Effective Date 05/07/2024

1. Welcome to Crypto Wallet Powered by GateHub

By using our Platform, registering for a GateHub Account (“Account”) or using any of our Services, you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms of Use”). You should read the entire Terms of Use carefully before you use this Platform or any of the GateHub Services. If you do not accept these Terms of Use, do not access this Platform and do not use our Services.

Our Platform is accessible through GateHub’s website (https://gatehub.net), GateHub’s mobile app and through websites and mobile apps provided by third parties not affiliated with GateHub (the “Platform”). The Platform enables our users to access and use our services and services provided by third parties. Such services are governed by separated terms of use (the “Services”).

We often use the term cryptoasset in this document. This term refers to various cryptocurrencies and other related crypto instruments (“cryptoassets”).

Terms of Use is a legally binding agreement stipulated between you and GateHub. Once you agree with the Terms of Use you become a user.

By using our Services and accessing our Platform you represent and warrant that you have full power and authority to enter into this agreement, and have not been previously suspended or removed from using our Services.

Our Terms of Use is a legally binding agreement between you and us. You should read this carefully because it will define your rights and responsibilities in dealing with us.

As used in this Terms of Use, “GateHub” refers to the company GateHub Limited, with the registered office at Level 3 207 Regent Street, W1B 3HH, London, United Kingdom, including, without limitation, its owners, directors, investors, employees or other related parties. GateHub also refers to all the subsidiary entities. Depending upon the context, “GateHub” may also refer to the services, products, or other materials provided by GateHub.

As used in this Terms of Use, “GateHub Crypto” refers to the company GateHub Crypto d.o.o., a Slovenian subsidiary, with the registered office at Zaloska cesta 1, 1000 Ljubljana, Slovenia.

Please take note: GateHub will not be responsible for any damages resulting from bugs, vulnerabilities or other problems that may exist, now or in the future, in the XRPL, Xahau or codebase. GateHub is not the developer of nor is it a guarantor of the XRPL or Xahau.

Please read these Terms of Use carefully before using the Platform described herein and make sure you understand everything. Please also review the following documents, which form part of the Terms of Use:

• our terms of use for specific services or products, including gateways and services accessible through specific gateways;
• Privacy Policy for information about the personal data we process;
• Cookie Policy for information about which cookies do we use when you are interacting with us;
• Fees schedule.

In the event of any conflict between these Terms of Use, any relevant Service Terms (including terms for specific gateways) and the fees schedule, the fees schedule shall prevail over the Terms of Use and Service Terms, and the Service Terms shall prevail over the Terms of Use.

You also acknowledge our Privacy Policy for information about how we collect, use and share information collected from you.

We reserve the right to change, modify and replace these Terms of Use at any time based on our sole discretion without any prior notice to you. You will be notified of any substantial changes in advance through your Account. Any changes will be effective immediately upon posting on our Platform. It is your responsibility to review these Terms of Use regularly. If at any time you do not agree to these Terms of Use, please stop using our services and accessing our Platform. You will be deemed to have accepted changes to the Terms of Use, by continuing to use our services and accessing our Platform.

2. Verifying Who You Are

GateHub will do everything we can to respect and protect the privacy of our users. However, prior to allowing you to open an Account, we are required to first verify who you are, and make sure you are not using the services for illegal transactions, such as money laundering or terrorism financing.

GateHub has full discretion regarding the opening of an Account for a specific user. If GateHub declines to open the Account for whatever reason, GateHub is not required to provide any explanation to the user.

To start using services provided by GateHub Crypto or another third-party gateway provider, you will need to register on our Platform and perform a Know Your Customer (“KYC”) identification and verification procedure. The KYC procedures are set out in the terms relating to the relevant service provider.

3. Your Consent

As long as you agree to and comply with these Terms of Use, GateHub grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Platform.

4. Accounts

GateHub supports three types of cryptoasset Accounts called “XRPL Wallets”, “Xahau Wallets” and “Hosted Wallets”.

XRPL and Xahau Wallets are non-custodial wallets on the XRPL Ledger or on Xahau. They enable users to hold, store and transfer cryptoassets. In addition, they allow users to exchange cryptoassets using the XRPL or Xahau decentralized exchange.

Hosted Wallets are custodial wallets which are provided by third-party providers. They enable users to hold, store and transfer cryptoassets which are custodied by supported gateways. In addition, they allow users to exchange cryptoassets using the GateHub hosted exchange.

5. Accounts

Users can move assets in and out of their wallets using multiple gateways and custodians.

The gateways currently available via your Account are:

6. Your Secret Key and Password

This is an important one – read it carefully. Your XRPL/Xahau Wallet is protected from unauthorized access and use by others via a secret key encrypted with your password and recovery key held by you alone. GateHub does not have access to your secret keys (we store them in an encrypted state). Account information (including secret keys) CAN NOT be restored. So, DO NOT lose them!

IT IS YOUR SOLE RESPONSIBILITY TO KEEP YOUR SECRET KEY, RECOVERY KEY AND PASSWORD PROTECTED FROM UNAUTHORIZED DISCOVERY.

7. Your Account security

GateHub is not responsible for the consequences of another party accessing and using your XRPL/X Wallet or your Account data due to your fault or negligence. It is your sole responsibility to safeguard these secrets. GateHub will not be responsible for any funds lost in this manner.

Your GateHub Account is accessible using your login email, password and 2-Factor Authentication.

After you complete your first sign-up, a window containing your Recovery Key will appear. The Recovery key is a 32-character key and is the ONLY WAY you will be able to reset your login password should you lose it. If you lose your Recovery Key you will not be able to reset your Account details, and will not be able to access your Account, and any funds will be inaccessible.

8. Wallet Protect

This section applies only to holders of XRPL Wallets with “Wallet Protect” enabled.

Wallet Protect is an optional subscription service that further safeguards our users against the theft of digital currency held in XRPL wallets, and is provided by GateHub in conjunction with Digital Asset Services Ltd (trading as Coincover). By using Wallet Protect and paying your subscription fees, you confirm to GateHub that you have read and understood Coincover’s Product Information Document and agree to Coincover’s Terms of Use, which supersede any conflicting term herein. Coincover’s service is underwritten by Lloyd’s of London insurers.

This comprehensive service includes Deposit Protect Guarantee and Theft Cover.

What is covered?

• Protection against theft and loss of digital currency owned by you, to the maximum of the sum insured, held in a GateHub-provided XRPL wallet.
• Coverage against third-party hacks or theft of private keys resulting from: Brute Force Attack, Cyber Attacks, Phishing Software, Malicious Software, Trojans, Worms, Hacking, Device Theft, Insider Attack.
• Loss of your private wallet keys.

Enabling Wallet Protect will automatically convert your XRPL Wallet into a sophisticated multi-sign XRPL wallet, incorporating additional monitoring and recovery services to better protect your Account.

How does it work?

Access to your wallet is protected by a triple key system, in which you hold one key, Coincover holds a second key, and GateHub holds the third key, for use in Account verification and transaction monitoring.

Your Account is monitored 24/7 for suspicious activity, such as unauthorized attempts to access your wallet, blacklisted addresses, or unusually large transactions. Suspicious transactions are flagged and automatically blocked.

The lost key recovery service enables you to recover your digital currency in your wallets if you lose access to your private keys.

While this Wallet Protect service is enabled, your wallet’s currently configured “master key” and “regular key” are disabled, and, for security reasons, you will not be able to use your regular key or employ other additional third-party wallet solutions. Should you decide to discontinue use of the Wallet Protect service, GateHub will restore your XRPL wallet to its previous state by disabling multi-sign and re-enabling the “master key.”

Your Coincover protection comes with responsibilities, too. You will be required to provide accurate Account information, safeguard your passwords, assist in any claims process you initiate and abide by Coincover’s Terms of Use. All personal information you provide to Coincover will be treated as private and confidential. Coincover is registered as a “Data Controller” with the ICO and is required to comply with the General Data Protection Regulation (GDPR) and all other applicable data protection laws.

Your Wallet Protect subscription is billed annually for each XRPL wallet separately. A period is paid in full even if subscription is cancelled mid period. Wallet Protect can be upgraded or canceled at any time. Downgrades are not possible.

9. Our Fees

Our fee schedule is here, and forms part of these Terms of Use. The fee schedule is subject to change at any time, and we will not necessarily notify you of any changes. You should check the fee schedule prior to making any transaction.

The fee will be displayed prior to each transaction. Fees are charged when the transaction is executed and are deducted from the Account balance. If the balance is insufficient to cover the fees, we may refuse to execute the transaction.

10. Legal Language that YOU should read Very Carefully

You understand that GateHub allows you to interact directly with the XRPL or Xahau to create a XRPL/Xahau Wallet, initiate payments postings to the XRPL or Xahau as well as view transaction histories and balances available via the XRPL or Xahau. You understand that GateHub itself does not process payments or hold transaction histories and balances and is merely a tool for initiating actions that occur within the XRPL or Xahau and viewing the record of those actions. You understand that actual payments are processed via the XRPL or Xahau, not by GateHub, and that resulting balances shown are (i) held by third parties or (ii) in the case of XRPL or Xahau, held through a chain of custody documented on the XRPL or Xahau.

You acknowledge and agree that we have no control, responsibility or authority over such third parties. GateHub merely interoperates with such entities via the XRPL or Xahau. For more information about the XRPL or Xahau, including XRPL/Xahau transaction fees (which will be charged in addition to GateHub fees), please visit the XRPL or Xahau website.

You further acknowledge and agree that transactions you initiate within the XRPL or Xahau will be available to the public on the Internet via the XRPL or Xahau. This allows you to view the public payments data posted for XRPL/Xahau Wallets – including your own XRPL/Xahau Wallet. Once data is shared to the XRPL or Xahau, neither GateHub nor any third party may selectively censor or blacklist access to, and subsequent use of, such data.

To the extent permitted by applicable law, (a) we make no promises as to the completeness, accuracy, availability, timeliness, propriety, security or reliability of the Services or the Platform; (b) your access and use of the Services and the Platform are at your own risk, and (c) the Services and Platform are provided “as is” and “as available”; and (d) we, and our group companies, and our and their officers, directors, employees (“GateHub Entities”), disclaim all warranties & conditions, express or implied, including, but not limited, to the implied warranties of satisfactory quality, fitness for particular purpose, or non-infringement.

To the maximum extent permitted by applicable law, in no event will the GateHub Entities be liable for any indirect, incidental, special, consequential or punitive damages, or any loss (e.g. of profit, revenue, data, or goodwill).

To the maximum extent permitted by applicable law, in no event will the aggregate liability of the GateHub Entities (whether in contract, tort (including negligence), breach of statutory duty or otherwise), arising out of or relating to the use of, or inability to use the Platform or the Services, or to these Terms of Use exceed the lesser of (a) the value of the cryptoassets or currency in your XRPL/Xahau Wallet and/or Hosted Wallet at the time of the event giving rise to liability, or (b) $1,000.

Nothing in these Terms of Use shall operate to limit or exclude liability for (i) death or personal injury resulting from our negligence (ii) fraud or fraudulent misrepresentation, or (iii) any other liability which may not lawfully be limited or excluded.

This clause will survive the termination of these Terms of Use.

11. Availability of Services

We will strive to provide you with the service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

We will use reasonable endeavors to ensure that the Platform can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Platform for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in all circumstances.

For Customers from the United Kingdom, the restrictions and limitations on accessing the Platform apply. Please see the Terms of Use for a Gateway(s) for more details.

12. Indemnity

To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold harmless GateHub and its partners against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with, directly or indirectly, your or your authorised representatives’:

• use of, or conduct in connection with, the Services;
• breach of these Terms of Use or any other policy of GateHub; or
• violation of any applicable law or the rights of any other person or entity.

This clause will survive the termination of this agreement.

13. Disclaimer

Many jurisdictions have laws protecting consumers and other contract parties, limiting their ability to waive certain rights and responsibilities. We respect such laws; nothing herein is intended to waive rights or responsibilities that cannot be waived.

This clause will survive the termination of this agreement.

14. Limited Right of Use

Unless otherwise specified, all software, text, images, graphics, data, prices, trades, charts, graphs, video and audio and other material of any kind (“Materials”) on this Platform are the property of GateHub and are protected by copyright, trade mark and other applicable intellectual property laws. You may view, print and/or download a copy of the Materials from this Platform on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.

The trade marks, service marks and logos of GateHub and others used in this Platform (“Trade Marks”) are the property of GateHub and their respective owners. The Trade Marks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Trade Marks and Materials on any other platform or networked computer environment for any other purpose is strictly prohibited.

By submitting your content directly or indirectly to or through the Platform in any way, including, but not limited to, blogs, message boards, forums and APIs (whether or not submitted through a third party), you grant GateHub a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display all of your content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. GateHub shall be the sole owner of any derivative work produced by GateHub based on, or in any way connected with, your content, and shall have the right to use such derivative work for any purpose, commercial or otherwise, without any further obligation to you. GateHub has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or modify content or disable access to content that it considers breaches these Terms; or (ii) suspend or discontinue your opportunity to submit, post or upload content. GateHub has no obligation to pay you for providing such content.

This clause will survive the termination of this agreement.

15. Maintaining Your Account: Our rules

This Platform and your GateHub Account is for the use of the Account holder only – you may not create Accounts on behalf of other people or allow other people to use your Account. We are vigilant in maintaining the security of our Platform. By registering with us, you agree to provide GateHub with current, accurate, and complete information about yourself as prompted by the registration process, and to keep such information updated.

You further agree that you will not use any Account other than your own, or access the Account of any other users at any time, or assist others in obtaining unauthorized access. The creation or use of Accounts without obtaining the prior express permission from GateHub will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such users being terminated. Termination is not the exclusive remedy for such a violation, and GateHub may elect to take further action against you.

You also are responsible for all activity including transactions that are posted to your Account.

You agree that you will not use the Platform or services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.

You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with using our Services. We are not giving any advice regarding tax issues and are not responsible for determining any tax implications connected with our Platform or Services. We make no representation as to the tax implication of any jurisdiction. You shall be solely liable for all such penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax. If certain taxes shall be applicable for our Services, they shall be added on top of the applicable amount. Upon our request, you will provide us any information we reasonably request to determine whether we are obligated to collect applicable tax from you, including your tax identification number. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

By accessing the Platform, using the Services or registering as a user, you represent, warrant and undertake that:

1. 1. you have accepted the Terms of Use;
   2. you are the legal owner (or an appropriately authorised representative of the legal owner) of the funds you add to your Account and that the same funds derive from a legitimate source;
   3. your use of the services does not constitute a breach of applicable law;
   4. you are aware of the risks in using the services provided by GateHub and have the necessary experience and knowledge to understand the risks involved in relation to each service provided by GateHub. These risks include the high volatility risk of cryptoassets itself, and that you may lose all of the funds in your Account if the market moves against you;
   5. the information or documents you provide as part of any ID verification process are correct, genuine and up to date;

you will provide any additional information that GateHub might require from you for the purposes of identification and for any other purposes which are needed to ensure GateHub’s compliance with applicable regulatory requirements.

16. Financial Advice

• For the avoidance of doubt, we do not and will not provide any investment advice in connection with the services contemplated by these Terms of Use. Any decision to purchase or sell cryptoassets is solely your own and we will not be liable for any loss suffered from such transactions.

17. Financial Regulation

Most cryptoassets, and all cryptoassets offered via the Platform, are not regulated in the UK by the Financial Conduct Authority. When you buy cryptoassets through GateHub, it will not be protected by the Financial Services Compensation Scheme and you will not have recourse to the Financial Ombudsman Service.

GateHub is not a financial institution in terms of the banking regulations or any other regulation applicable to financial institutions, such as electronic money institutions.

GateHub does not provide any licensed or regulated financial services, such as investment services, fund management or investment advice.

GateHub is not acting as the user’s broker, intermediary, agent or advisory in any fiduciary capacity.

18. Email

Email messages sent over the Internet are not secure and GateHub is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send “pretty good privacy”, or PGP encrypted emails to us. The instructions and keys to do so are available upon request.

19. Suspension of Services, Termination of Services

We may, in our discretion and without liability to you, with or without prior notice, temporarily suspend or permanently terminate your access to the Platform, your Account or all or some Services(i) in the Event of Force Majeure (ii) if you breach these Terms of Use, or (iii) if we are required to do so in order to comply with our own regulatory obligations.

For the purpose of this section, “Event of Force Majeure” means any circumstances which we cannot reasonably be expected to control (which shall include Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes, breakdown in machinery, or interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing.

In particular, we may take such action set out in section 18.1 in the following circumstances: (1) you attempt to gain unauthorized access to the Platform or another user’s Account or provide assistance to others attempting to do so, (2) you interfere, or try to interfere, with software security features limiting use of or protecting any content, (3) you use the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) you violate these Terms of Use, (5) you fail to pay, or make fraudulent payment, for transactions, (6) you infringe the intellectual property rights of third parties, or (7) we are requested by law enforcement or other government agencies to do so, if deemed to be legitimate and compelling by GateHub, acting in its sole discretion.

Temporary suspension. If we suspect activity from your side, which might qualify as a breach of these Terms of Use, we may temporarily suspend access to your Account or access to specific services within the Account. Such temporary suspension may last a maximum of 48 hours. Within this timeframe we will conduct an internal investigation. If our suspicion will be confirmed, we will trigger permanent termination of your Account.

Permanent termination. In case of permanent termination of your access to our services, we will deactivate and delete your Account, without liability to you. In the event of termination GateHub will return assets stored on the Account, unless GateHub believes the user committed fraud. You shall bear all the costs associated with such transfer.

We expressly reserve the right to cancel and/or terminate Accounts that have not been re-verified by the user despite our good faith efforts to contact you seeking such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party cryptographic “escrow” account, and will no longer be maintained or be the legal responsibility of GateHub.

You may terminate these Terms and Conditions with GateHub, and close your Account at any time, following settlement of any pending transactions, by following the instructions published on our support page, here, or with a 14 days’ notice by contacting our users support at [email protected].

You agree that the Service is made available to you immediately when you issue a request for a transaction. You (i) acknowledge that you lose your right to cancel the transaction for any reason; and (ii) agree that you request us to immediately begin providing the Services.

The suspension of an Account shall not affect the payment of the fees due to GateHub for past transactions.

Any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect. This includes (but is not limited to): this clause, “Sanctions”, “Our Fees”, “Legal Language…”, “Indemnity”, “Disclaimer”, “Limited Right of Use”, “Maintaining you Account: Our Rules”, “Disclosures to Legal Authorities…”, and “International Transfers of Personal Information”.

20. Suspension or discontinuation of Services in general, modification of Services

We may, in our full discretion and without liability to you, with prior written notice, suspend or terminate some or all of our Services. In case of such suspension or termination, we will notify you at least 14 days prior to such discontinuation of services and you will have the right to close your Account.

We may modify and upgrade existing services at any time or we may introduce new services, without prior notice to you.

21. Third Party Services and Products

We may offer services or products from external providers which are not affiliated with us, including elements of Wallet Protect (“Third Party Services”).

Use of Third Party Services is not governed by these Terms of Use. Each Third Party Service is governed with by the relevant terms of the respective third party. Third Party Services are not under the control of GateHub and GateHub’s responsibility for Third Party Service is, to the extent permitted by law, completely excluded.

GateHub shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of Third Party Services. The inclusion of Third Party Services on our Platform does not imply recommendation, approval or endorsement by GateHub of Third Party Services or providers of such services.

We may offer Third Party Services directly on the Platform or through the links made available through our Platform to reach websites from the external providers.

22. Miscellaneous

These Terms of Use constitute the entire agreement between us and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Use.

GateHub reserves the right to make changes to these Terms of Use, at its discretion, and at any time.

You may make a complaint by contacting our support or by sending an email to [email protected]. We will endeavour to resolve a reported complaint quickly. In any case, we shall resolve a reported complaint not later than 14 days after the complaint was addressed to us. While we will strive to do our best to provide you with any information you require in an accurate manner, any information given shall be subject to these Terms and Use and/or any other terms, conditions or rules directly contained in email format. In case of any contradictions between the information given by our support and the Terms of Use, the provisions contained in these Terms shall prevail. Without prejudice to your legal rights, you hereby acknowledge that any complaint made by you more than 14 days after the date of finalization of the transaction which is the subject of the complaint in question will not be taken into consideration and shall have no value.

These terms shall be governed by English law, except that (if you are a consumer and not a business user) there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law (“Applicable Law”). Subject to the Applicable Law, the courts of England have non-exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use (including a dispute relating to the existence, validity or termination of these Terms of Use or the consequences of their nullity or any non-contractual obligation arising out of or in connection with these Terms of Use).

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms of Use and/or your use of the Platform and the service, your Account or any other matter, please contact us at [email protected].

A person who is not a party to these Terms of Use shall not have any rights under or in connection with them, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.