection with the Services or these Terms.
Failure to Comply with the Eligibility Requirements. If you determine that you do not meet and conform to any of the aforementioned eligibility requirements, you must immediately suspend your access to and use of the Services and terminate your User Account until the respective restricting circumstances cease to exist. Furthermore, we reserve the right, at our sole and absolute discretion, to immediately, with, if you are considered a Consumer, or without notice, and without any liability whatsoever, limit, suspend, restrict, or terminate your access to and use of the Services, and/or terminate your User Account, and/or take other appropriate actions.
Licence. Subject to your compliance with these Terms, we hereby grant you the Licence which will remain effective until terminated as provided herein. The Licence shall terminate upon the occurrence of any of the following events: (i) these Terms terminate or expire; or (ii) you violate these Terms; or (iii) we choose to terminate the Licence at our sole and absolute discretion, regardless of reason, with or without prior notice to you.
FOSS Licence. To the extent that certain items or components of the Services may be distributed under a FOSS Licence, such items and components will not be covered by the Licence granted hereunder and will be provided to you under the terms and conditions of the applicable FOSS Licence.
Compliance. Your access and use of the Services shall not violate the terms of the Licence and/or FOSS Licences, if and as applicable.
User Account Creation. While you may access certain parts of the Services without registering for a User Account, you are required to have a User Account in order to access and use certain functionality thereof. When you create a User Account, and at any time thereafter, you shall provide correct, accurate, up-to-date, and complete information, and you shall promptly update the respective User Account information as may be necessary to keep it correct, up-to-date, current, and accurate. You may not have more than one User Account, and any additional User Accounts created by a single User may be terminated or suspended by us, with or without notice and without any liability whatsoever, at our sole and absolute discretion. You shall personally use your User Account, and you shall not transfer your User Account or provide access to your User Account to any third person without our prior written consent.
Registration Procedure. To register for a User Account you need to go to the registration page on the Platform and follow the instructions provided thereon. You will be required to provide certain data about yourself, and, in certain cases, such data may be verified by us or third parties engaged by us before you can access or use your User Account or certain Services. We reserve the right to request any additional information or documentation, and/or to refuse any registration at our sole and absolute discretion, regardless of reason, and without any liability whatsoever.
Account Security. Any acts or omissions of your User Account are deemed to be conducted by you personally. You may not allow any third person to access your User Account, may not disclose your Credentials to any third person, and will be solely responsible for any use of User Account and Credentials, as well as their confidentiality. You remain responsible for all Transactions carried out via your User Account or using Credentials, and all such Transactions will be considered to be made personally by you. We shall not be liable for any losses or damages, including consequential, incidental, or indirect damages, arising from unauthorised use of your User Account or any Credentials thereto, or if you failed to ensure confidentiality of your Credentials, and you hereby release and forever discharge us from any and all actions, claims, suits, demands, losses, damages, other obligations or liabilities of any nature whatsoever, whether known or unknown, arising from or in connection with the above, to the maximum extent permitted by law.
Loss of Access. In the event that you are no longer in possession of any device connected with your User Account or are not able to provide your Credentials, we may, at our sole discretion, and only if we have such ability, grant access to your User Account to a person providing us with such additional credentials, materials, or information that are, in our sole opinion and discretion, sufficient to demonstrate that the User Account belongs to such person. We reserve the right to unilaterally determine the additional credentials required to restore access to your User Account, which may include, for example, a sworn, notarized statement of identity, etc.
User Account Suspension and Termination. You hereby acknowledge and agree that we may suspend or terminate your User Account in accordance with these Terms. We expressly disclaim any and all liabilities of any nature whatsoever, whether known or unknown, including those that are unanticipated or unsuspected, or which may later arise as a result of the discovery of new or additional facts, in connection with or arising from the termination or suspension of your User Account, regardless of reason, to the maximum extent permitted by the law.
Suspicious Activity. If we, at our sole and absolute discretion, believe that your User Account has been involved in any fraud or crime, or violation of laws or regulations, or has been accessed unlawfully, or is otherwise involved in any suspicious activity (whether victim or perpetrator, or otherwise), we may suspend or freeze the User Account or any privileges of the User Account, as well as the Funds held in or associated with such User Account. In this case, you may be required to undergo additional verification, compliance, or other procedures, as well as to change your Credentials before your User Account, privileges, or Funds, as applicable, are unfrozen or restored. We expressly disclaim any and all liabilities of any nature whatsoever, whether known or unknown, including those that are unanticipated or unsuspected or which may later arise as a result of the discovery of new or additional facts, in connection with or arising from the suspension or freeze of your User Account or Funds, regardless of reason, to the maximum extent permitted by the law.
General. You hereby acknowledge and agree that if requested by us, you shall undergo and pass the KYC/KYB Checks (including initial, periodic, regular and case-by-case), and such KYC/KYB Checks have to be completed by you within the term reasonably determined by us. The KYC/KYB Checks may be established or changed by us from time to time at our sole and absolute discretion, including where required under the applicable laws and regulations, or our internal policies and procedures. It is acknowledged and agreed that certain Services or their functionality may be restricted or unavailable to you until your successful completion of the KYC/KYB Checks and performance of the applicable requirements. We shall not be held liable or responsible for or in connection with your inability to access or use the Services due to your failure to complete the KYC/KYB Checks or comply with such requirements and procedures.
Third-Party Service Provider. We may engage and assign a Third-Party Service provider to facilitate and/or perform the KYC/KYB Checks, in which case such Third-Party Service provider shall process the information and materials provided by you to perform and complete the KYC/KYB Checks, and you hereby provide your consent for the same.
Data. When undergoing the KYC/KYB Checks, you must provide only true, complete, accurate, correct, up-to-date, and not misleading information and documentation. You hereby agree to promptly provide all requested information, documents, and records, and authorise us to conduct verification and check of such data, including, inter alia, through Third-Party Services. We may further monitor your Transactions conducted through or in relation to the Services as required under the applicable law or our internal policies and procedures, and report suspicious activities to the government or other authorities.
Failure to Pass the KYC/KYB Checks. Any determination of whether you have passed and completed the KYC Checks shall be at our sole and absolute discretion. We reserve the right to immediately, with or without notice, and without any liability whatsoever, suspend, limit, restrict, or terminate your access to or use of the Services and/or terminate your User Account, if we determine that (i) you have failed to pass the KYC/KYB Checks, or (ii) will likely fail to timely complete thereof or perform the requirements introduced or established by us, or (iii) the information or documentation provided in connection with KYC/KYB Checks is incomplete, inaccurate, incorrect, or misleading in any respects.
General. The functionality of the Services and their description may be available on the Platform, contained in the Materials, or otherwise communicated by us or on our behalf. The Services and their functionality are subject to regular updating, therefore, we do not provide any warranty that certain Services or functionality will be available now or in future, will remain available for a certain time, or will be available at any particular time. The Services and their functionality may be changed from time to time at our sole and absolute discretion. We may also at any time change, suspend or terminate certain Services and/or any related functionality in whole or in part, without any liability whatsoever. We will make commercially reasonable efforts to notify you about any such update, suspension, or termination of the Services or any of their components in advance.
WEB3 Wallet. E-gates operates a non-custodial WEB3 Wallet software (hereinafter the “Wallet) designed for the management and transfer of digital assets such as cryptocurrencies, virtual commodities, and non-fungible tokens (NFTs) (“Digital Assets”). E-gates ensures that you, the user, maintain complete control and responsibility over your Digital Assets and private keys, as the Wallet is a non-custodial solution. This autonomy enables you to execute transactions directly from your wallet address. By using E-gates' WEB3 wallet, you acknowledge and agree to assume full responsibility for all activities conducted through your wallet and any associated risks of loss.
E-gates is committed to providing a secure Service for managing Digital Assets. However, as a non-custodial wallet provider, E-gates does not assume responsibility for the management, security, or recovery of your Digital Assets. Your use of the Wallet signifies your acceptance of these terms and responsibilities.
The E-gates Wallet offers a range of functionalities to enhance your digital asset experience.
As a user of the E-gates WEB3 wallet, you are acknowledging that you are solely responsible, including, but not limited to, for:
In the Wallet, the private key is a critical component linked with your wallet address. Together, they enable you to authorize transfers of Digital Assets to and from your wallet. As an E-gates Wallet user, you bear exclusive responsibility for safeguarding your private key and any mnemonic phrase, often referred to as the “Secret Phrase,” that is associated with your wallet.
It is imperative that you maintain the confidentiality and security of your wallet address, Secret Phrase, and any access information related to your private key. A crucial aspect of this responsibility is ensuring that you have reliable backups of your private keys, Secret Phrases, or passwords. Neglecting to securely backup these elements could lead to irreversible loss of control over the Digital Assets linked to your wallet.
E-gates prioritizes your security and autonomy; as such, we do not access or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase. Consequently, E-gates is unable to recreate or retrieve your wallet password in the event that you forget it. In scenarios where you have not securely stored a backup of your wallet address and private key pairs, you must acknowledge and accept the risk that any Digital Assets associated with that wallet address may become permanently inaccessible.
E-gates explicitly disclaims any responsibility or liability in situations where you are unable to access your wallet due to reasons including, but not limited to, your failure to secure your wallet address, Secret Phrase, and private key information. Your proactive measures in managing and securing these critical components are essential for the effective and safe use of the E-gates Wallet.
You are committed to regularly monitoring your Wallet for any unauthorized or suspicious activities. Should you detect any unusual activity, you understand the importance of taking immediate and appropriate action to address the situation.
You acknowledge your responsibility to implement and maintain robust security practices for the protection of your wallet and Digital Assets. This obligation includes, but is not limited to:
Transaction Authorization. Authorizing all transactions initiated from your wallet address. This includes verifying transaction details, such as recipient addresses and transaction amounts, before confirming any operations.
Awareness of Risks. Understanding and acknowledging the risks associated with digital asset transactions. These risks include the volatility of digital asset markets, potential regulatory changes, and the technological and security risks inherent to digital assets and blockchain technology.
Compliance with Laws and Regulations. Abiding by all applicable laws and regulations concerning digital asset transactions in your jurisdiction. This responsibility includes understanding and adhering to tax obligations and reporting requirements related to the use of digital assets.
Contacting Support. Promptly contacting E-gates support in case of any security concerns, technical issues, or uncertainties about wallet operations.
Integration with Decentralized Applications and Exchanges
When you access or use Decentralized Applications or Decentralized Exchanges through the Wallet, including any embedded functionalities like Trade/Swap Digital Assets, you should be aware of the following:
Digital Asset Transactions
All proposed Digital Asset transactions require confirmation and recording on the Digital Asset's associated public blockchain. These networks are decentralized, operating on a peer-to-peer (p2p) basis, and are supported by independent third parties. E-gates does not own, control, or operate these blockchain networks. In this regard, you acknowledge that:
Accuracy of Information Provided by User
As a user of the E-gates Wallet, you represent and warrant that all information you provide through the Services is both accurate and complete. This includes, but is not limited to, transaction details for Digital Asset transfers, recipient wallet addresses, and amounts to be transferred.
You acknowledge that:
Pricing and Fee disclosure
You agree to be responsible for the payment of and pay all fees. Fees for services, as amended from time to time, can be found on the Platform at the “Pricing and Fees Disclosures” page, which shall form part of these Terms.
By accepting these responsibilities, you acknowledge that E-gates, as a non-custodial wallet provider, does not have access to your private keys and cannot assist in recovering your Digital Assets in case of loss due to failure to adhere to these responsibilities. Your proactive engagement in securing and managing your Digital Assets is crucial for a safe and effective experience with the E-gates WEB3 wallet.
Information Request. You reserve the right to request us to provide the up-to-date, accurate and thorough information regarding the Services and their functionality that are available to you at the time of such request. We will make commercially reasonable efforts to respond to your request in a timely manner.
By entering into these Terms, you expressly represent and warrant to us that:
You agree that you shall not conduct or participate in any of the following activities when accessing or using the Services, or in connection with such access or use:
Not a Party. We are not a party to and do not participate in Transactions conducted between the Users as well as between Users and third parties as a party thereto. In relation to any Transactions made in your favour, the relevant relationships and undertakings thereunder will be deemed to arise between you and the respective counterparty, and we are not and do not intend to be a party thereto. We shall not be responsible for or held liable in connection with any Disputes arising from these relationships and Transactions associated therewith, and all such Disputes shall be resolved exclusively between you and the respective counterparty.
No Advice. We are not your advisor with respect to any of your Transactions, decisions, or activities conducted while using the Services, including, but not limited to, the determination whether to cooperate or conduct any transactions with the respective counterparties that are using the KYC Services upon your instructions or request. No part of the Materials is intended as, or should be considered to be, or construed as, business, legal, financial, investment, trading, or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such Materials relates. Before making the decision to use the Services and carry out certain Transactions or other actions inconnection therewith, you should consult your own legal, financial, tax, or other professional advisors regarding any such information, including whether cooperation with the respective counterparties, carrying out any Transaction, or other actions and activities, is suitable for you. We shall not be responsible for the accuracy, completeness or timeliness of the Materials and any decisions made by you in connection with the KYC Services and their outcomes, therefore any use of or reliance thereon7 will always be at your own discretion and risk, and you shall be solely responsible for any possible damages or losses arising therefrom.
No Fiduciary Relationship. The Services and these Terms are not intended to create or impose any fiduciary duty on us with respect to you. Notwithstanding anything to the contrary contained in these Terms, to the maximum extent permitted by the applicable law, we shall owe no fiduciary duties to you, provided, however, that we shall have the duty to act in accordance with these Terms and the implied contractual covenant of good faith and fair dealing to the extent required by the law.
No Solicitation. The Services and Materials are not intended to constitute an offer of securities, financial instruments, Digital Assets, or a solicitation for investment in or purchase of securities, financial instruments, or Digital Assets in any jurisdiction, nor is it intended to constitute a prospectusor offer document of any type. Nothing contained herein or in the Materials constitutes arecommendation or solicitation to use the Services or perform any Transaction, and you hereby acknowledge and agree that any access or use of the Services and any Transactions carried out by you shall always be at your own risk and discretion.
No Broker or Fund Manager Relationship. We are not your broker, fund manager, or any intermediary to any broker or fund manager. Neither the Services nor anything in these Terms shall be considered as a broker and/or fund management services, or any intermediation services thereto.
Transactions. The functionality of the Services allows you to make certain Transactions with the Funds. By initiating the respective Transaction, you authorise us to process and complete it in accordance with your instruction. While processing the respective Transaction initiated by you, we rely entirely on the instructions provided by you in connection therewith. Once the respective Transaction initiated by you was processed or completed, as applicable, such transaction becomes final and irreversible. Certain Transactions may become irreversible once initiated by you, for example, any Withdrawal transaction. Subject to the provisions of these Terms, you may not claim refunds or cancel Transactions once they have been processed, completed, or become irreversible. No interest, payments, or other amounts will be accrued on the Funds deposited to or held with the Platform. You may conduct Fiat Currency Withdrawals only to such Storage Mechanisms that belong to you and we or the respective Third-Party Service providers engaged by us reserve the right to verify your ownership thereof. You are solely responsible for any Transactions carried out through or in relation to the Services, regardless of whether such Transactions are processed by a blockchain network or take place off-chain, and you will carefully appraise and assess the risks involved in every such Transaction before it is made. You shall solely make all decisions with regard to your Transactions, and shall be solely responsible for their consequences, including possible losses and damages. We do not make any representations or warranties regarding the amount of time, transaction fees or other requirements that may be required to complete any Transaction, or that the respective Transaction to be processed, or for the Funds to become available in your User Account or Storage Mechanisms.
Digital Assets. We do not provide or make any representations or warranties of any kind with respect to the Digital Assets, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed and denied. You hereby acknowledge and agree that the Digital Assets may not: (i) meet your expectations or work as intended, (ii) have the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. Any receipt, storage, use, and disposition of the Digital Assets shall always be at your own risk.
Storage Mechanisms. We shall not be responsible or liable in relation to your use of or inability to use the Storage Mechanisms. You are solely responsible for implementing reasonable measures for securing your Storage Mechanisms, including any passwords, seed phrases, private key(s), or other credentials necessary to access and manage such Storage Mechanisms. If your private key(s) or other access credentials associated with the respective Storage Mechanisms are lost, you may lose access to your Funds transferred to or held in such Storage Mechanisms. We are not responsible for any losses, costs, or expenses relating to loss of the Storage Mechanisms credentials, failures in the operation of Storage Mechanisms, or inability to use or access the Storage Mechanisms for any other reason.
Wallets. Wallets constitute Third-Party Services and we are not responsible for, do not endorse, shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Wallets used by you in connection with the Services or otherwise. When using the Wallets, you should review applicable terms and policies that govern your use of such Wallets. We never receive access to or control over your Wallet or the Funds held therein. Therefore, you are solely responsible for securing your Wallet and credentials thereto (including private keys, seed phrases, passwords, etc.). For the avoidance of doubt, this paragraph does not apply to the Funds held with the Services.
Third-Party Content and Services. When using the Services, you may view or interact with the Third-Party Content and Third-Party Services. We are not responsible for and shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Third-Party Content or Third-Party Services, do not endorse, recommend or solicit the use of, and are not responsible for any such Third-Party Content or Third-Party Services, as well as any information, materials, content, services or tools on or available through such Third-Party Content or Third-Party Services. You hereby affirm and acknowledge that your use of Third-Party Content or Third-Party Services, and your interactions with third parties that are linked to or from the Platform, are at your own risk. We assume no responsibility or liability for ensuring that any third party you transact with will complete the respective Transaction or is authorised to do so. To the maximum extent permitted by the applicable law, in no event shall we be responsible for or held liable in connection with any loss or damage of any sort incurred by you as the result of, or in connection with accessing or using any Third-Party Content or Third-Party Services.
No Financial Services. We are not a financial institution, we also do not provide any financial services and/or other services that require or are subject to authorisation requirements under the laws of the Republic of Lithuania in line with the Lithuanian legislation and guidelines. The Fiat Currency processing and associated Transactions, such as Deposit, Withdrawal, etc., are conducted by the respective Third-Party Service providers which we neither operate nor manage. Deposited Fiat Currencies will be deemed and shall be used only as a prepayment for certain functionality of the Services, such as, for instance, purchase of the Digital Assets. You hereby acknowledge and agree that you are not entitled to interact with other Users or third parties with regard to the Fiat Currencies, nor permitted to transfer the Fiat Currencies to and receive them from the other Users or third parties. We reserve the right to establish certain other restrictions with respect to the Transactions involving the Fiat Currencies at our sole and absolute discretion, with or without notice, and without any liability whatsoever.
You are solely responsible for determining whether to use the Services and any use of the Services will always be at your own risk. We make no warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, integration, merchantability, and fitness for a particular purpose with respect to the Services, all of which are expressly disclaimed and denied. We do not warrant, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation that:
Limitation of Liability. To the maximum extent permitted under the applicable law, in no event shall:
Waiver. You shall not, and to the maximum extent permitted under the law hereby waive any right to, seek to recover the damages listed above in this Section 14 from the Operators Parties and/or persons specified above. To the maximum extent permitted under the applicable law, you further waive any and all protections and benefits granted to you under the applicable law that limit or impair the release and waiver contained herein, including due to the fact that you do not know or suspect to exist in your favour at the time of executing the release.
Exceptions. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the above exclusions and limitations shall apply to the maximum extent permitted under the applicable law. Notwithstanding anything to the contrary contained therein, these Terms do not limit our liability for (i) intentional misconduct, gross negligence, fraud, death or any personal injury caused by or in connection with the Services, their use or inability to use; (ii) any direct damages and losses incurred by Consumers arising out of or in connection with our undue performance, non-performance or violation of these Terms and/or any applicable laws and regulations.
To the fullest extent permitted under the applicable law, you shall indemnify, defend, and hold harmless the Operators Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable professional and legal fees) that arise from or relate to (i) your violation of these Terms, including making untrue or false representations or warranties, (ii) your access to or use of the Services, (iii) exercising, enforcing, or preserving our rights, powers or remedies (or considering doing so) with respect to you in connection with these Terms, and (iv) your obligation to pay Taxes. We reserve the right to exercise sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in this Section 15. The indemnity setout in this Section 15 is in addition to, and not in lieu of, any other remedies that may be available to us under the applicable law.
Suspension. You hereby acknowledge and agree that we have the right to immediately suspend your User Account, with, in particular if you are considered a Consumer, or without notice, for any reason, including if:
Termination. You hereby acknowledge and agree that we have the right to immediately terminate your User Account, with, in particular if you are a Consumer, or without notice, for any reason, including if:
Effect of Suspension or Termination. If your User Account is suspended or terminated, (i) you authorise us to cancel or suspend any pending Transactions at the time of such suspension or termination; and (ii) any Funds associated with your User Account will be frozen, which implies that you will not be able to make any Transactions or operations with such Funds. Any suspension or termination of the User Account shall not affect (i) your liability for all activities and/or any Transactions conducted with or in connection with your User Account while it was active; and (ii) your obligation to pay all amounts of the outstanding Fees due to us. Accordingly, in such cases we have the right unilaterally with, in particular if you are a Consumer, or without notice to set off the amount of any damages and losses sustained by us or third parties due to your activities and/or Transactions against the Funds associated with your User Account. Upon termination of your User Account, you shall promptly provide us with your valid payment account details and/or Wallet addresses, as applicable, to allow us or the respective Third-Party Service provider to transfer any remaining Funds held in your User Account at the time of its termination (subject to set-off, if any). Subject to these Terms, we will make a commercially reasonable effort to transfer, or cause the respective Third-Party Service provider to transfer, the Funds to you as soon as practicable, subject to our internal policies and procedures. Unless otherwise decided by us at our sole and absolute discretion, if you failed to request the transfer or Withdrawal of the remaining Funds within three (3) months following the date of any termination of your User Account, we may, at our sole and absolute discretion, and without prior notice to you:
Reactivation of Inactive User Account. In order to change the status of Inactive User Account or retrieve your remaining Funds, you should contact us during six (6) months following the date when we notify you that your User Account has been deemed an Inactive User Account. In this case, we reserve the right to require you to pass and complete the KYC/KYB Checks or certain other verification and due diligence procedures. If we determine, acting at our sole and absolute discretion, that your Inactive User Account may be reactivated or you are entitled to retrieve the remaining Funds, we shall not be obliged to, nor required to refund any Storage Fee and/or any other costs incurred by us in connection with your Inactive User Account prior to such reactivation or retrieval. Please note that after the expiry of the term indicated above or once your Inactive User Account is terminated, it cannot be reactivated by you (i.e., you will need to register a new User Account if you wish to continue to use the Services).
General. You hereby acknowledge and agree that we have the right at any time to (i) temporarily suspend your User Account, (ii) stop, freeze, cancel, or rewind any Transaction associated with your User Account, and/or (iii) freeze the Funds associated with or held in your User Account, with, in particular if you are a Consumer, or without notice, if:
Violation. In case you have violated or we believe that you have violated or threaten to violate these Terms or applicable legislation, we may, at our sole and absolute discretion, and you hereby expressly authorise us to, with, if and to the extent permitted under the laws, notice to you:
List of Funds. When using the Services or carrying out Transactions, you may only use those types and forms of assets that are available and supported within the Services. The full list of the assets we currently support within the Services may be viewed on the Platform. You shall not use any Digital Assets or Fiat Currencies which are excluded from the assets available and supported within the Services, and we assume no responsibility or liability in connection with any attempt to use any Digital Assets or Fiat Currencies that we do not support. If you use any unsupported assets within the Services, such assets may be permanently lost. You hereby acknowledge and agree that we may, from time to time, acting at our sole and absolute discretion, determine, change, and update the list of assets supported within the Services. We reserve the right to remove certain assets from the Services and/or cease supporting particular assets at any time, with or without reason, with or without notice, and without any liability whatsoever. In this case, such removed assets will no longer be supported or available within the Services. If we remove certain assets from the Services, we may require you to make a Withdrawal of the respective Funds from your User Account during the time period established by us. In the event that you fail to do so, we may at our absolute discretion and without prior notice to you convert the balance of such removed assets associated with your User Account to any type of supported Digital Assets determined by us at our sole discretion, according to the market-prevailing exchange rates as of the time of the conversion, if any. In which case we shall not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion, and any commissions or Fees associated with the conversion will be deducted from the Funds associated with your User Account.
Your Rights with respect to the Fiat Currency balance. You may request the refund of the balance of Fiat Currencies that you deposited to your User Account which were not used to (i) pay for the Services or related functionality or (ii) conduct Transactions. You may initiate such a refund at any time using the applicable functionality within the Services. Any deposited Fiat Currencies that were used to (i) pay for Services or related functionality or (ii) conduct Transactions shall not be refundable. If the deposited Fiat Currencies were not used by you within the Services during six (6) months from the applicable Deposit date, or during such other term as may be established by us at our sole discretion, as the case may be, we may notify you about the same and request you to either utilise such Funds within the Services or make a Withdrawal, and in the event of your failure to do so within fourteen (14) days, we shall have the right, without prior notice, to:
Consumer Rights. If you are a Consumer, you have the following rights:
Any Funds misappropriated or obtained as a result of or in connection with the violation of these Terms or intended logic of the Services, including any interference in the operation of the Services or their components or any attack on the Services or Users, shall be considered immediate property of the Operators, and any Transactions related to the foregoing shall be considered null and void ab initio.
Ownership. You do not receive any rights, title, or interest in or to the Intellectual Property and the respective rights holders reserve the right to prohibit any use of the respective Intellectual Property at any time. You may not obscure, remove or alter any marks or notices displayed within the Platform. Any rights not expressly granted to you under the Licence and/or applicable FOSS Licences are reserved by us, respective Affiliates, and/or other rights holders.
FOSS Licences. Certain components used within the Services may be distributed under the FOSS Licences, the terms of which shall be made available to you, and you agree to abide by and comply with the terms thereof, if and where applicable.
Feedback. By providing comments, suggestions, recommendations or other feedback in relation to the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, worldwide licence (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, commercialise, create derivative works from your feedback and the right to assign these rights to third parties in whole or in part. We may use, reproduce, disclose, make publicly available and otherwise exploit any of your comments, suggestions, recommendations or other feedback provided in connection with or relating to the Services in our sole discretion, without restrictions or any obligations to you.
Fees. We may charge you certain Fees in connection with your use of the Services. You acknowledge and agree that we may deduct Fees from the Funds used in the associated Transaction or from the balance of your User Account, and you hereby authorise us to do so. The relevant Fees will be charged off in the Digital Asset(s) used in the respective Transaction either at the time when such Transaction is initiated, or at the time of its completion, or at such other time as we may determine. We reserve the right, at our sole and absolute discretion, to change and update the Fees, Fees Plan and Fees Schedule from time to time. Changes to the Fees Plan and/or Fees Schedule shall become effective immediately upon either of: (i) posting on the Platform, (ii) updating the Fees Plan and/or Fees Schedule, or (iii) written notice to you, whichever is earlier. You hereby agree and acknowledge that it is your sole obligation to review the applicable Fees each time you access the Services or decide to complete a certain Transaction in order to have up-to-date information about the Fees. If you do not agree to any amended Fees and updated Fees Plan and/or Fees Schedule, you reserve the right to discontinue any access to or use of the Services at any time. Continuous use of the Services is deemed acceptance of the updated Fees Plan and/or Fees Schedule.
Third-Party Costs. When you conduct certain Transactions through the Services certain Third-Party Costs may arise. You shall bear all such Third-party Costs associated with such Transactions. We are not responsible for any Third-Party Costs and shall not be in any way liable thereto. We will make commercially reasonable efforts to demonstrate to you the Third-Party Costs arising from the Transactions made through or in relation to the Services, however, you should independently verify this information and we do not warrant that the provided information will be correct. In certain circumstances, we may charge or withhold the arising Third-Party Costs from your User Account, and you hereby authorise us to do so. Certain Third-Party Costs may be included in the Fees applicable to the respective Transactions.
Taxes. You are solely responsible for determining what, if any, Taxes apply to your activities and any Transactions. It is also your responsibility to withhold, collect, report, and remit all applicable Taxes to the appropriate tax authorities, and we are not responsible for withholding, collecting, reporting, or remitting any such Taxes. However, if we are required under the applicable law to withhold, collect, report, and remit any Taxes, we will do so. You hereby acknowledge, understand, and agree that (i) your Transactions may have tax consequences for you, (ii) you are solely responsible for compliance with your tax obligations, and (iii) we will not bear any liability or responsibility with respect to any tax consequences to you associated with or arising from any Transactions.
Updates and Modifications. We may from time to time and without prior notice make certain updates, improvements, or modifications to the Services, including, but not limited to, updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure, or service features, and we shall not be in any case held liable with respect to any such update.
Availability. The availability and functionality of the Services depend on various factors. The Services may be inaccessible or inoperable from time to time for any reason, including, for example, equipment malfunctions, maintenance procedures or repairs, Force Majeure Circumstances, disruptions, sophisticated hacker or malware attacks, temporary or permanent unavailability of the underlying software or blockchain infrastructure, and/or unavailability of the respective Third-Party Services. In the aforementioned cases, the access or use of the Services may be prevented or limited without notice. Notwithstanding anything to the contrary contained herein, we may, at any time and at our sole and absolute discretion, without any liability whatsoever, terminate or discontinue the Services or any of their components. We will make commercially reasonable efforts to notify you about any such termination or discontinuation of the Services or any of their components in advance.
Access to the Services. If technically possible, we may limit, suspend or restrict access to the Services or any of their components with immediate effect and without any liability, regardless of reason, including if we, acting at our sole discretion, determine that (i) you have violated or may likely violate these Terms, applicable laws or regulations; or (ii) you or your actions create or may create legal exposure for us, Affiliates, or the Services; or (iii) you are or likely to be a Prohibited Person or act on behalf of a Prohibited Person. You hereby agree to comply with such limitations and not to circumvent or bypass them in any way. You hereby agree that we may install and utilise certain software, solutions and/or tools (for example, geo-blocking solutions) allowing us to identify Users from the Prohibited Jurisdictions or certain restricted jurisdictions, or those who have violated these Terms or the laws, and restrict their access to and use of the Services.
General. These Terms, as well as any and all relationships between you and us relating to the Services or any transaction contemplated in these Terms shall be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Exception. The choice of law prescribed in this Section 23 shall not prejudice the mandatory provisions of local laws that apply to you as a Consumer.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS PROVISIONS WHICH AFFECT YOUR LEGAL RIGHTS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. PLEASE NOTE THAT CERTAIN PROVISIONS CONTAINED IN THIS SECTION MAY BE APPLICABLE ONLY TO USERS WHO ARE CONSIDERED CONSUMERS.
Dispute Resolution. For any Dispute that you have against us or relating in any way to these Terms or the Services, you shall first contact us and attempt to resolve the Dispute informally by sending a Notice to us by email at legal@E-Gates.io. The Notice must include your name, residence address, email address, and telephone number, describe the nature and basis of the Dispute and set forth the specific relief sought. If we and you cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to, as and to the extent applicable:
As a Consumer you are not obligated to attempt to resolve the Dispute informally as prescribed above, and reserve the right to submit the Dispute to the competent courts when you are willing to do so.
Waiver of Court Proceedings and Jury Trial. Except for any Disputes in which you are considered a Consumer or either party seeks injunctive or other equitable relief for the alleged unlawful use of Intellectual Property, you and we hereby waive your and our respective rights (i) to have any Dispute arising from or related to these Terms, the Services and their use resolved in a court, and (ii) to a jury trial.
Binding Arbitration. Unless otherwise expressly outlined in these Terms, any Disputes arising out of or in connection with these Terms or the Services, including any question regarding the existence, validity, or termination of these Terms, shall be referred to and finally resolved by the binding arbitration under the London Court of International Arbitration Rules, which Rules are deemed to be incorporated by reference herein. Any arbitration will occur in London, UK. The number of arbitrators shall be one (1). The language to be used in the arbitral proceedings shall be English. Any and all notices, requests, demands, and other communications which are required or may be given in connection with the arbitration shall be sent in electronic form, either via email or other electronic means including via any electronic filing system operated by the LCIA. Any and all notices, requests, demands, and other communications sent by electronic means shall be treated as having been received by a recipient on the day it is transmitted (such time to be determined by reference to the recipient’s time zone). You will not and hereby waive your rights to object to the arbitration prescribed herein.
Confidentiality. Unless otherwise required by the applicable law, and to the maximum extent permitted and possible, you, we, and the arbitrators shall maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Disputes. Unless prohibited under the law, the arbitrator will have the authority to make appropriate rulings to safeguard confidentiality.
No Class Arbitrations. Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding in any circumstances. There will be no class or other type of representative action, whether within or outside of arbitration where an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
Statutes of Limitation. To the maximum extent permitted under the law, you and we hereby agree that any claim arising out of or related to these Terms or the Services shall be filed within one (1) year after the ground for such claim arose. If the claim is not filed within this term, such claim shall be permanently barred, which means that neither you, nor we will have the right to assert such claim.
Term. These Terms will be in full force until terminated in accordance with the terms prescribed herein.
Termination by You. You may terminate these Terms at any time by terminating (closing) your User Account and ceasing access and use of the Services. You may individually terminate (close) your User Account via the functionality available on the Platform or request us to terminate your User Account, in which case your User Account will be deactivated for six (6) months after which the User Account will be terminated. During this period you may reactivate your User Account upon request to us, however after the expiration of such period your User Account will be permanently terminated (closed). Before terminating your User Account, you should withdraw your Funds held within it.
Termination by Us. These Terms shall be deemed automatically terminated if we (i) terminate the Services, (ii) terminate your User Account, or (iii) exercise our right to terminate these Terms as provided for herein.
Survival. Sections 3, 12-21, 23-28 of these Terms and provisions hereof constructed to survive the termination of these Terms shall survive any expiration or termination of these Terms, regardless of reason. Any termination hereof shall not affect the rights accrued prior to the termination of these Terms.
Communication Channels. You agree and consent to receive electronically all Communications that we provide in connection with these Terms and the Services. You agree that we may provide Communications to you through any of the Communication Channels, provided that only those postings shall be deemed to constitute Communication that are expressly marked as relating to these Terms. If you provide us with your email address, we may (but will not be obliged to) send Communications to you by email. All Communications specified in this paragraph shall be deemed in writing, valid and of full legal force, and delivered to you on the day following the day when they are published or transmitted, as the case may be.
Contact Details. You may electronically communicate with us by sending Communications to the following email address info@E-Gates.io. We may require you to provide additional data or documents that will allow us to identify you.
Severability. If any term, clause or provision of these Terms is held unlawful, void, or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Language. Currently, only the English version of these Terms and any Communications is considered official. The English version shall prevail in case of differences in translation of any E-Gates Information, Communications or other content. These Terms, as well as the interface of the Platform may be provided in multiple languages, but in case of any discrepancies, the English version shall prevail.
No Venture or Agency. Nothing in these Terms constitutes, or can be deemed to constitute, a partnership, association, joint venture, or other co-operative entity between you and us. Nothing in these Terms and no action taken by you or us pursuant to these Terms shall constitute, or be deemed to constitute, you the agent of any Operator for any purpose, and vice versa, with the exception of Transaction, initiated by you and being processed by us in accordance with your instructions. Neither you nor we have the authority or power to bind or to contract in the name of each other.
Entire Agreement. These Terms, together with any documents incorporated herein by reference, contain the entire agreement between you and us concerning the matters contemplated herein and supersede all prior and contemporaneous understandings, writings, letters, statements, or promises, both written and oral, between you and us regarding the subject matters hereof, including, without limitation, any public or other statements, promises, publications, or representations made by the Operators Parties. Unless otherwise expressly provided herein, there shall be no third-party beneficiaries thereto.
Assignability. You shall not assign or transfer any rights or obligations under these Terms without our prior written consent, including by operation of law or in connection with any change of control. We may transfer or assign these Terms, including any rights and obligations hereunder at any time and no such transfer or assignment shall require your additional consent or approval, provided that such transfer or assignment, to our best knowledge, will not reduce or alter any guarantees or rights available to you as a Consumer.
No Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms or law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Interpretation. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; words in the singular shall include the plural and in the plural shall include the singular; any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; Section headings do not affect the interpretation of these Terms. You hereby agree that a rule of construction does not apply to our disadvantage because we were responsible for the preparation of these Terms.
In these Terms, unless the context requires otherwise, the terms shall have the following meaning:
“Affiliate” means a person controlling, controlled by, or under the same control as the Operators.
“KYC Services” means the KYC services related to the conducting of know-your-customer (KYC), know-your business (KYB), know-your-transaction (KYT) checks provided by PassMe to you.
“Communications” means any letters, notices, messages, demands, requests, or other communications which may be required, permitted, or contemplated hereunder.
“Communication Channels” means the Website, our Twitter account, our Instagram account, our Telegram channels, groups, or bots, our Medium blog, our Reddit profile, LinkedIn page, and Facebook account. Links to our Communication Channels are provided on the Website.
“Consumer” means a natural person using the Services for personal or household purposes as defined under the applicable legislation, i.e. for certain purposes that are wholly or mainly outside their trade, business, craft, or profession.
“Data Processing Agreement” means the Processing Agreement attached hereto as Annex 1, as may be updated from time to time.
“Credentials” means the data that can be used to log in, access, and manage your User Account, including your username, password, two-factor authentication codes, etc.
“E-Gates”, “we”, “us”, “our” means UAB “E-Gates”, a company, established under the laws of Lithuania, having registered address at Žalgirio g. 88-101, 306155430 Vilnius, Lithuania.
“E-Gates Information” means any information, statements, announcements, data, content, and other materials provided on or through the Platform, and any communications made by us or on our behalf, as well as any other information however communicated by us or on our behalf with respect to the Services.
“E-Gates Parties” means E-Gates, Affiliates, their respective shareholders, directors, officers, employees, agents, advisors, contractors, successors, and assignees.
“Exchange” means a Transaction whereby a User exchanges the Digital Asset for the other Digital Asset, or for the Fiat Currency, and vice versa.
“Deposit” means a Transaction whereby a User transfers Funds to the balance of their User Account.
“Digital Assets” means cryptocurrencies and other cryptographic tokens, such as, for example, Gates ecosystem token (GET), USD Tether (USDT), USD Coin (USDC), Bitcoin (BTC), Ether (ETH), etc.
“Dispute” means any dispute, controversy, claim, suit, action, cause of action, demand, or proceeding.
“Fees” means certain fees charged by us in connection with the Services, including the fees for certain Transactions, Storage Fee, etc. The Fees may be outlined at our Fees Schedule.
“Fees Schedule” means our Fees Schedule, as may be updated from time to time and available at https://e-gates.io.
“Fees Plan” means a certain Fees Plan with respect to the KYC Services, as may be updated fromtime to time and available at https://e-gates.io/.
“Fiat Currency” means the government-issued currency that is designated as legal tender through government decree, regulation, or the law, such as, for example, Euro or U.S. dollar.
“Force Majeure Circumstances” includes, without limitation, (i) fire, flood, hostility, pandemic, act of God, explosion, strike; (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions, interventions, and operations; (iii) epidemic, pandemic, insurrection, labour dispute, accident; (iv) sanctions, government actions, embargoes; (v) injunctions, cease and desist orders, restraining or similar orders of, or prohibitions established by a court, governmental or other authorities; (vi) weaknesses, vulnerabilities and bugs in the software, blockchain networks, smart-contracts, other technologies used in connection with the Services, 51% attacks or similar attacks on Digital Assets’ underlying blockchain networks; (vii) actions, failures to act or inactions of Third-Party Service providers or other third parties, including fraud, loss or theft of funds by such third parties; (viii) system interference and/or destruction by any malicious programs; (ix) power failure, equipment or software malfunction or error; (x) other circumstances beyond our control interfering the performance hereof.
“FOSS Licence” means a free and open-source software licence that allows for editing, modifying, or reusing software’s source code.
“Funds” means the Fiat Currencies and/or Digital Assets.
“Inactive User Account” unless otherwise decided by us at our sole discretion, means a User Account through which no Transaction has been processed for a minimum of six (6) months.
“Intellectual Property” means any names of services and products, logos, trade marks and other marks, copyrighted content, trade secrets, URLs, domain names, patents, designs, drawings, pictures etc., which may be demonstrated within the Services, Materials, or otherwise provided by us or on our behalf.
“KYC/KYB Checks” mean identification, due diligence, know-your-client, know-your-business checks, and know-your-transaction, as well as other anti-money laundering and combating the financing of terrorism procedures as may be established by us from time to time.
“LCIA” means the London Court of International Arbitration.
“Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Services for their intended purposes on the terms set forth herein.
“Notice” means a written notice of your claim to any of the Operators Parties.
“Platform” means the Website, mobile applications (iOS- and/or Android-compatible), if any, and any associated software and application programming interface (API).
“Prohibited Business” means any businesses or activities, prohibited under the applicable laws or regulations, these Terms, and/or our internal policies and procedures, including, but not limited to, (i) the pornography, unlawful creation, sale, or distribution of other obscene materials, and sexually-related services such as prostitution, escorts, pay-per-view, etc; (ii) unlawful gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts, or gambling winnings, regardless of the location or type of gambling activity, excluding the payments for online gaming transactions that are expressly authorized by law in the jurisdiction of both the respective sender and recipient of the payments; (iii) fraudulent businesses, sale of counterfeit, unauthorised, or stolen items, or the sale of goods and/or services that are illegally imported or exported; (iv) private or personal banking; (v) purchasing and selling gold, including scrap gold, other precious metals or gemstones; (vi) purchasing and selling atomic power, weapons and munitions, gunpowder and other explosives, toxic, flammable, radioactive materials, and other related goods; (vii) extractive industry; (viii) purchasing and selling marijuana, drugs or other illegal substances, and any equipment designed for making or using drugs and other illegal substances; (ix) ponzi schemes, pyramid schemes, high-risk investment schemes, and (x) any other businesses or activities that we determine in our sole discretion to be unfair, deceptive, or those that poses elevated financial risk, legal liability, or violates the law or any regulations.
“Prohibited Jurisdiction” means any of the following jurisdictions and territories: Democratic People’s Republic of North Korea, Islamic Republic of Iran, Syrian Arab Republic, Republic of Cuba, the Crimea Region of Ukraine and Sevastopol, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, Myanmar, Afghanistan, Barbados, Burkina Faso, Cambodia, Cayman Islands, Haiti, Jamaica, Jordan, Mali, Morocco, Nicaragua, Pakistan, Panama, the Philippines, Senegal, South Sudan, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe, Albania, Gibraltar, and any jurisdiction or territory in which the use of the Services is prohibited by applicable laws or regulations, or which is subject to a country-wide or territory-wide sanction imposed by any country, government, or international authority.
“Prohibited Person” means any citizen or resident of, or person subject to jurisdiction of, any Prohibited Jurisdiction, or person subject to any sanctions administered or enforced by any country, government, or international authority, including the EU, OFAC, United Nations Security Council, but not limited to the above.
“Services” means the Platform, related software, components, KYC Services and any other services offered or provided by the Operators through or in relation to the Platform. It is expressly acknowledged that the Services do not include any Third-Party Content and Third-Party Services
“Storage Fee” means the Fee charged by us to cover the cost of maintaining the Funds in cases outlined in these Terms.
“Storage Mechanisms” means any accounts with banks or financial institutions, Wallets, vaults, or other storage mechanisms you use to receive, hold, manage, or dispose of the Funds.
“Taxes” means any income, earnings, capital gains, sales, use, value-added, or similar tax, arising from your transactions carried out on or in relation to the Services.
“Terms” means these Terms of Service, together with all agreements and documents incorporated herein by reference, as may be amended from time to time.
“Third-Party Content” means any content, information, materials, and items provided by third parties or produced from third-party sources, including (i) the description of, links to or elements of the Third-Party Services, (ii) promotional materials and advertisements, other third-party materials and data, (iii) third-party websites and resources, and links thereto, and (iv) any information produced or derived from Third-Party Services or other third-party sources, including blockchain transactions and data pertaining to any Digital Assets, not limited to the above.
“Third-Party Costs” means any costs, fees, or expenses that are charged by third parties or third-party technologies, including, for example, blockchain gas costs, commissions and fees related to or charged by Third-Party Services.
“Third-Party Services” means any software, services, items, and solutions that are not provided by the Operators, such as, for example, merchants, Digital Assets, Wallets, software or hardware wallets, analytic tools, blockchain smart-contracts, payment gateways, payment systems, payment service providers, bank services, bank cards, etc.
“Transaction” means a certain transaction with the Funds carried out through or in relation to the Services, such as Deposit, Exchange, Withdrawal, purchase or sale of the Digital Assets, purchase of the PassMe Services, etc.
“User” means a person that has registered for a User Account.
“User Account” means an account with the Platform registered by a User.
“Wallet” means a pair of public and private cryptographic keys that can be used to track ownership of, receive or spend Digital Assets on a blockchain network. A Wallet usually has a public address associated with it.
“Website” means the E-Gates website available at https://E-Gates.io, including any of its subdomains.
“Withdrawal” means a Transaction whereby a User transfers certain Funds from their User Account outside the Platform, for example to a Storage Mechanism.
“you”, “your” means the person who accepts these Terms, as described in the preamble of these Terms; if you are acting on behalf of an entity, “your”, “you” shall refer to both you as an individual using the Services, and the entity on whose behalf you are acting.
The following terms used in this Agreement will have the meanings given to them below:
“Applicable Data Protection Legislation” means the applicable data protection legislation as may be updated from time to time, including the GDPR.
“Controller” means the natural or legal person, which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“data subjects” has the meaning assigned to it in the GDPR.
“Documented Instructions” has the meaning given to it in section 3 below.
“GDPR” means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“KYC Data” means the personal data of data subjects that is uploaded in the course of the provision of the PassMe Services, which includes tags of approval, rejection or resubmission, as well as log files.
“personal data” has the meaning assigned to it in the GDPR
“Processor” means a natural or legal person, which processes personal data on behalf of the Controller.
“Security Incident” means a breach of our security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the KYC Data.
“Termination Date” has the meaning given to it in section 11 below.
Subject to the applicable law, including the Applicable Data Protection Legislation, and the Terms, we will act and process the KYC Data upon your documented instructions regarding the KYC Data (the “Documented Instructions”), which may be provided by you to us via the use of the Services. Additional instructions outside the scope of the Documented Instructions, if any, require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. If, in our opinion, your Documented Instructions infringe the Applicable Data Protection Legislation, we will immediately inform you of the same, in which case, you are entitled to withdraw or modify the respective Documented Instructions.