1. a. You are located in, or a citizen or resident of, any state, country, territory, or region that is embargoed by the United States (e.g., Iran, Cuba, North Korea, Syria, the Crimea region of Ukraine, or the so-called Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine), or where your use of the Services would be illegal or otherwise violate any applicable law;
2. b. You are subject to United States sanctions regardless of whether you are listed on a U.S. Office of Foreign Assets Control sanctioned parties list;
3. c. You are owned or controlled by a person or entity subject to U.S. blocking sanctions; or
4. d. Placed on the U.S. Department of Commerce’s Denied Persons List or Entity List (each a “Restricted Party”).

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.

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.

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 s 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 s 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.

Unless Gate US has provided prior, written approval, you are allowed only one Gate US Account.

• The features, functions, characteristics, operation, use, and other properties of any Digital Asset (“Digital Asset Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use, or transact any Digital Asset may be complex, technical, or difficult to understand or uate.
• Any Digital Asset and its Underlying Technology may be vulnerable to hacking, cyberattack, or other attacks on the security, or operation of the Digital Assets or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
• Due to the nature of Digital Assets, there is an increased risk of fraud or Attacks, and your Digital Assets or the value of your Digital Assets may be irretrievably lost.
• Any Digital Asset, Digital Asset Properties, or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a Digital Asset or blockchain.
• Any Digital Asset may be cancelled, lost, or double spent, or otherwise lose all or most of its value, due to forks, rollbacks, Attacks, changes to Digital Asset Properties, or failure of the Digital Asset to operate as intended.
• Gate US may suspend or cease to support the transfer, storage, exchange, or trading of any Digital Asset at any time at Gate US’s discretion. Other exchanges and service providers may do the same.
• Gate US may not support metacoins, colored coins or other Digital Assets, their related side chains or other Underlying Technology that are based on a fork, enhancement, or derivative of a different Digital Asset or Underlying Technology (“Derivative Protocols”) even if the Derivative Protocol is based on a Digital Asset that is supported by Gate US.
• Gate US may suspend or reject your transaction requests or deposits to your Gate US Account, suspend or cease support for Digital Assets, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Gate US’s discretion.
• You may be unable to withdraw Digital Assets prior to Gate US ceasing to support transfer of any such Digital Assets, or you may be unable to withdraw Digital Assets or fiat currency prior to Gate US terminating any Services or your access to your Gate US Account, resulting in the loss of any such Digital Assets or fiat currency remaining in your Gate US Account.
• Any Digital Asset may decrease in value or lose all of its value due to various factors including the discovery of wrongful conduct, market manipulation, changes to Digital Asset Properties or perceived value of Digital Asset Properties, Attacks, suspension or cessation of support for a Digital Asset by Gate US or other exchanges or service providers, and other factors outside the control of Gate US.
• Any Digital Asset may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action.
• Any Digital Asset may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Digital Asset).
• You may be prevented from sending a transaction request, or your transaction request or email may not be received by Gate US or the Services, due to hardware, software, or services issues (including, without limitation, Internet and other network connectivity issues).
• Your transaction request or email to Gate US or the Services may be lost, intercepted, or altered during transmission.
• Unauthorized third parties may access or use your Gate US Account and affect transactions without your knowledge or authorization, whether by obtaining the password to your Gate US Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your Gate US Account, or by other methods.

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”).

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 segregate your fiat currency in a separate bank account or to segregate any of your Digital Assets at a separate blockchain address. 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 will be commingled with the fiat currency of other users and stored in one or more 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 users or Gate US. 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.

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.

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.

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.

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:

1. a. The amounts that you are able to withdraw on a daily or other periodic basis;
2. b. The amount or timing of withdrawals made shortly after deposits have been made; and
3. c. Other limits based on risk mitigation, fraud prevention, and other security protocols implemented by Gate US.

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.

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.

1. 6.6.1. Order Confirmation
2. 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.
3. 6.6.2. Order Matching and Trade Execution
4. 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.
5. 6.6.3. Cancellations
6. 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.
7. 6.6.4. Insufficient Digital Assets or Fiat Currency
8. 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).

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.

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.

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.

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.

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.

Gate 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.

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.

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.

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.

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).

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.

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.

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Gate US Account. You understand that Gate US will report your Gate US Account transaction activity or other activity associated with your use of the Services to the applicable tax authority or other governmental authority, to the extent that reporting is required by applicable law or valid legal order. No communication or information provided to you by Gate US is intended as, or shall be considered or construed as, legal or tax advice.

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.

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.

1. 19.2.1. Notice of Dispute
2. 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.
3. 19.2.2. Arbitrator Selection and Rules
4. 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.
5. 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.
6. 19.2.3. Scope and Authority
7. 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.
8. 19.2.4. Hearings and Location
9. 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.
10. 19.2.5. Confidentiality
11. 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.
12. 19.2.6. Fees and Costs
13. 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.
14. 19.2.7. Time Bar
15. 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.
16. 19.2.8. Opt-Out
17. 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.
18. 19.2.9. Governing Law for Arbitrations
19. 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.