1. OVERVIEW 1.1 Your access to and use of the Service(s) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access and/or use the Service(s). 1.2 These Terms and Conditions (hereinafter referred to as the “Terms”) govern your access to and use of the services provided by KRYPTIC GATEWAY LTD (hereinafter referred to as “Kryptic Gateway”, “the Company”, “we”, “us”). 1.3 Kryptic Gateway enables merchants to: i. Accept cryptocurrency payments through both fixed amount invoices (where network and processing fees are added on top of the payment) and open invoices (where fees are deducted from the amount received); ii. Process payouts and withdrawals to wallet addresses specified by clients or end-users, with optional approval thresholds and audit logging; iii. Convert balances between supported digital assets at published rates, with applicable conversion fees; iv. Manage and monitor all activity through the Kryptic Gateway dashboard; v. Integrate the Gateway into their platforms using the API, hosted payment widget, or webhook notifications, subject to the technical requirements and documentation provided by Kryptic Gateway. 1.4 Kryptic Gateway is a non-custodial service. At no time does Kryptic Gateway take custody of your private keys or digital assets. You retain sole control and responsibility for your cryptographic keys. 1.5 By using the Services, you agree to be bound by these Terms. If you do not agree, you must immediately cease use of the Services. 1.6 Our Service(s) may include links to third-party websites and/or services that are not owned or controlled by Kryptic Gateway. We do not have control over, and assume no responsibility for, the content, privacy policies, and/or practices of any third-party website(s) and/or service(s). You acknowledge and agree that Kryptic Gateway shall not be liable, directly or indirectly, for any damages or losses that may arise from or be alleged in connection with the use of or reliance on any content, goods, or services available on or through such third-party websites or services. 1.7 We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you access.
2. FEES 2.1 Use of the Services is subject to published fees: i. One percent (1%) incoming transaction fee; ii. One and a half percent (1.5%) incoming transaction fee if referred by an affiliate, of which half a percent (0.5%) is paid to the affiliate; iii. One percent (1%) fee on conversions between digital assets; iv. Zero percent (0%) fee on withdrawals; v. Transfers from a Kryptic Wallet to Gateway are exempt from the incoming fee (only network and Wallet payout fee apply). 2.2 Fee schedules are published on our website and may be updated without prior notice to you. Your continued use constitutes acceptance of updated fees.
3. AFFILIATE REFERRALS By creating an account under an affiliate or referral code, you expressly consent to Kryptic Gateway sharing limited data with the referring affiliate for the purpose of calculating commissions, monitoring compliance, and administering the Affiliate Program.
4. TERMINATION 4.1 We reserve the right to terminate or suspend your access to our Service(s) immediately, without prior notice and/or liability, for any reason, including but not limited to breaches of the Terms. 4.2 Your access to the Service will cease immediately upon termination. Should you wish to terminate your account, you may do so by simply discontinuing your use of the Service. 4.3 All provisions of the Terms that are designed to survive termination shall remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY 5.1 You hereby agree to defend, indemnify, and hold Kryptic Gateway harmless, along with its licensees, licensors, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, as well as expenses (including, but not limited to, reasonable attorney’s fees), that arise from or are related to: a) your use of and access to the Service, whether conducted by you or by any individual utilizing your account and password; or b) any breach of these Terms by you. 5.2 This indemnification obligation shall extend to any claims resulting from your actions or omissions, including but not limited to negligent conduct, willful misconduct, or violation of any applicable laws or regulations. You further agree that this indemnity obligation shall survive termination of these Terms and your access to the Service, and that you shall promptly notify Kryptic Gateway of any such claims or circumstances that may give rise to a claim. 5.3 Under no circumstances shall the Company be liable for indirect, incidental, consequential, special, and/or exemplary damages (even if such Party has been advised of the possibility of such damages), arising from any aspect of the relationship provided herein.
6.1 YOUR USE OF THE SERVICE(S) IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. 6.2 Kryptic Gateway, along with its subsidiaries, affiliates, and licensors, expressly disclaims any warranty that: a) the Service will operate without interruption, be secure, or be accessible at any specific time or location; b) any errors, defects, or inaccuracies will be corrected; c) the Service will be free from viruses or other potentially harmful components; or d) the outcomes derived from your use of the Service will fulfill your expectations or requirements. 6.3 You acknowledge that any reliance on the Service or its content is undertaken at your own discretion and risk. In no event shall Kryptic Gateway, its subsidiaries, affiliates, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, even if advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law and survives any termination of these Terms.
7. EXCLUSIONS 7.1 Certain jurisdictions may not permit the exclusion of specific warranties or the limitation or exclusion of liability for consequential or incidental damages. As a result, the limitations and disclaimers set forth herein may not be applicable to you in those jurisdictions. 7.2 In such cases, the liability of Kryptic Gateway, its subsidiaries, affiliates, and licensors shall be limited to the fullest extent permitted by applicable law. 7.3 You may have additional rights that vary from jurisdiction to jurisdiction, and nothing in these Terms shall be construed to limit or waive any rights you may have under such laws. 7.4 It is your responsibility to understand and comply with the legal requirements in your jurisdiction regarding the use of the Service and the limitations of liability contained herein.
8. MODIFICATIONS AND INTERRUPTIONS TO THE SERVICES We reserve the right to modify and/or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. COPYRIGHT AND TRADEMARK INFORMATION 9.1 All Content, copyrights, and other intellectual property rights in the Content available on our Sites, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Kryptic Gateway, with all rights reserved, or in some cases may be licensed to Kryptic Gateway by third parties. 9.2 This Content is protected by the intellectual property rights of Kryptic Gateway or those owners. All Content which qualifies for protection under the Copyright Law of the Republic of the Marshall Islands is subject to the exclusive jurisdiction of the courts of the Marshall Islands, whether registered or unregistered. 9.3 All trademarks displayed on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Kryptic Gateway.
10. ARBITRATION 10.1 Any dispute arising out of and/or relating in any way to your use of our Service(s), or information you receive through our Sites, shall be submitted to confidential, binding arbitration in the Republic of the Marshall Islands. 10.2 The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. 10.3 No arbitration under these Terms and Conditions may be joined with another arbitration related to the subject matter hereof, and each Party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. 10.4 Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of the Republic of the Marshall Islands, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
11. CLASS ACTION WAIVER 11.1 You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. 11.2 The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims unless all relevant parties specifically agree to do so following initiation of the arbitration.
12. GOVERNING LAWS 12.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of the Marshall Islands, without regard to conflict of law principles. 12.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, including disputes regarding their validity, breach, termination, or interpretation, shall be finally settled by binding arbitration under the rules of the International Chamber of Commerce (“ICC”). The place of arbitration shall be Majuro, Marshall Islands, and the proceedings shall be conducted in English. 12.3 The arbitral award shall be final and binding upon the Parties and may be enforced in any court of competent jurisdiction.
13. COMPLIANCE WITH LAWS 13.1 You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not make use of our Service(s) in any way that violates applicable local or international laws, regulations, or other government requirements. 13.2 Merchants using Kryptic Gateway may be required to provide identity verification (i.e., KYC/CIP), beneficial ownership information, and compliance documents as required under applicable AML/CTF and sanctions regimes. 13.3 Merchants agree not to use the Gateway Services in connection with: i. Fraudulent activity, misrepresentation, or deceptive practices; ii. Money laundering, terrorism financing, or sanctions evasion; iii. The offering or promotion of illegal gambling or wagering services; iv. The sale of prohibited goods or services, including narcotics, counterfeit items, or unlawful financial products. 13.4 Kryptic Gateway reserves the right to suspend or terminate Services immediately where it reasonably suspects such activity.
14. CHANGES TO THESE TERMS We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. You are encouraged to check this page regularly for changes to the Terms and Conditions. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of our Sites and Services after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms and Conditions.
15. FINAL PROVISIONS 15.1 SEVERABILITY If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. 15.2 NOTICES You agree that any notices, updates, or amendments to these Terms may be provided by posting on the Kryptic Gateway website or by email to the address associated with your account. Such notices shall be deemed effective upon posting or transmission. 15.3 ENTIRE AGREEMENT These Terms constitute the entire agreement between you and Kryptic Gateway regarding the Services and supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral, relating to the subject matter herein. 15.4 SURVIVAL Any provisions of these Terms which by their nature should survive termination, including but not limited to indemnities, limitations of liability, intellectual property rights, dispute resolution, and governing law, shall survive the termination or expiration of these Terms. 15.4 CONTACT INFORMATION If you have any questions, complaints, or requests relating to these Terms, please contact us via email at: support@kryptic.com