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Terms of Use

1. General Terms

1.1. Please read these Terms of Use of Gatewaycrypto.io (hereinafter referred to as “Terms”) carefully before using any Services provided on the Gatewaycrypto.io website (hereinafter referred to as “Gatewaycrypto.io”, “Gatewaycrypto”, “Website”, “site”, “service”, “us”, “we” “our”). This website is owned and operated by the company NEXT DAY TECH LLC, register number 3493, address: Euro House, Richmond Hill Road, P.O. Box 2897, Kingstown, St. Vincent and the Grenadines (hereinafter referred to as “Company”).

1.2. “User”, “you” and “your” refer to you, the authorized person of the legal entity accessing the website, using our and accepting these Terms.

1.3. If you do not agree with these Terms, you may not access or use the Website or any Services provided on the Website. All information and Services provided on the Website are provided on a strictly “as-is” basis without any warranty whatsoever.

1.4. Please leave the Website and do not create an Account if you do not agree with the terms and conditions laid down below. Otherwise, you take all risks and responsibility for holding and dealing in Virtual Currency, though we have warned you.

2. Acceptance of Agreement

2.1. By accessing the Website, opening an Account on the Website, or using our Services you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, AML Policy, and another legally binding document publicly available on the Website as well as all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, whether you are a visitor of the site or a registered member. Use of cryptocurrencies may be illegal in some jurisdictions and it is your responsibility to know the regulatory requirements concerning cryptocurrency transactions in your jurisdiction before using the services. The materials contained herein are protected by applicable copyright and trademark law. We may revise these Terms at any time by updating this page on our website and it is your responsibility to check back regularly for any updates to the Terms of this website. When you accept this agreement, you specify that you are at least 18 years old and are legally able to enter into a contract. By accepting, you agree to every provision of this agreement.

3. Amendments

3.1. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without prior notice by posting the changes to these Terms of Use on Gatewaycrypto.io. Your continued use of Gatewaycrypto.io after any such changes constitutes your acceptance of the updated Terms of Use. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms. Gatewaycrypto.io may assign/transfer/cede all or certain rights and/or obligation under these Terms of Use (including your accounts, balances, orders, assets, data etc.) to a third party (successor/assignee/cessionary) and you irrevocably agree with that. We will notify you in case such cession/transfer (assignment) will take place. 

4. Definitions

4.1. GatewayCrypto (also referred to as the “Platform“) – an online platform, operated by the Company, that offers the technological solutions of accepting, sotoring, exchanging and sending of Virtual Currency.

4.2. For the purposes of these Terms of Use, the following definitions shall apply:

Account – an account opened by you on the Website to access Services offered on the Website.

AML Policy – rules of conduct aimed at the prevention of money laundering and terrorism financing, developed by the Company in accordance with the Applicable Law, which construes an integral part of the Terms and can be accessed at [].

Applicable Law – laws of St. Vincent and Grenadines, and any other applicable law under these Terms to any and all relations between you and the Company.

Deposit – a transaction, which involves the transfer of Virtual Currency from external wallets to your Account.

Exchange – exchange transaction of Virtual Currency to another Virtual Currency conducted through the Account.

Services – any services, provided on the Platform by the Company, laid down in these Terms under Section “Description of Services”.

User (also referred to as “You“, “Your“) – a legal entity, incorporated in an appropriate legal form, that has opened an Account on the Website, who has the capacity to enter into a legally binding contract and use the Website, and is not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply.

Virtual Currency – decentralized peer-to-peer digital asset, include tokens, that has no central issuer and is not legal tender, is not securities, e-money, or money under the Applicable Law

Wallet - external or internal virtual currency wallets that are used to receive, send and store the Virtual Currency

Withdrawal - a transaction, which involves the transfer of the units of Virtual Currency from your Account to external wallets.

5. Description of Services

5.1. The Company through its Platform provides the following services (collectively – “Services“, and separately – the “Service“):

  • Depositing and Withdrawing units of Virtual Currency on the Platform;
  • Exchange of Virtual Currency unit for units of another Virtual Currency;
  • Virtual Currency wallet Services.

Please note, that the Company is a purely technological solution provider and in order for the Company to be able to provide aforementioned Services fully, it may use or partner with third-party service providers, which enable specific functionalities or provide specific parts of Services.

5.2. By providing a Service of exchanging Virtual Currency for another Virtual Currency, We use the then-prevailing spot market exchange rate for the given trading pair. You further acknowledge and agree that whilst the prices displayed by us may take into account market data from various sources, they are not taken directly from any one source and therefore may not match prices that you see elsewhere.

5.3. You hereby understand and agree that any price or rate of any supported cryptocurrency which appears on the website is accurate for that moment alone, due to the highly volatile nature of the price of cryptocurrencies and the period of time required for completing the transaction. The final amount of the order can be recalculated in accordance with the actual exchange rate. 

5.4. By provisioning the cryptocurrency wallet address, you acknowledge the ownership of it. You are solely responsible for maintaining and controlling your cryptocurrency wallet(s). Make sure to keep secret the access credentials to your cryptocurrency wallet, otherwise you can permanently lose your crypto assets. We have no liability for any operation or failure of your own cryptocurrency wallet. 

5.5. For every transaction made within the Platform (either exchange or wallet transaction) an unequivocal transaction identifier will be assigned for reference in case of conflicts (disputes) or other issues (transaction receipt or order ID).

5.6. You fully understand, that Virtual Currency transactions are final and irrevocable, thus you are fully liable for making such transactions. Additionally, we have no control over wrongfully deposited or withdrawn funds to or from your Account. You are fully responsible and liable for for any loss or damage caused by any wrongfully made transaction.

We do not provide Exchange of Virtual Currency for fiat money or vice-versa.

We do not provide any ICO or crypto mining services.

6. Eligibility Criteria

6.1. To access the Services, you must open an Account on the Website by undergoing a registration procedure on the Website.

6.2. The Services and the use of the Website are available to legal entities, that:

  • have the capacity to enter into a legally binding contract and use the Website, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply;
  • are residing or incorporated in countries and territories we support.

6.3. You can only have one Account on the Website. You should not create more than one Account on the Website unless expressly permitted by the Company.

6.4. You cannot create an Account on the Website if your Account has previously been suspended by the Company.

7. Account

7.1. When opening an Account on the Website, you warrant that any and all information, submitted by you is accurate, valid, up-to-date, and complete.

7.2. You shall not use your Account for illegal purposes and activities, which may include but is not limited to money laundering, terrorism financing, human, drug, weapon, and sex trafficking, or tax evasion, stolen coints, use of Darknet market services. If such suspicious activities related to the user’s account are detected, a transaction reversal will be carried out at the customer’s expense. 

7.3. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity. 

7.4. You are solely responsible for keeping your Account secure. Do not share your login, password or any other access details with others.

7.5. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account. Please contact us at support@gatewaycrypto.io immediately in this case!

7.6. The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms.

7.7. For the access of full Functionality of the Platform, the Company may request you to enter into an additional agreement with the Company outlining special terms and conditions as an addition to these Terms.

8. Account Registration

8.1. At registration, the user has to state an email address as a username and choose a secure password. By opening an account to use the services, you expressly represent and warrant that you: 

  • have the full capacity to accept and have accepted the terms and conditions of these Terms of Use and have full capacity to enter into a transaction involving cryptocurrencies;
  • are a resident in an area that permits the use and exchange of cryptocurrencies;
  • are not using the services on behalf of any third party.

8.2. In order to receive access to the Services, provided on the Website, you will have to provide certain information and documents and undergo a verification procedure. For more information, please, read the AML Policy .

8.3. The Company may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.

8.4. You are solely responsible for the accuracy, validity, and correctness of all information and documentation you submit to the Company. Should there be any error, mistake, update, or change in information or documents you have submitted prior, you are obliged to notify the Company immediately.

8.5. Information and documents, submitted by you to the Company are processed according to provisions of our Privacy Policy .

8.6. You are solely responsible for maintaining the confidentiality of the information you hold for your registered account, inclusive of your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. 

9. User Conduct

9.1. While visiting, accessing, using the Website and Services, you agree to:

  • not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
  • not provide false, inaccurate, incomplete and misleading information to the Company;
  • not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
  • not use the Website in any way that can damage, disable or overburden the Website, which may include but is not limited to uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Website;
  • not attempt to gain unauthorized access to the Website, other Users’ Accounts, computer systems or networks connected to the Website or to extract data from the Website;
  • not share your Account and/or password with third parties or use any other person’s Account and/or password;
  • not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
  • not violate any laws that apply in your jurisdiction concerning the use of Virtual Currency;
  • not violate these Terms and the Applicable Law in any other way.

10. Prohibited Jurisdictions

10.1. Services offered by the Company are strictly prohibited and are not intended for the entities registered in the following countries (hereinafter referred to as “Prohibited Jurisdiction”):

  • Afghanistan
  • Belarus
  • Burma (Myanmar)
  • Central African Republic
  • Congo
  • Crimea
  • Cuba
  • Donetsk and Luhansk
  • Ethiopia
  • Eritrea
  • Guinea-Bissau
  • Iran
  • Iraq
  • Lebanon
  • Libya
  • Mali
  • North Korea
  • Russian Federation
  • Somalia
  • South Sudan
  • Sudan
  • United States of America
  • Venezuela
  • Yemen
  • Zimbabwe

10.2. By using our Website or registering to open Account and using our Services you warrant and represent that you are not a resident of an Prohibited Jurisdiction. You may use the services only as permitted by law, including applicable local laws and regulations. If you are not sure whether your jurisdiction is prohibited or not, please contact our support team via support@gatewaycrypto.io to find out the current list of Prohibited Jurisdictions before registering on the website.

11. Account Closing & Suspension

11.1. You can close your Account at any time at your sole discretion. Before closing your Account, all your assets have to be withdrawn to external wallets.

11.2. The Company reserves the right to suspend your Account in an event:

  • we reasonably believe your Account has been compromised, as well as for any other security reasons;
  • we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
  • you fail to comply with these Terms, as well as with any other document that construes a part of these Terms;
  • you have provided us with any false, incomplete, misleading, inaccurate information;
  • you, your Account, your behavior poses regulatory risks to the Company;
  • we reasonably suspect you of fraud, violating the Applicable Law;
  • other reasons that constitute a violation of these Terms and the Applicable Law.

11.3. The Company may, but is not obliged to, notify you about the reasons for your Account suspension. Assets from your Account will be withdrawn to wallets, information about which you shall provide to the Company’s customer support.

11.4. In an event of Account closing or suspension, you will still be liable for all applicable Fees.

11.5. The Company is not liable for any losses suffered due to your Account closure or suspension.

12. Fees

12.1. The Platform is operated on an automatically Fee-charging basis for the Services and the Company does not issue any invoices. The applicable Fees for any transaction will be displayed to you before executing a given transaction.

12.2. Fees shall be paid at the time of the completion of each transaction.

12.3. Specific Fees may be agreed with You within a separate agreement between you and the Company.

13. Non-Waiver

13.1. These Terms shall be governed and construed in accordance with the laws of Saint Vincent and Grenadines without regard to its conflict of law provisions. Our failure to exercise or enforce any right shall not operate as a waiver of such right. Our waiver of a breach of these Terms of Use or Privacy Policy shall not waive any other provision or operate as a waiver of a subsequent breach of the same provision. 

14. Links to Other Websites

14.1. Our services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. 

14.2. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. 

15. Indemnification

15.1. You agree to defend, indemnify and hold harmless Gatewaycrypto.io and its licensee and licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the services, or b) a breach of these Terms. 

15.2. Gatewaycrypto.io reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Gatewaycrypto.io

16. LIMITATION OF LIABILITY

16.1. UNDER NO CIRCUMSTANCES SHALL GATEWAYCRYPTO OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SITE MATERIALS OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’ PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID FOR USE OF THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. FOR THE AVOIDANCE OF DOUBT, WE BEAR NO RESPONSIBILITY FOR THIRD PARTY TRANSACTIONS. ANY CLAIMS REGARDING SUCH THIRD PARTY TRANSACTIONS SHALL BE DIRECTED TO THE RELEVANT THIRD PARTY ONLY. 

17. Site Content

17.1. Unless otherwise indicated, all of the content displayed on Gatewaycrypto.io, including, but not limited to, any and all text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by us or our licensors and protected by copyright, trademark, trade dress, or other intellectual property rights. 

18. Copyright and Intellectual Property

18.1. All rights, save as expressly granted, are reserved. Reproduction in any form of any part of the contents of this website without our prior written consent is prohibited unless for personal use only. The copyright in all materials provided on this web is held by Gatewaycrypto.io or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission from us or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach these Terms. You may not “mirror” any material contained on this Site without our express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Gatewaycrypto.io or its licensors and is protected by international copyright laws. All rights not expressly granted are reserved. 

18.2. Using our content does not give you ownership of any intellectual property (“IP”) rights in the content you access. You may not infringe the IP rights associated with any content. This does not restrict you from obtaining express permission from its owner or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos found in our content. Do not remove, obscure, or alter any legal notices displayed in or along with our content. Unless otherwise notified at the time of access and as referred to above, Gatewaycrypto.io does not and cannot offer any license or use in the content you locate on our Gatewaycrypto.io or any of our databases. 

19. Severability

19.1. If a provision of these Terms is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Terms or any additional agreements will not be impaired.

20. Risks

20.1. Gatewaycrypto.io shall not be responsible for any damage or loss incurred by you as a result of using the services. By accepting the Terms of Use, you acknowledge that you have fully read and understood and are aware of the possible risks involved. You acknowledge that online services related to Virtual Currencies and other services provided carry significant risk. Prices can fluctuate on any given day. Due to price fluctuations, any related cryptocurrency may gain or lose value at any time. You acknowledge and agree that Gatewaycrypto.io does not act as a financial advisor, does not provide investment advice services and/or any communication between you and Gatewaycrypto.io cannot be considered as investment advice. You represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. We give you no warranty as to the suitability of the services and assume no fiduciary duty in our relations with you. 

21. Chargeback Policy/Refund Policy

21.1. No chargebacks apply while using Gatewaycrypto.io and you agree with that. Unless otherwise specified, all exchange operations made by platform users on the Gatewaycrypto.io website are final and non-refundable. 

22. Disclaimer of Warranties

22.1. THE WEBSITE AND ALL SITE MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. 

23. Dispute Resolution

23.1. Both Gatewaycrypto.io and the user agree that any disputes arising between the two parties shall be initially attempted to be resolved by contacting the other party. In such cases, the user shall contact Gatewaycrypto.io by sending an email to support@gatewaycrypto.io, and Gatewaycrypto.io shall contact the user via the email that was used for registration or any other information that the user provided in his/her account. If the parties are unable to resolve the dispute via negotiations, then the dispute might be resolved by court according to the Saint Vincent and Grenadines legislation and court system.

24. Term of the Agreement. Termination.

24.1. The Agreement becomes effective as of its acceptance by you by way of registering for opening Account or using our Website. The Agreement shall remain in force until terminated. This Agreement may be terminated if the following occurs:

  • In the case of one of the parties states a wish to terminate this Agreement by notifying the other party in 30 days upfront; However, you are able to do so only if you have no obligations upon us and/or opened orders, exchange transactions etc.
  • In the case the you breach or we have the reasonable grounds to think that you breach or you willing to breach the terms specified in these Terms of Use, AML Policy and or in case of demand of legislation or authorities, we may terminate this Agreement unilaterally and immediately with post-factum notifying you of such termination.

24.2. You understand and agree that we reserve the right at our sole discretion, suspend or discontinue all or part of your access to the services without prior notice or liability.

24.3. Under the provisions of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007 of St.Vincent and Grenadines, a distance contract is legally binding upon the contractors without the requirement of a signature. You acknowledge that this Agreement and all the terms and conditions thereof are legally binding upon you and breach of any of the terms and conditions of this Agreement shall give rise to possible legal actions, should out- of-court settlement does not prove of a sufficient settlement method of any matter arising out of or in connection with any term or condition of this Agreement. You hereby acknowledge and agree that by registration on the website you show your approval of this Agreement;