Legal Agreement

Terms of Service

Effective Date: January 1, 2026 | Last Updated: April 4, 2026

1. Introduction

These Terms of Service ("Terms") govern your use of Gateway's services ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

2. Services Description

Gateway provides a technology platform that includes:

Shipping Tracking

Real-time tracking of containers and shipments

Document Management

Digital management of trade and customs documents

Price Quotes

Get quotes from verified carriers

Integrations

Connection to ERP and e-commerce systems

Reports and Analysis

BI tools and shipping data analysis

Important to Know

Gateway acts as an NVOCC (Non-Vessel Operating Common Carrier) and Ocean Transportation Intermediary licensed by the Federal Maritime Commission. Gateway is not the vessel-operating carrier. Liability for loss or damage during ocean transit is governed by the applicable bill of lading terms and COGSA (Carriage of Goods by Sea Act).

Subject to applicable law:

  • • The Platform is provided "AS IS"
  • • We do not guarantee continuous availability of the service
  • • We are not responsible for indirect or consequential damages
  • • Our total liability is limited to the amount you paid for the service

3. Shipping Terms & Conditions

3.1 Quotations

All quotations are subject to change without notice and are valid for 15 days unless otherwise specified. Rates quoted do not include unforeseen charges such as detention, demurrage, storage, or customs examination fees.

3.2 Booking Confirmation

Bookings are not confirmed until you receive written confirmation from us. We reserve the right to refuse or cancel bookings at our discretion.

3.3 Documentation

You are responsible for providing accurate and complete documentation. Any delays or costs arising from incorrect documentation will be your responsibility.

3.4 Payment Collection

Payment Terms & Cargo Release:

  • Standard Payment Terms: By default, payment is due in full before vessel loading at the port of origin. Gateway will hold the Master Bill of Lading (MBL) until full payment is received regardless of payment timing.
  • Deferred Payment (Written Approval Only): In select cases, Gateway may authorize payment before vessel arrival at the destination port. Such arrangements require prior written approval from Gateway and are granted at Gateway's sole discretion based on customer relationship, payment history, and shipment value.
  • Credit Accounts (Net 30/60/90): Credit terms may be extended to qualified customers upon approval by Gateway's credit department. Credit limits and payment terms are determined based on business credit history and financial standing. Gateway reserves the right to revoke or modify credit terms at any time.
  • Cargo Hold Rights: Gateway has the right to hold cargo at destination until full payment is received, even if the shipment has physically arrived. The MBL will not be released until all outstanding charges are settled.
  • Storage Fees: Any storage, demurrage, detention, or per diem charges incurred due to delayed payment beyond agreed terms are the customer's responsibility. These charges begin accruing per the applicable tariff and terminal rules.

3.5 Incoterms

All shipments are governed by the applicable Incoterm specified at booking. Unless otherwise agreed in writing, Gateway's standard terms are:

  • FOB (Free On Board): Risk transfers to buyer when goods are loaded onto the vessel at port of origin
  • CIF (Cost, Insurance, Freight): Seller responsible for cost, insurance, and freight to destination port
  • DAP (Delivered at Place): Seller responsible for all costs and risks until goods arrive at named destination
  • DDP (Delivered Duty Paid): Seller assumes all costs including import duties and taxes

All Incoterms references are based on ICC Incoterms® 2020. Customer is responsible for understanding their obligations under the selected Incoterm.

3.6 Transit Times & ETAs

All transit times and estimated time of arrivals (ETAs) provided by Gateway are estimates only and are not guaranteed. Actual transit times may vary due to:

  • Weather conditions and force majeure events
  • Port congestion, labor disputes, or terminal delays
  • Customs inspections or regulatory holds
  • Vessel schedule changes, transshipment delays, or route modifications
  • Carrier operational decisions

Gateway shall not be liable for any damages, losses, or costs arising from delays in transit, including but not limited to consequential damages, lost profits, or business interruption.

3.7 Container Specifications & Weight Limits

Customer is responsible for ensuring cargo does not exceed container weight limits:

  • 20' Standard: Max payload ~21,700 kg (47,840 lbs)
  • 40' Standard: Max payload ~26,500 kg (58,420 lbs)
  • 40' High Cube: Max payload ~26,300 kg (57,980 lbs)
  • Reefer containers: Max payload varies by unit, typically ~27,000 kg

Verified Gross Mass (VGM) declaration is mandatory per SOLAS regulations. Customer must provide accurate VGM prior to vessel loading. Overweight containers may be rejected, and any resulting fees are customer's responsibility.

3.8 Cancellation & Amendment Fees

Before cancelling a booking, we recommend contacting your Gateway account executive to discuss your options. Depending on the circumstances, we may be able to offer alternatives such as a vessel change, date adjustment, or route modification that could avoid cancellation fees entirely.

Booking cancellations and amendments may be subject to carrier-imposed cancellation fees, dead freight charges, and/or administrative penalties. All such charges incurred by Gateway from the underlying carrier will be passed through to the customer in full. Gateway may also apply an administrative fee of up to $150 per cancelled booking.

Cancellation requests must be submitted in writing. The earlier a cancellation is submitted, the lower the likelihood of carrier charges being incurred.

Amendment requests (vessel change, port change, container type) are subject to availability and may incur additional charges from the carrier, which will be passed through to the customer.

Gateway will provide documentation of carrier-imposed charges upon customer request before passing through any cancellation, dead freight, or amendment fees. Customer has 5 business days from receipt of documentation to dispute the charges. Undisputed charges are due within 10 business days of invoice.

Unpaid cancellation, dead freight, or amendment charges will result in account suspension until the balance is paid in full. Gateway reserves the right to apply outstanding balances to future invoices, charge late fees of 1.5% per month on unpaid amounts, and refer the debt to a third-party collections agency. Customer is responsible for all costs of collection including reasonable attorney's fees.

3.9 Deviation & Transshipment Rights

Gateway and its carrier partners reserve the right to deviate from the original route, transship cargo at intermediate ports, or substitute vessels when operationally necessary. Such deviations do not constitute a breach of contract and Gateway shall not be liable for any resulting delays or additional costs unless caused by gross negligence. Gateway will make reasonable efforts to notify the customer of material route changes or transshipments as soon as practicable, but failure to provide advance notice does not affect Gateway's rights under this section.

3.10 ISF / 10+2 Filing (US Imports)

For all shipments destined for the United States, Importer Security Filing (ISF/10+2) is mandatory per US Customs and Border Protection regulations:

  • ISF must be filed at least 24 hours before cargo is loaded onto vessel at origin port
  • Customer must provide complete and accurate ISF data (manufacturer, seller, buyer, ship-to party, etc.) to Gateway no later than 72 hours before vessel cargo cutoff to allow sufficient time for filing. Late submission of ISF data may result in filing delays, CBP penalties, or cargo holds, all of which are the customer's responsibility
  • Late or inaccurate ISF filings may result in CBP penalties ($5,000+ per violation) which are the customer's responsibility
  • Gateway can file ISF on the customer's behalf for an additional fee as outlined in the booking confirmation or fee schedule
  • ISF filing by Gateway is a separate service from customs entry and clearance. Gateway is not a licensed customs broker — customs clearance is handled through our authorized brokerage partners

Customer agrees to indemnify Gateway for any CBP fines, penalties, or liquidated damages resulting from inaccurate, incomplete, or late ISF information provided by the customer.

3.11 Temperature-Controlled Cargo (Reefer)

For refrigerated (reefer) shipments, customer must provide:

  • Required temperature setting and acceptable range
  • Ventilation requirements (CMH/CFM)
  • Humidity settings if applicable
  • Pre-cooling requirements and cargo temperature at stuffing

Gateway is not liable for cargo damage resulting from: incorrect temperature instructions, pre-existing cargo conditions, improper packaging, power failures beyond carrier control, or temperature fluctuations within industry-acceptable tolerances (±2°C).

  • Generator set (genset) charges for inland transportation of reefer containers, if required, are the customer's responsibility and will be quoted separately.
  • Reefer containers are subject to carrier pre-trip inspection (PTI). Container swaps due to failed PTI may result in delays for which Gateway is not liable.
  • In the event of a temperature dispute, the carrier's data logger readings will be considered the primary record of temperature performance during transit.
  • Customer is solely responsible for ensuring that the commodity is suitable for containerized reefer transport and for compliance with any phytosanitary, health, or import permit requirements at destination.

3.12 Dangerous Goods (Hazmat)

Dangerous goods shipments require advance approval and proper documentation:

  • Customer must declare all hazardous materials at booking with correct UN number and IMDG classification
  • Dangerous Goods Declaration (DGD) and Material Safety Data Sheet (MSDS) required
  • Proper labeling, marking, and placarding per IMDG Code mandatory
  • Additional surcharges apply for hazmat handling

Undeclared or misdeclared dangerous goods will result in immediate booking cancellation, and customer assumes full liability for any resulting fines, damages, or cleanup costs.

3.13 Lien Rights

Gateway has a general and continuing lien on all cargo in its possession or control for all charges, expenses, and advances due from the customer under this or any other agreement. If payment is not received within the agreed terms, Gateway may, upon reasonable written notice: (a) hold cargo until payment is received, (b) sell the cargo at public or private sale to satisfy outstanding amounts after providing at least 15 days written notice to the customer, or (c) dispose of perishable cargo as necessary without notice due to the time-sensitive nature of such goods. Customer remains liable for any deficiency after sale plus all costs of enforcement.

  • Notice will be sent to the customer's last known email address on file. Customer is responsible for maintaining current contact information.
  • Gateway's lien shall take priority over any competing claims, including those of subsequent purchasers or assignees of the cargo, to the fullest extent permitted by law.
  • All storage, demurrage, and handling charges incurred while cargo is held under lien are the customer's responsibility and will be added to the outstanding balance.

3.14 Demurrage, Detention & Free Time

Standard free time for container pickup and return is determined by the underlying ocean carrier and the destination terminal. Free time periods vary by carrier, port, container type, and trade lane. Gateway will communicate applicable free time at booking confirmation.

After the expiration of free time, demurrage, detention, and per diem charges will apply per the carrier's published tariff and will be passed through to the customer at cost. Gateway is not responsible for demurrage, detention, or storage charges resulting from customer delays in pickup, customs holds, documentation issues, or late return of empty containers.

Customers are encouraged to plan for timely container pickup and return to avoid unnecessary charges. Gateway can assist with free time extensions on a case-by-case basis where carrier approval is obtainable, subject to availability and additional fees.

For door-to-door shipments where Gateway arranges inland transportation, Gateway is responsible for timely pickup of containers from the terminal and return of empty containers within the applicable free time. Demurrage or detention charges resulting from Gateway's failure to arrange timely pickup or return will not be passed through to the customer. However, demurrage, detention, or storage charges resulting from circumstances within the customer's control — including but not limited to customs holds due to customer documentation, customer's inability to receive cargo at destination, requests to hold delivery, or delays in unloading — remain the customer's responsibility regardless of service type.

4. Limitation of Liability

Our liability for any loss or damage to goods shall be limited according to the applicable international conventions and our standard trading conditions:

  • COGSA Limitation: For ocean freight, Gateway's liability is limited to $500 per package or customary freight unit, in accordance with the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. 30701.
  • Higher Declared Value: Customer may declare a higher value for cargo by providing written notice at time of booking and paying any applicable ad valorem freight charges. Absent such declaration, the $500 per package limitation applies.
  • Total Liability Cap: In no event shall Gateway's total aggregate liability exceed the lesser of the cargo value declared at booking or the total freight charges paid by the customer for the applicable shipment.
  • No Indirect Damages: Gateway is not liable for indirect, consequential, special, incidental, or punitive damages, including but not limited to lost profits, business interruption, or loss of goodwill.
  • Customer Errors: Gateway shall not be liable for any loss, damage, or delay caused by inaccurate or incomplete information provided by the customer, including but not limited to incorrect cargo descriptions, weights, values, or documentation.
  • Force Majeure: Force majeure events exempt Gateway from liability.
  • Time Bar: Any claim against Gateway must be brought within one (1) year from the date of delivery or the date the cargo should have been delivered, whichever is earlier, in accordance with COGSA. Failure to file within this period constitutes a waiver of all claims.
  • Himalaya Clause: These limitations of liability extend to Gateway's officers, employees, agents, and subcontractors, including but not limited to carriers, truckers, warehouse operators, and customs brokers.

5. Cargo Insurance

Gateway offers optional cargo insurance at checkout through our authorized insurance partners. We strongly recommend that all customers obtain adequate coverage for their shipments.

5.1 Ocean Freight Insurance (Gateway Shield)

Gateway offers all-risk cargo insurance available both at time of booking and as a standalone service through the Gateway platform. Customers can obtain instant insurance quotes by entering cargo details, and upon purchase, receive an instant certificate of insurance available for immediate download.

Premium is calculated based on declared cargo value, commodity type, origin, destination, and route. Coverage is provided and underwritten by licensed third-party insurers — Gateway acts as an intermediary and is not the insurer.

Gateway Shield covers:

✓ Loss and damage✓ Breakage✓ Theft and pilferage✓ Water damage✓ Fire and explosion✓ General average✓ Jettison of cargo✓ Malicious damage

5.2 Coverage Terms

  • Insurance must be purchased at time of booking or before cargo is loaded onto the vessel. Coverage cannot be applied retroactively to cargo already in transit.
  • Customer must declare accurate cargo value. Underinsured claims will be paid proportionally.
  • Claims must be filed within 30 days of delivery with supporting documentation including commercial invoice, packing list, and photos of damage. All claims are handled directly by the underwriting insurer per their policy terms.
  • Certificates of insurance are issued instantly upon purchase and are available for download in the customer's Gateway dashboard. Certificates serve as proof of coverage and should be retained for the duration of the shipment and claims period.

5.3 Without Insurance

  • Carrier liability is limited per COGSA to $500 per package or customary freight unit.
  • Gateway is not liable for uninsured losses beyond statutory carrier limits.
  • Customer assumes full risk for cargo shipped without purchasing insurance coverage.

Recommendation: For high-value cargo, we strongly recommend purchasing Gateway Shield or obtaining separate marine cargo insurance from your own provider.

6. Prohibited & Restricted Goods

Gateway will not knowingly transport the following items. Customers are responsible for ensuring compliance with all applicable laws and regulations:

Absolutely Prohibited:

  • Illegal drugs and narcotics
  • Weapons, firearms, ammunition, and explosives
  • Counterfeit or pirated goods
  • Human remains
  • Live animals
  • Currency, precious stones, or negotiable instruments
  • Pornographic materials (where prohibited by origin or destination country)
  • Goods obtained through illegal means
  • Hazardous materials classified as IMO Class 1 (explosives), Class 6.2 (infectious substances), and Class 7 (radioactive)

Sanctioned & Restricted:

  • Goods to/from OFAC sanctioned countries
  • Dual-use items without export license
  • Goods involving sanctioned entities (SDN list)
  • Other hazardous materials classifications may be accepted subject to the requirements of Section 3.12

Customer warrants that all shipments comply with applicable laws and that no prohibited or undeclared restricted goods are included. Customer agrees to provide accurate cargo descriptions and acknowledges that Gateway may inspect, refuse, or abandon any shipment suspected of containing prohibited goods, at customer's expense.

Customer shall indemnify and hold Gateway harmless from all fines, penalties, claims, losses, legal fees, and costs arising from the shipment of prohibited or restricted goods, whether declared or undeclared.

Violation of these restrictions may result in immediate account termination, forfeiture of goods, and reporting to relevant authorities.

7. Compliance Screening & Due Diligence

Gateway maintains strict compliance with U.S. trade regulations and international standards. All customers and shipments are subject to screening and verification procedures.

7.1 Denied Parties Screening

Gateway utilizes the U.S. Government's Consolidated Screening List (CSL) and other applicable databases to screen all parties involved in transactions against government-maintained restricted party lists, including:

  • OFAC Specially Designated Nationals (SDN) List
  • Bureau of Industry and Security (BIS) Entity List
  • BIS Denied Persons List and Unverified List
  • State Department Debarred List

7.2 Anti-Money Laundering (AML)

Gateway is committed to compliance with the Bank Secrecy Act and applicable anti-money laundering regulations. Gateway reserves the right to decline, suspend, or terminate any transaction or relationship that presents indicators of elevated risk, including but not limited to suspicious payment patterns, structuring, or transactions involving high-risk jurisdictions.

Gateway maintains records for the legally required retention period and cooperates with law enforcement and regulatory authorities as required by law.

7.3 Know Your Customer (KYC)

Gateway implements KYC procedures to verify the identity and legitimacy of all customers:

  • Business verification including legal entity documentation
  • Beneficial ownership identification for corporate accounts (25%+ ownership threshold)
  • Ongoing monitoring and periodic re-verification
  • Right to request additional documentation at any time

7.4 Export Controls

Customer is solely responsible for determining whether cargo is subject to the Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR) and for obtaining any required export licenses or authorizations. Customer warrants that no shipment tendered to Gateway contains controlled items without prior written disclosure and all required government approvals. Gateway is not a licensed customs broker and does not provide export licensing advice.

7.5 Right to Refuse Service

Gateway reserves the unconditional right to refuse, suspend, or terminate service to any customer or shipment that fails compliance screening, presents unacceptable risk, or where Gateway determines in its sole discretion that proceeding would violate applicable laws or regulations. No explanation is required for such refusal.

Compliance Cooperation: Customers agree to provide accurate information and cooperate with Gateway's compliance procedures. Failure to comply may result in service suspension or termination.

8. Claims Procedure

For cargo loss or damage claims, customers must follow this procedure:

  • 1.Notify immediately: Report damage or loss within 3 days of delivery through the Claims section in your Gateway dashboard.
  • 2.Document thoroughly: Photograph all damage, retain all packaging materials, and note exceptions on the delivery receipt. Upload all documentation directly in the dashboard.
  • 3.Submit claim: File your formal claim within 9 months of delivery with commercial invoice, packing list, photos, and any other supporting documentation. All submissions are handled directly within the Gateway platform.
  • 4.Resolution: For insured shipments, claims are processed directly through our insurance partner. Gateway will facilitate communication and provide real-time status updates through your dashboard. For uninsured shipments, Gateway will investigate and respond within 30 days of receiving complete documentation.

Claims filed through the Gateway dashboard are processed faster with real-time tracking and direct connection to our insurance partners. For urgent matters or if you are unable to access the dashboard, contact claims@gatewaylines.com.

9. Force Majeure

Gateway shall not be liable for delays, failures, or damages resulting from events beyond our reasonable control, including but not limited to:

  • Wars, armed conflicts, terrorism
  • Pandemics, epidemics, quarantines
  • Natural disasters, severe weather
  • Port closures or congestion
  • Canal closures or restrictions (Suez, Panama)
  • Piracy or maritime security threats
  • Government actions, embargoes, sanctions
  • Labor strikes or disputes
  • Carrier insolvency or vessel issues
  • Cybersecurity incidents beyond our control
  • Fuel shortages or supply chain disruptions
  • Civil unrest, riots, or power/telecommunications failures

In the event of a force majeure occurrence, Gateway will notify affected customers as soon as reasonably practicable and make commercially reasonable efforts to minimize the impact on affected shipments. Such efforts may include arranging alternative routing, carriers, or transportation modes where feasible, at additional cost to the customer if applicable.

Customer acknowledges that force majeure events may result in additional costs including but not limited to rerouting charges, extended storage fees, or increased freight rates. Such costs are the customer's responsibility unless otherwise agreed in writing.

If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected booking or service agreement without penalty upon written notice to the other party.

10. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of business ("Confidential Information"). Confidential Information includes but is not limited to:

  • Customer shipping data, cargo values, rates, volumes, supplier and buyer identities, trade lanes, and routing preferences
  • Gateway proprietary rates, carrier contracts, system architecture, algorithms, pricing models, and internal processes
  • Business strategies, financial information, customer lists, and any information marked as confidential by either party

10.1 Exclusions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party, (b) was already known to the receiving party prior to disclosure, (c) is independently developed without use of the disclosing party's Confidential Information, or (d) is required to be disclosed by law, regulation, or court order — provided the receiving party gives the disclosing party prompt notice where legally permitted.

10.2 Permitted Disclosures

Gateway may disclose customer information to the extent necessary for service delivery to carriers, customs brokers, insurance providers, port authorities, and government agencies as required by law. Such disclosures will be limited to the minimum information necessary to complete the transaction.

10.3 Non-Solicitation of Carriers

Customer agrees not to use information obtained through Gateway's services to directly solicit, negotiate with, or book through Gateway's carrier partners for the purpose of circumventing Gateway's services. This restriction applies during the term of service and for 12 months following the last shipment.

10.4 Survival

Confidentiality obligations survive termination of services for three (3) years or for the duration required by applicable law, whichever is longer.

11. Electronic Communications Consent

This section is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and applicable international conventions governing electronic trade documents. By using Gateway's platform, you consent to receive communications electronically and agree that:

  • Electronic bills of lading, documents, and notices have the same legal effect as paper originals
  • Electronic signatures on bookings, contracts, and approvals are legally binding
  • You are responsible for maintaining accurate contact information in your account

11.1 Electronic Bills of Lading

Customer acknowledges and agrees that electronic bills of lading issued through the Gateway platform or through Gateway's authorized electronic trade document partners carry the same legal validity, negotiability, and title transfer rights as traditional paper bills of lading. Customer consents to the use of electronic bills of lading for all shipments unless paper originals are specifically requested in writing at time of booking. Additional fees may apply for issuance of paper original bills of lading.

11.2 Dashboard as Legal Notice

Notifications, invoices, arrival notices, and other communications posted to the customer's Gateway dashboard are considered delivered and received at the time of posting regardless of whether the customer has logged in to view them. Email notifications are considered delivered at the time of sending to the customer's registered email address.

11.3 Communication Preferences

Customer may update communication preferences within the Gateway dashboard but may not opt out of receiving legally required notices including invoices, arrival notices, shipment alerts, compliance notifications, or billing statements.

11.4 SMS Consent

By providing a mobile phone number, customer consents to receive shipment status updates, delivery notifications, and urgent alerts via SMS. Standard messaging rates may apply. Customer may opt out of non-essential SMS notifications at any time through the Gateway dashboard.

12. Payment Terms

Payment terms for freight services are governed by Section 3.4 of these Terms. This section applies to platform subscription fees, add-on services, and other non-freight charges.

All prices are quoted and payable in US Dollars (USD) unless otherwise specified in writing. Applicable taxes will be added where required by law. Failure to pay any outstanding balance may result in suspension of the customer's account and access to the Gateway platform.

Gateway reserves the right to apply payments received to the oldest outstanding invoice first. Refunds for platform services will be evaluated on a case-by-case basis at Gateway's discretion — freight charges are non-refundable once the carrier has received the cargo.

13. Ship Green Insetting Program

Gateway offers voluntary CO₂ insetting to reduce the carbon footprint of your ocean freight shipments. Carbon insetting directly reduces emissions within the maritime supply chain through ISCC-certified sustainable marine fuels — unlike traditional offsets which fund unrelated external projects.

Insetting is available at time of booking or through the Gateway platform. CO₂ estimates are calculated based on route distance, container type, and cargo weight in accordance with the GLEC Framework. Upon purchase, customers receive an instant insetting certificate available for download in the Gateway dashboard for ESG and sustainability reporting.

Insetting purchases are non-refundable once processed. Gateway does not guarantee specific environmental outcomes beyond the verified reduction scope purchased. Pricing is determined at time of purchase based on current insetting rates. Gateway reserves the right to modify availability and pricing at any time.

14. Anchor Miles Club

The Anchor Miles Club ("AMC") is Gateway's loyalty rewards program for ocean freight customers.

14.1 Enrollment

Enrollment in the Anchor Miles Club is voluntary and requires explicit opt-in by the customer through the Gateway platform. Customers are not automatically enrolled. Miles are only earned on shipments booked after enrollment is confirmed. A welcome gift is issued upon enrollment.

14.2 Earning Miles

Nautical Miles ("NM") are earned on qualifying Full Container Load (FCL) shipments only. Less-than-Container Load (LCL), parcel, and other non-FCL shipment types do not qualify. Miles are divided into Tier Miles and Redeemable Miles, tracked separately. Tier Miles are permanent and determine tier status — they never decrease, even when Redeemable Miles are spent. Redeemable Miles are consumed upon use in the Reward Shop or Mystery Crate.

14.3 Tier Structure

The AMC consists of six membership tiers, each with its own earning multiplier:

  • Deckhand: 0 — 249,999 NM (1x)
  • Sailor: 250,000 — 499,999 NM (1.1x)
  • Navigator: 500,000 — 999,999 NM (1.2x)
  • Captain: 1,000,000 — 2,499,999 NM (1.3x)
  • Admiral: 2,500,000 — 4,999,999 NM (1.5x)
  • Fleet Commander: 5,000,000+ NM (2x)

Tier thresholds and multipliers are published on the Gateway platform and may be adjusted by Gateway at any time with 30 days notice to active members.

14.4 Streak Bonuses

Streak bonuses and multipliers are calculated monthly based on consecutive months with qualifying shipments. Accounts with no qualifying FCL shipment in 90 or more consecutive days may have their streak reset. Streak freeze rewards are available in the Reward Shop.

14.5 Reward Shop & Mystery Crate

Redeemable Miles may be exchanged for items in the Gateway Reward Shop or used to open a Mystery Crate (75,000 NM per crate). All redemptions are final and non-refundable. Reward Shop items are limited to shipment credits, fee waivers, rate locks, service upgrades, and other business-related rewards. Gateway does not offer gift cards, personal merchandise, or non-business perks. Mystery Crate prizes are randomized — prize tier probabilities are published on the Gateway platform. Gateway reserves the right to substitute rewards of equal or greater value and to rotate Reward Shop offerings monthly.

14.6 Referral Program

Members may earn 50,000 NM bonus miles by referring new customers to Gateway. The referred customer also receives 50,000 NM upon account activation. Referral miles are credited after the referred customer's account is approved by Gateway. Referral bonus amounts may change at any time.

14.7 General Terms

  • Miles have no cash value and cannot be transferred, sold, or exchanged for currency
  • Promo codes are subject to individual terms. Stacking multiple promo codes is allowed unless otherwise stated on the specific promotion
  • Gateway reserves the right to modify, suspend, or terminate the AMC program, adjust mile balances, or revoke miles earned through error, fraud, or abuse
  • Upon termination of a customer's Gateway account, all unredeemed Redeemable Miles are forfeited. Tier Miles and tier status are non-transferable between accounts or entities
  • Continued participation after program changes constitutes acceptance of those changes

15. Customs Coordination

Gateway is not a licensed customs broker. Customs entry, clearance, and classification services are provided through Gateway's authorized customs brokerage partners. Gateway facilitates customs coordination as a convenience to customers.

By using Gateway's customs coordination services, you acknowledge and agree:

  • You are the importer of record and are ultimately responsible for the accuracy of all customs declarations, classifications, and valuations
  • All duties, taxes, fees, merchandise processing fees (MPF), and harbor maintenance fees (HMF) assessed by U.S. Customs and Border Protection are the customer's sole responsibility
  • Gateway and its brokerage partners rely on information provided by the customer for customs entry. Any penalties, fines, or liquidated damages resulting from inaccurate information provided by the customer are the customer's responsibility
  • HS code classifications suggested by Gateway's tools or Poseidon are estimates only. Final classification is determined by CBP and the customer is responsible for verifying accuracy
  • Customs bonds (single entry or continuous) are the customer's responsibility. Gateway can facilitate bond procurement through its brokerage partners for an additional fee
  • Gateway is not responsible for delays caused by CBP examinations, holds, or inspections
  • Power of Attorney (POA) may be required to authorize Gateway's brokerage partners to act on your behalf for customs entry. Customer is responsible for executing any required POA documentation

16. AI Assistant (Poseidon)

Gateway provides an AI-powered assistant ("Poseidon") available through the Gateway website, customer portal, and Gateway applications including the Poseidon Desktop extension for Mac and Windows. By using Poseidon in any form, you acknowledge and agree to the following:

16.1 General Use

Poseidon provides general guidance, routing assistance, and informational support. It does not provide legal, customs brokerage, or financial advice. Poseidon is powered by artificial intelligence and may occasionally provide inaccurate, incomplete, or outdated information. Customers should independently verify any information provided by Poseidon before making business decisions. Gateway is not liable for any losses, damages, or costs arising from reliance on information provided by Poseidon.

16.2 Estimates & Non-Binding Information

Tariff calculations, rate estimates, HS code suggestions, transit time estimates, and duty information provided by Poseidon or any Gateway tool are estimates only and are not binding. Final duties and classifications are assessed by U.S. Customs and Border Protection. Poseidon cannot make binding commitments on behalf of Gateway. Quotes, rates, bookings, or service agreements communicated through Poseidon are not confirmed until verified in writing by a Gateway representative or confirmed through the Gateway booking platform.

16.3 Data & Privacy

Conversations with Poseidon may be logged, stored, and analyzed for service improvement, lead qualification, and customer support purposes. Customers should not share sensitive personal information such as passwords, banking details, or government identification numbers through Poseidon. Conversation data is maintained in accordance with Gateway's Privacy Policy.

16.4 Poseidon Desktop Extension

Poseidon Desktop is available as a standalone desktop application for Mac and Windows. By downloading and installing Poseidon Desktop, you agree to the following additional terms:

  • Installation requires an active Gateway client account with valid credentials
  • The application may request system permissions necessary for operation including notifications, network access, and background processes — these permissions are used solely for Poseidon functionality
  • Gateway may push automatic updates to the desktop application. Continued use after updates constitutes acceptance of any changes
  • Poseidon Desktop may run in the background to provide real-time shipment notifications and alerts. You may disable background operation in the application settings
  • You may not reverse engineer, decompile, modify, or distribute the Poseidon Desktop application or any of its components
  • Gateway may revoke access to Poseidon Desktop at any time if your Gateway account is suspended, terminated, or if the application is being used in violation of these Terms
  • Poseidon Desktop is licensed, not sold. Gateway retains all intellectual property rights in the application

16.5 Availability & Limitations

Poseidon is provided as a convenience and Gateway does not guarantee uninterrupted or error-free availability across any platform. Poseidon may be temporarily unavailable for maintenance, updates, or due to technical issues without prior notice. Access to certain Poseidon features may require an active Gateway account or specific account tier. For urgent matters or time-sensitive decisions, customers should contact Gateway directly rather than relying on Poseidon.

16.6 Prohibited Use

Customers may not use Poseidon to attempt to extract proprietary Gateway data, carrier rates, or system information beyond what is normally provided through the platform. Automated querying, scraping, or systematic extraction of information through Poseidon is prohibited. Gateway reserves the right to suspend Poseidon access for any account engaged in abusive or excessive use.

17. Indemnification

You agree to indemnify, defend, and hold harmless Gateway, its officers, directors, employees, agents, carriers, and service providers from and against any and all claims, damages, losses, liabilities, penalties, fines, and expenses (including reasonable attorney's fees and legal costs) arising from or related to:

  • Your use of Gateway's services or platform
  • Your violation of these Terms or any applicable law or regulation
  • Inaccurate, incomplete, or fraudulent information provided by you including but not limited to cargo descriptions, declared values, weights, classifications, or documentation
  • Shipment of prohibited, restricted, undeclared, or misdeclared goods including hazardous materials
  • Your failure to comply with import, export, customs, or trade regulations applicable to your shipments
  • CBP penalties, fines, or liquidated damages resulting from inaccurate ISF filings, incorrect HS classifications, or documentation errors caused by information you provided
  • Cargo damage or third-party injury resulting from improper packaging, loading, or labeling performed by you or on your behalf
  • Infringement of any third-party intellectual property, trade secret, or proprietary rights
  • Claims brought by your buyers, suppliers, or any third party related to cargo you shipped through Gateway
  • Your failure to maintain adequate cargo insurance
  • Any breach of the confidentiality obligations in these Terms
  • Unauthorized access, hacking, or attempted exploitation of Gateway's platform, API, systems, or infrastructure by you, your employees, or any party using your account credentials
  • Security breaches or data loss resulting from your failure to maintain the confidentiality of your account credentials, API keys, or access tokens
  • Any cyberattack, malware, or malicious activity originating from your systems or accounts that impacts Gateway's platform or other Gateway customers

This indemnification obligation survives termination of your account and these Terms. Gateway reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Gateway's defense of any such claim.

Gateway reserves the right to immediately suspend or terminate access and pursue all available legal remedies including criminal referral in cases involving unauthorized access, hacking, or attempted exploitation of Gateway's systems.

18. Governing Law & Jurisdiction

18.1 Default Governing Law. Unless otherwise specified in a separate service agreement, rate confirmation, booking contract, or bill of lading, these Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America.

18.2 Default Jurisdiction & Venue. Unless otherwise specified in a separate agreement, any disputes arising out of or relating to these Terms or the services provided by Gateway shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in New York County (Manhattan), New York, including the United States District Court for the Southern District of New York. You consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

18.3 Exclusion of UN Convention. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms, any service agreement, or any transaction contemplated hereby. This exclusion applies regardless of the countries involved in the shipment or the nationalities of the parties.

18.4 Ocean Freight. For ocean freight shipments, applicable international conventions may govern, including but not limited to the Hague Rules, Hague-Visby Rules, Hamburg Rules, Rotterdam Rules, and the Carriage of Goods by Sea Act (COGSA), as adopted by the relevant jurisdictions and to the extent they are mandatorily applicable.

18.5 Air Freight. For air freight shipments, if offered, the Montreal Convention shall apply to the extent mandatorily applicable to international carriage by air.

18.6 Conflict of Laws. These Terms shall be construed without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction. In the event of any conflict between these General Terms and any specific service agreement, bill of lading, or booking confirmation, the terms of the specific document shall prevail.

18.7 Data Processing. All customer data is processed and stored on servers located in the United States. Gateway's technology infrastructure spans multiple US locations. By using our services, you acknowledge and consent to the processing and storage of your data within the United States. Gateway maintains appropriate safeguards in compliance with applicable data protection laws.

18.8 Arbitration. For disputes involving claims under $100,000, the parties agree to submit to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in New York County, New York. The arbitrator's decision shall be final and binding. For disputes exceeding $100,000, either party may elect to proceed in court per Section 18.2. This arbitration clause does not apply to disputes subject to mandatory jurisdiction under COGSA, FMC regulations, or applicable international conventions.

19. Account Termination

18.1 Termination by Customer

You may terminate your account at any time by providing written notice to Gateway at legal@gatewaylines.com. Termination does not release you from any outstanding payment obligations, pending shipments, or liabilities incurred prior to termination. Active shipments in transit at time of termination request will be completed under these Terms and all applicable charges will apply.

18.2 Termination by Gateway

Gateway may suspend or terminate your account at any time, with or without notice, for any of the following reasons:

  • Violation of these Terms of Service or any applicable law or regulation
  • Failure to pay outstanding invoices within 90 days of the due date
  • Fraudulent activity, misrepresentation, or abuse of platform features
  • Shipping prohibited or sanctioned goods through the Gateway platform
  • Repeated compliance screening failures or denied-party matches
  • Any conduct that Gateway reasonably determines is harmful to the platform, other users, or Gateway's reputation

18.3 Suspension

Gateway may suspend your account as a preliminary measure before termination. During suspension, you will not be able to create new bookings or access certain platform features, but you may view existing shipment data and documents. Gateway will make reasonable efforts to notify you of the reason for suspension and provide an opportunity to resolve the issue before proceeding to termination. Suspension does not relieve you of any payment obligations.

18.4 Effect of Termination

Upon termination for any reason:

  • All outstanding balances become immediately due and payable
  • Gateway will provide access to download shipment records, invoices, and documents for 30 days following termination. After 30 days, Gateway may delete account data in accordance with its data retention policy
  • Anchor Miles Club balances — both Tier Miles and Redeemable Miles — are forfeited upon termination for cause. For voluntary termination by the customer, Redeemable Miles may be used within the 30-day access period but are forfeited thereafter
  • All licenses granted to you under these Terms, including API access and Poseidon Desktop, are immediately revoked
  • Confidentiality and indemnification obligations survive termination
  • Gateway's lien rights under Section 3.13 survive termination and apply to any cargo in Gateway's possession or control at time of termination

18.5 Reinstatement

Accounts terminated for non-payment may be reinstated upon payment of all outstanding balances plus any applicable late fees. Accounts terminated for fraud, sanctions violations, or compliance failures are permanently closed and may not be reinstated. Gateway reserves the right to deny reinstatement at its sole discretion.

18.6 No Refund on Termination

Platform fees, insetting purchases, insurance premiums, and other prepaid services are non-refundable upon termination regardless of the reason for termination.

20. Data Retention & Deletion

Gateway retains your data as follows:

  • Active accounts: All data is retained for the duration of your account plus 5 years after the last shipment, as required by FMC and CBP record-keeping regulations (19 CFR 163).
  • Closed accounts: Shipment records, bills of lading, and customs documentation are retained for 5 years per federal requirements. Personal profile data is deleted within 90 days of account closure upon request.
  • Chat and support data: Conversations with Poseidon and support tickets are retained for 1 year, then automatically purged — unless the conversation is related to an active claim, dispute, or legal matter, in which case it will be retained until the matter is fully resolved.
  • API and system data: API usage logs, platform analytics, and system access logs are retained for 2 years for security, performance monitoring, and fraud detection purposes.
  • Anchor Miles Club: AMC transaction history, mile balances, and redemption records are retained for the duration of your account plus 2 years after account closure or program termination.
  • Deletion requests: You may request deletion of your personal data by emailing privacy@gatewaylines.com. Gateway will comply within 30 days, except where retention is required by federal law, regulatory obligation, active legal proceedings, or pending disputes. Gateway will inform you if any portion of your data cannot be deleted and the reason for continued retention.

For customers located in jurisdictions with specific data protection requirements (such as the EU General Data Protection Regulation), Gateway will comply with applicable data deletion and portability obligations to the extent they do not conflict with mandatory US federal record-keeping requirements. In case of conflict, US federal retention requirements take precedence.

Upon written request, Gateway will provide an export of your shipment records, invoices, and account data in a standard machine-readable format within 30 days. Data export requests may be submitted to privacy@gatewaylines.com.

21. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Gateway's services shall be resolved as follows:

20.1 Informal Resolution

The parties shall first attempt to resolve disputes informally by contacting legal@gatewaylines.com. Gateway will respond within 14 business days. Both parties agree to engage in good faith for a minimum of 30 days before initiating arbitration or legal proceedings.

20.2 Binding Arbitration

If informal resolution fails after the 30-day good faith period, disputes involving claims under $100,000 shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in New York County, New York. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorney's fees unless the arbitrator determines otherwise.

20.3 Litigation

For disputes involving claims of $100,000 or more, either party may elect to proceed in court in accordance with Section 18.2 of these Terms rather than arbitration.

20.4 Class Action Waiver

You agree that all disputes will be resolved on an individual basis only. You waive any right to participate in any class, consolidated, or representative action against Gateway. This waiver applies to arbitration and litigation.

20.5 Exceptions

The following are excluded from this arbitration clause and shall be resolved in accordance with applicable law:

  • Claims subject to FMC jurisdiction or OSRA dispute resolution procedures
  • Claims governed by COGSA or other mandatory federal maritime law
  • Requests for injunctive or equitable relief related to intellectual property, confidentiality, or unauthorized access to Gateway's systems
  • Demurrage and detention disputes subject to 46 CFR Part 545

20.6 Small Claims

Either party may bring qualifying claims in small claims court in New York County, New York as an alternative to arbitration, provided the claim falls within the jurisdictional limits of such court.

20.7 Time Limitation

Any claim or dispute arising under these Terms must be brought within one (1) year from the date the cause of action accrued, except where a different limitation period is mandated by applicable law such as COGSA. Failure to bring a claim within this period constitutes a permanent waiver of that claim.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

23. Waiver

The failure of Gateway to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gateway. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

24. Modifications to Terms

Gateway reserves the right to modify these Terms at any time. For minor updates and clarifications, changes will be effective immediately upon posting on our website. For material changes that significantly affect your rights or obligations, Gateway will provide 30 days advance notice via email to your registered address or through a notification in the Gateway dashboard. Your continued use of Gateway's services following the effective date of any changes constitutes acceptance of those changes. If you do not agree with a material change, you may terminate your account in accordance with Section 19.1 before the change takes effect.

25. OSRA Demurrage & Detention Compliance

In compliance with the Ocean Shipping Reform Act of 2022 and 46 CFR Part 545, Gateway adheres to the following:

All demurrage and detention invoices will include the date charges began, free time allowance, applicable tariff rate, and contact information for disputes. Invoices will be issued within 30 days of the charge-incurring event.

Disputes must be submitted to disputes@gatewaylines.com within 30 days of invoice date. Gateway will acknowledge receipt within 5 business days and provide a written decision within 30 days of receiving complete documentation. Unresolved disputes may be filed with the Federal Maritime Commission at fmc.gov.

Gateway will not charge demurrage or detention for delays resulting from circumstances beyond the shipper's or consignee's control, including government inspections, port congestion not attributable to the customer, or carrier-caused delays.

For general demurrage, detention, and free time terms, see Section 3.14.

26. API Access and Usage

20.1 Eligibility & Access

  • API access is provided at Gateway's discretion and may be revoked at any time
  • You are responsible for maintaining the confidentiality of your API keys and account credentials

20.2 License

Gateway grants you a limited, non-exclusive, non-transferable right to use its APIs for the sole purpose of integrating Gateway's services within your systems or applications.

20.3 Prohibited Uses

  • You may not use the API to replicate or compete with Gateway's services
  • You may not resell, sublicense, or redistribute the API or any data obtained via the API
  • You may not exceed rate limits or interfere with API performance or stability

20.4 API Rate Limits

  • Default rate limit is 1,000 requests per hour per API key
  • Excessive or abusive usage may result in temporary or permanent suspension
  • Higher limits available for enterprise customers upon request

20.5 Data Use & Ownership

  • All data accessed through the API remains the property of Gateway
  • You may store or process the data solely for use within your organization
  • You may not reverse engineer, scrape, or mine our data outside permitted use

20.6 Service Level & Updates

  • Gateway does not guarantee uninterrupted or error-free API access
  • Gateway may update or discontinue APIs at any time, with reasonable notice when feasible
  • Planned maintenance will be announced in advance when possible

20.7 Security Requirements

  • You are responsible for securely storing any data retrieved through the API
  • API keys must not be shared, exposed publicly, or bundled into client-side code
  • All API requests must use HTTPS encryption
  • You must immediately notify Gateway of any security breaches or unauthorized access

Developer Resources: Full API documentation, integration guides, and webhook setup instructions are available in your dashboard under API Settings. For API support, contact api@gatewaylines.com

27. Intellectual Property

All content, software, algorithms, designs, trademarks, logos, trade names, and intellectual property displayed on or accessible through the Gateway platform are the exclusive property of Gateway and are protected by applicable copyright, trademark, and intellectual property laws.

You may not:

  • Copy, reproduce, distribute, modify, or create derivative works from any Gateway content, software, or materials without prior written permission
  • Use Gateway's name, logos, or trademarks in any manner that implies endorsement or affiliation without written authorization
  • Reverse engineer, decompile, or disassemble any Gateway software, algorithms, or proprietary systems including but not limited to Gateway's rate prediction models, routing algorithms, and platform architecture
  • Scrape, crawl, or systematically extract data from the Gateway platform or website beyond what is explicitly permitted through the API

Customer-uploaded content including shipping documents, cargo information, and business data remains the property of the customer. By uploading content to the Gateway platform, you grant Gateway a limited license to use, store, and process that content solely for the purpose of providing services to you.

Gateway's proprietary tools including but not limited to the tariff calculator, CO₂ emissions calculator, HS code search, duty calculator, and rate prediction engine are provided for customer use through the platform only. The underlying data, models, and algorithms powering these tools are trade secrets of Gateway and may not be extracted, replicated, or used to build competing products.

Any feedback, suggestions, or ideas you provide to Gateway regarding the platform or services may be used by Gateway without obligation or compensation to you.

28. Government Services

Gateway offers freight forwarding services to U.S. federal, state, and local government agencies through Gateway for Government. Government shipments may be subject to additional terms and conditions as required by applicable federal, state, or local procurement regulations, including but not limited to the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS).

In the event of a conflict between these Terms and the terms of a government contract, purchase order, or task order, the government contract terms shall prevail. Gateway acknowledges its obligation to comply with all applicable flow-down clauses required by government prime contractors and subcontractors.

Gateway maintains compliance with applicable trade regulations including OFAC sanctions screening, denied party screening, and export control regulations. Additional compliance measures including enhanced security protocols and classified shipment handling may be made available upon request and under separate agreement.

Government customers may request additional documentation including proof of FMC licensing, insurance certificates, and past performance references through the Gateway for Government portal.

29. Contact Information

For questions about these Terms of Service or Gateway's services:

Legal: legal@gatewaylines.com

General Inquiries: info@gatewaylines.com

Sales: sales@gatewaylines.com

Claims: claims@gatewaylines.com

Disputes: disputes@gatewaylines.com

Privacy: privacy@gatewaylines.com

Phone: 844-542-8392 (Mon-Fri 7am-6pm EST)

By using Gateway's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

By using Gateway technology, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.