GATEWAY TERMS AND CONDITIONS

Welcome to the Optimism Gateway (the “Service”), a web application provided by The Optimism Foundation (“Optimism”, “we”, “our”, or “us”).

Please read on to learn the rules and restrictions that govern your use of the Service.These Terms of Use (the “Terms”) are a binding contract between you and The Optimism Foundation. Your use of the Service in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Service. The Service provides a means to move tokens from Ethereum to Optimistic Ethereum (the “Protocol”). If you have any questions, comments, or concerns regarding these Terms or the Service, please contact us at legal@optimism.io.

Please read these Terms carefully. They cover important information about the Service, as well as information about future changes to these Terms, warranty disclaimers, and limitations of liability. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE ARE SUBJECT TO THESE TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.

Changes to terms

We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://gateway.optimism.io/, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Basics of using the service

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these 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 Service, and your actions and omissions that relate to the Service. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your using the Service in a way that breaks the law. Without limiting the foregoing, you represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, and that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity.

Service vs. protocol; Risks

The Protocol is a decentralized peer-to-peer protocol that runs on the Ethereum blockchain. Although Optimism has developed substantial portions of the initial code for the Protocol, it does not provide, own, or control the Protocol, which is run by smart contracts deployed on the Ethereum blockchain. Your use of the Protocol may involve various risks, including, but not limited to, losses of digital assets.

While the Service provides one means of interacting with the Protocol, it is distinct from the Protocol. You acknowledge and agree that (i) the Service is experimental in nature (ii) represents an example reference implementation of the Protocol only, and is not intended to be used as a primary means of interacting with the Protocol.

By accessing and using the Service, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Service. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Service and interacting with the Protocol.

Restrictions

You represent, warrant, and agree that you will not provide or contribute anything to the Service, or otherwise use or interact with the Service, in a manner that:

  • infringes or violates the intellectual property rights or any other rights of anyone else (including Optimism);
  • violates any law or regulation, including, without limitation, any applicable export control laws, securities laws, anti-money laundering laws, privacy laws or any other purpose not reasonably intended by Optimism;
  • is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • violates, compromises, or interferes with the security, integrity or availability of any computer, network, or technology;

    A violation of any of the foregoing is grounds for termination of your right to use or access the Service.

    Disclaimer

    THE SERVICE AND THE PROTOCOL ARE PROVIDED BY OPTIMISM 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 USE OF THE SERVICE OR PROTOCOL WILL BE UNINTERRUPTED OR ERROR-FREE.

    No fiduciary relationship; No advice

    You acknowledge and agree that (i) these Terms are not intended to, and do not, create or impose any fiduciary duties on us, (ii) we owe no fiduciary duties or liabilities to you or any other party, (iii) 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 (iv) the only duties and obligations that we owe you are those set out expressly in these Terms. You agree that the Service (or any information provided by or obtained from the Service) 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 Service. Before you make any financial, legal, or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

    Release of claims

    You expressly agree that you assume all risks in connection with your access and use of the Service and your interaction with the Protocol. You further expressly waive and release Optimism, as well as its affiliates, and each of their respective officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns (collectively, the “Optimism Parties”) from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service and your interaction with the Protocol. You shall and hereby do waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

    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 OPTIMISM PARTIES 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 OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

    Governing law limitation of liability

    These Terms are governed by and will be construed under applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof. You agree that the Service shall be deemed to be based solely in the State of California, and that although the Service may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of California. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. Both you and Optimism agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, or the federal district in which that county falls.

      Date last updated: August 8, 2022