Welcome to the Gateway, a website-hosted user interface (the "Interface") provided by the Optimism Foundation (the "Foundation", "we", "our", or "us").
Please read the Interface Terms carefully. They cover important information about the Interface, as well as information about future changes to the Interface Terms, warranty disclaimers, and limitations of liability. They require that you assume all of the risks associated with using the Interface. IN ADDITION, SECTION 16 CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (b) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
PLEASE NOTE THAT YOUR USE OF THE INTERFACE IS SUBJECT TO THE INTERFACE TERMS. IF YOU DO NOT AGREE TO ALL OF THE INTERFACE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE INTERFACE IN ANY MANNER.
1. Changes to terms
We reserve the right to change the Interface Terms at any time. If we do so, we’ll let you know by updating the date at the bottom of the Interface Terms and by maintaining a current version of the Interface Terms at https://www.optimism.io/gateway-terms.
If you don’t agree with the new Interface Terms, you are free to reject them; unfortunately, that means you must stop accessing or using the Interface. If you access or use the Interface in any way after a change to the Interface Terms is effective, that means you agree to all of the changes.
Except for changes by us as described in this section, no other amendment or modification of the Interface Terms will be effective unless in writing and signed by both you and us.
2. Basics of using the Interface
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Interface and have gotten your parent or guardian to agree to the Interface Terms on your behalf). If you are agreeing to the Interface Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Interface Terms on that organization’s or entity’s behalf and bind them to the Interface Terms (in which case, the references to “you” and “your” in the Interface Terms, except for in this sentence, refer to that organization or entity).
You will comply with all laws that apply to you, your use of the Interface, and your actions and omissions that relate to the Interface. If your use of the Interface is prohibited by applicable laws, then you aren’t authorized to use the Interface. We can’t and won’t be responsible for your using the Interface in a way that breaks the law.
Without limiting the foregoing, you represent and warrant that you are not, and for the duration of the time you use the Interface will not be (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the United Nations Security Council, the European Union, His Majesty’s Treasury, and U.S. Department of Treasury), or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, European Union, any EU country, UK Treasury, or the United States, including without limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran, North Korea, Russia, Syria, or Yemen. If at any point the above is no longer true, you must immediately cease using the Interface.
3. Interface vs. Protocol
The Interface facilitates your ability to access Optimism, a decentralized, peer-to-peer Layer 2 rollup protocol on the Ethereum public blockchain (the “Protocol”). The Interface is distinct from the Protocol. It provides one, but not the exclusive, means of accessing the Protocol. The Foundation does not own or control the Protocol, which is public, permissionless, and runs on open-source self-executing smart contracts.
The Protocol enables people to do various things, such as processing Ethereum transactions more efficiently, viewing, deriving, and verifying information on the Ethereum and Optimism public blockchains, passing messages, information, and tokens (including digital assets) between the Ethereum and Optimism public blockchains (“bridging”), and interacting with smart contract-based applications (“dApps”).
The Interface, on the other hand, enables you to initiate messages to the Protocol to bridge digital assets between the Ethereum and Optimism public blockchains, and between Optimism and other public blockchains. Depending on how you use the Interface (a) these messages may be sent directly to the Protocol or routed through various third-party interfaces and dApps, and (b) the bridging smart contracts you interact with may be inherent to the Protocol itself or independently developed and deployed by various third parties (“non-standard bridges”).
The Interface is experimental in nature. It represents an example reference implementation only. It is not intended to be used as a primary means of accessing or interacting with the Protocol.
4. Accessing the Interface
To access the Interface you must use non-custodial wallet software (a “Web3 wallet”), which constructs and broadcasts the data (“transactions”) that allows you to interact with the Protocol. By using your Web3 wallet in connection with accessing the Interface, you agree that you are using the Web3 wallet under the terms and conditions of the applicable provider of the Web3 wallet. No Web3 wallet is created by, operated by, maintained by, or affiliated with us. Accordingly, we do not have custody or control over the contents of your Web3 wallet and we have no ability to retrieve or transfer its contents. Your relationship with any given Web3 wallet provider is governed by the applicable terms of service of that third party, not the Interface Terms.
5. Digital asset ownership and control
You own and control the digital assets held in and bridged via your Web3 wallet. You bear all risk of loss of and relating to such digital assets, including but not limited to fluctuations in value.
6. Third-party products and information
The Interface contains references, links, and enables you to connect to third-party resources including (but not limited to) Web3 wallets, non-standard bridges, dApps, and other information, materials, products, or services, which we do not own or control (collectively, “third-party products”). We do not approve, monitor, endorse, make any representations or warranties (expressly or implicitly) or assume any responsibility for any third-party products, any component thereof, or the manner in which those products or components interact with the Interface. When you use or rely on any third-party products, you do so at your own risk. You understand that you are solely responsible for any fees or costs associated with using third-party products and that, unless stated herein, the Interface Terms do not otherwise apply to your dealings or relationships with any third parties or third-party products.
7. License to use the Interface
Subject to your compliance with the Interface Terms, you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to use and access the Interface.
8. Assumption of risk
By using the Interface, you (a) represent that you are sophisticated enough to understand the various inherent risks of using cryptographic and public blockchain-based systems, including but not limited to the Interface, the Protocol, and digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the ERC-20 Ethereum token standard, and (b) acknowledge and accept all such risks, and agree that we make no representations or warranties (expressly or implicitly) regarding, and that you will not hold us liable for those risks, including but not limited to the risks described below, any or all of which could lead to losses and damages, including the total and irrevocable loss of your assets.
In summary, by using the Interface, you represent that you understand, and agree to accept full responsibility for all of the risks. That includes, but is not limited to, those listed above.
You represent, warrant, and agree that you will not provide or contribute anything to the Interface, or otherwise use or interact with the Interface, in a manner that:
A violation of any of the above is grounds for termination of your right to use the Interface. We reserve the right to take whatever action we deem appropriate, including but not limited to suspending your ability to use the Interface, if we suspect you have violated any of these restrictions.
THE INTERFACE IS PROVIDED BY US ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY, OR USE OF THE INTERFACE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE LIKEWISE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOCOL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY, OR USE OF THE PROTOCOL WILL BE UNINTERRUPTED OR ERROR-FREE.
11. No fiduciary relationship; No advice
You acknowledge and agree that: (a) the Interface Terms are not intended to, and do not, create or impose any fiduciary duties on us; (b) we owe no fiduciary duties or liabilities to you or any other party; (c) to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated; and (d) the only duties and obligations that we owe you are those set out expressly in the Interface Terms.
You agree that the Interface (or any information provided by or obtained from the Interface) is for informational purposes only, is not intended to be relied upon for professional advice of any sort, and is not a substitute for information from experts or professionals in the applicable area. You should not take, or refrain from taking, any action or decision based on any information contained in the Interface. If, and before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
12. Release of claims
You expressly agree that you assume all risks in connection with your use of the Interface and your interaction with the Protocol. You further expressly waive and release the Foundation, as well as its affiliates and service providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns (collectively, the “Foundation Parties”) from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface or your interaction with the Protocol.
To the fullest extent permitted by applicable laws, you agree to indemnify, defend and hold harmless the Foundation Parties from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: (a) your use of the Interface or your interaction with the Protocol; (b) your violation of the Interface Terms or applicable law; (c) your violation of the rights of a third party; and (d) your negligence or willful misconduct. You agree to promptly notify the Foundation of any third party Claims and cooperate with the Foundation Parties in defending such Claims. You further agree that the Foundation Parties shall have the right to control the defense or settlement of any third party Claims as they relate to the Foundation, if it so chooses.
14. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE FOUNDATION PARTIES OR ANY OF THEM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (b) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (c) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS; OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF THE FOUNDATION PARTIES OR ANY OF THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Governing law
The Interface Terms are governed by and will be construed under the laws of the Cayman Islands, excluding its body of law controlling conflict of laws. You agree that the Interface shall be deemed to be based solely in the Cayman Islands, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the Cayman Islands. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that any judicial proceeding will be brought in the courts located in the Cayman Islands.
16. Dispute Resolution; Arbitration.
Please read carefully the following arbitration agreement (this “Arbitration Agreement”). It requires you to arbitrate disputes with the Foundation and limits the manner in which you can seek relief from us.
Without limiting Section 16g (Severability), if any part or parts of the Interface Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such part or parts shall be eliminated or limited to the minimum extent such that the remaining provisions of the Interface Terms will continue in full force and effect.
Date last updated: March 2, 2023