Terms of Service

By accessing or using the Gatelyst website, or by purchasing, registering for or participating in a live experience through a Gatelyst-powered flow, you agree to these Terms of Service. If you do not agree, do not use the service.

If you are using Gatelyst on behalf of a business, you represent that you are authorized to bind that business to these Terms.

Gatelyst is a product and service operated by Emergent Marketing Inc.. Gatelyst is not a separate legal entity. References to “Gatelyst”, “we”, “us” or “our” in these Terms refer to Emergent Marketing Inc. when acting as operator of the Gatelyst platform, unless the context clearly refers to a tenant, customer or other third party using the platform.

Contracts, telecommunications and messaging registrations, service-provider records, payment-provider records and other regulated relationships may therefore identify Emergent Marketing Inc. as the legal operating entity while the service itself is presented as Gatelyst. The relationship is set out in full on the Legal Entity & Brand Relationship page.

Gatelyst provides commerce and operations software for live experiences. Depending on how a given operator has configured it, the platform may provide:

• Mobile purchase and registration flows accessed by scanning a code or following a link
• Virtual queue management, including position, wait estimates and call-up status
• Transactional and operational notifications by SMS, MMS or email
• Electronic agreements, participant releases and media permissions
• Media capture, processing and delivery to the customer who took part
• Merchandise inventory, ordering and on-site fulfillment
• Reporting and analytics for the operator running the experience

Features vary by operator and by configuration. Availability of any particular feature is not guaranteed.

Some parts of the platform require an account. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for activity that occurs under your account. Notify us promptly if you believe your account has been used without your authorization.

Many customer-facing flows do not require an account at all. Where that is the case, you are responsible for the accuracy of the contact details you provide, because they are what we use to deliver what you asked for.

Live experiences offered through Gatelyst are operated by independent businesses. A team, venue, promoter or other operator uses Gatelyst to sell and run its own experience. That operator — not Gatelyst — is responsible for the experience itself, including its conduct, safety, staffing, scheduling, eligibility rules and the goods or services it provides.

Messages, receipts and pages you encounter may identify both Gatelyst and the applicable operator. That does not make Gatelyst the provider of the experience.

Where an operator sells through Gatelyst, payment is generally processed through that operator’s own payment provider and settles to that operator. In those arrangements Gatelyst is not the merchant of record for the transaction.

One service is different. Where an operator has separately agreed, qualified for and activated Gatelyst Managed Payments as merchant of record, Emergent Marketing Inc. acts as the merchant of record for those transactions and the operator receives its contracted settlement share. That service is not a default and applies to no operator who has not separately agreed to it. Which arrangement applies to a given purchase is identified at checkout and on the payment receipt. The relationship is explained on the Legal Entity & Brand Relationship page.

Prices, taxes, availability, refunds, exchanges and cancellations are set by the operator. Direct refund and dispute requests to the operator that sold the experience or goods, unless the payment receipt identifies Gatelyst as the merchant of record, in which case direct them to us. We do not store complete payment card numbers; card details are handled by the applicable payment provider.

Operators may impose their own requirements as a condition of participation, including eligibility and age limits, health and safety rules, waivers and releases, media and likeness permissions, venue and sanctioning-body rules, arrival and check-in requirements, refund and rescheduling policies, and merchandise fulfillment and pickup rules.

Where you sign an electronic release or agreement through Gatelyst, the version you agreed to is recorded and retained, and that version governs your participation.

Live motorsport and similar activities carry inherent risk. Nothing in these Terms limits or replaces any release, waiver or safety requirement imposed by the operator or venue.

When you use the service, you consent to receive communications from us and from the applicable operator electronically, including by email, SMS/MMS and in-product messages. You agree that electronic communications, agreements and records satisfy any legal requirement that such communications be in writing.

Consent

You will receive messages only after an applicable opt-in action. Typically this means providing your mobile number during a Gatelyst-powered registration or checkout flow and affirmatively agreeing to receive transactional SMS messages about that experience — for example by ticking an unchecked consent box presented next to the disclosures below.

Providing a phone number on its own does not enrol you where the flow requires a separate affirmative consent action.

Message frequency

Message frequency varies. The number of messages depends on the experience you registered for and its progress — for example queue position updates, a call-up notice, or a notification that your merchandise or media is ready.

Cost

Message and data rates may apply. Your mobile carrier’s standard rates apply to messages you send and receive. Gatelyst does not charge you for receiving program messages.

Opting out

Reply STOP to opt out or cancel at any time. Your number is suppressed on receipt and you will receive no further program messages. Your mobile carrier or the underlying messaging provider may send a single confirmation message acknowledging the opt-out; that confirmation comes from them. Opting out of messages may mean you no longer receive operational notices such as queue position or pickup alerts for the experience you registered for.

Help

Reply HELP for help. A HELP reply is recognised and recorded so that support can respond to it; no automated reply is promised. For assistance, contact support@gatelyst.com, the website at gatelyst.com, or by phone at (224) 276-8364. Full messaging disclosures are on the SMS & Messaging Terms page.

Carriers

Message delivery is subject to effective transmission by your mobile carrier. Wireless carriers are not liable for delayed or undelivered messages. Supported carriers may change without notice.

Consent is not a condition of purchase

Consent to receive marketing or promotional SMS messages is never a condition of purchasing any goods or services. Where operational messaging is genuinely required to administer a service you have requested — for example a virtual queue whose only notification channel is SMS — that will be disclosed to you at the point of consent, and you may choose an alternative arrangement with the operator or decline to register.

Who the message is about

Gatelyst is a multi-tenant platform. A message may identify both Gatelyst and the applicable experience, team, venue or business you registered with, with that operator’s name inserted dynamically. For example, a message may identify the Gatelyst program, the operator whose queue you joined, and the pickup location for your order.

Privacy

Mobile opt-in information, SMS consent records and phone numbers collected for messaging purposes are not sold and are not shared with third parties for their own marketing or promotional purposes. See the Privacy Policy for full detail, including the service providers who process data on our behalf.

The Gatelyst platform, software, interfaces and brand are owned by Emergent Marketing Inc. and are protected by intellectual property law. You may not copy, modify, reverse engineer, resell or create derivative works from the platform except as expressly permitted.

Content belonging to an operator — including its name, marks, imagery and media — remains that operator’s property. Media of you, captured during an experience, is handled in accordance with the release you signed and the Privacy Policy.

You agree not to:

• Use the service unlawfully or in violation of an operator’s or venue’s rules
• Interfere with, probe or disrupt the platform or its infrastructure
• Attempt to access accounts, tenants or data that are not yours
• Submit false, misleading or impersonating information
• Use automated means to scrape, overload or abuse the service
• Circumvent queue, payment, eligibility or safety controls

The platform integrates third-party services such as payment processors, messaging and email providers, hosting and storage, media processing, and — where an operator chooses to connect them — publishing and content-distribution services. Those services are governed by their own terms and privacy policies, and we do not control them.

Where a link is provided to a third-party product, we may receive a referral commission. Any such relationship is disclosed next to the link.

The service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

We do not warrant uninterrupted or error-free operation, or that messages will be delivered without delay. Performance figures, telemetry, certificates and similar outputs are produced from consumer hardware and are provided for entertainment and record-keeping purposes. They are not certified measurements.

To the fullest extent permitted by law, Emergent Marketing Inc. is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, arising out of or relating to your use of the service.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the service will not exceed the greater of the amounts you paid to us in the twelve months preceding the claim, or one hundred United States dollars.

Nothing in these Terms limits liability that cannot be limited under applicable law, and nothing here limits or replaces the responsibility of the operator running an experience.

You agree to indemnify and hold harmless Emergent Marketing Inc. and its officers, directors, employees and agents from claims, damages, liabilities and reasonable expenses arising out of your breach of these Terms, your misuse of the service, or your violation of law or of the rights of another party.

We may suspend or terminate access to the service, in whole or in part, where we reasonably believe it is being used unlawfully, abusively, or in breach of these Terms, or where required to protect the platform, an operator or other users. Provisions that by their nature should survive termination will survive.

We may update these Terms. When we do, we will update the effective date shown at the top of this page. Material changes will be indicated on this page. Continued use of the service after an update constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Illinois have exclusive jurisdiction over disputes arising out of or relating to these Terms, and the parties consent to that jurisdiction and venue.

Separate agreements between an operator and its own clients or participants may specify a different governing law for those agreements. This section governs these Terms only.

Emergent Marketing Inc., operator of Gatelyst.

• Web: https://gatelyst.com/
• Phone: (224) 276-8364

For questions about the SMS program, reply HELP to any program message or use the contact details above.