Effective Date: January 1, 2023
These Terms of Service (“Terms”) contain the agreement between you and us regarding the Service described below. Please read these Terms carefully. You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Service.
1. The Service: Gateway.FM provides infrastructure services (“Service”) for building and scaling Web3 projects, including Remote Procedure Calls (RPC) API, which enables Web3 applications to interact with the blockchain and access user data easily.
2. The Parties:
a. You are the party who is accepting these Terms and shall be referred to as “you,” “your,” or “user.”
b. We, GATEWAY.FM AS, a company with the registered business address: Skagenkaien 35, 4006 Stavanger, Norway , are the party that operates the Service and is referred to as “company,” “we, “us,” or “our.”
3. You must be an individual who is at least 18 years old to use our Service.
5. You must register on our Service, providing your current and own email address. You agree to receive emails to confirm the registration and ownership of the email address. Completing our registration process will create a user account and enable you to use the Service.
6. You are solely responsible for your account on the Service, its security, and any activities under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
7. By using the Service, you agree to be a responsible user:
a. You will not impersonate any person or entity or misrepresent your affiliation with a person or entity.
b. You will not use our Service to obtain, collect, use, or distribute other users’ information without their prior consent.
c. You will not disguise your location through IP proxying or other similar methods.
d. You will not interfere with or disrupt the Service or the servers or networks connected to the Service or take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure or any other type of security risk.
e. You will not sell, resell, rent, or charge for our Service.
8. You agree that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations.
9. You agree that any legal remedy or liability you seek resulting from actions or omissions of other users or third parties will be limited to a claim against the particular users or third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us for such actions or omissions.
10. If you are discovered to be undertaking prohibited actions, your privileges to use our Service may be terminated or suspended. Generally, we will explain any suspension or termination, but we reserve the right to suspend or terminate any account without notice or explanation.
11. We shall have the right to use your suggestions on improving or adding new features to the Service without any compensation or credit to you.
12. We provide the Service without any warranties or guarantees.
a. We do not guarantee that your use of the Service will be problem free. Although we work hard to provide the highest quality of services, we cannot and do not guarantee that they will work perfectly every time or in every respect.
b. We disclaim all warranties and conditions about the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
13. We reserve the right at any time to modify or discontinue the Service and to terminate your access to the Service, with or without notice. We reserve the right to limit the availability of the Service in any country where you reside. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
14. We may also terminate or suspend your user account for inactivity, defined as failing to sign in to the Service for an extended time.
15. We are not responsible for any damages you may incur due to your use of the Service.
a. You agree to indemnify and hold our company, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
b. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision of or failure to provide any Service, or for any information, software, products, services, and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance.
16. If you are dissatisfied with any portion of the Service or with any of these Terms, your sole and exclusive remedy will be to discontinue using the Service.
17. These Terms are governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. All actions or proceedings arising under or related to these Terms must be brought in the courts in Oslo, Norway. Each Party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected or impaired.
18. You acknowledge and agree that we may disclose your information if required by law or in the good faith belief that such disclosure is reasonably necessary to:
a. enforce these Terms;
b. respond to claims that information violates the rights of third parties;
c. protect the rights, property, or personal safety of our company, employees, users, or the public;
d. comply with a current judicial proceeding, a court order, or legal process served on us or our website, or in any other case when we shall disclose such information according to the lawful requirement of public authority, by operation of law, or in any other circumstances when required by law;
e. enable the transfer or sale of the Service to another entity.
19. We may modify these Terms from time to time. The latest version of the Terms is published at https://gateway.fm/terms-of-service . You are responsible for remaining informed of any changes because you are legally obligated to abide by the latest version of these Terms. You may not assign or transfer your rights under these Terms without obtaining our prior written consent, and any purported assignment or transfer in violation of this section will be null and void.
20. The Gateway.FM word mark is a trademark of our company in Norway and other countries. You agree that this and other similar trademarks, logos, brand features, and product and service names are our property. Without prior written permission, you agree not to display or use them in any manner.
21. The communications between you and our company use electronic means, whether you visit the Service or send us emails or whether we post notices on the Service or communicate with you via email. For contractual purposes:
a. You consent to receive communications from us in an electronic form;
b. You agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in writing. The preceding does not affect your statutory rights.
22. To the extent any disclaimer or limitation of liability does not apply, all applicable expressed, implied, and statutory warranties will be limited to ninety (90) days after the date you first used the Service. No warranties shall apply after such period.