Terms and Conditions

The Service is currently in testing or Beta ("Beta Services"). This means a service, or a feature of a service, that is designated or presented to the user as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, evaluation, such that it is provided prior to general commercial release (and can have the designation "Beta"). For the avoidance of doubt, all Services referenced herein are currently Beta Services and shall remain so until such time as the Company announces the official launch of the Service and updates these Terms accordingly.

By accepting these Terms or using the Services, you understand and acknowledge that the Beta Services are being provided on an "As Is" or "As Available" basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, the Company is not obligated to provide any maintenance, technical, or other support for the Beta Services. Assumption of Risk in Regards to Smart Contracts: You understand and agree that engaging with the Service, including but not limited to interacting with smart contracts, is done at your own risk. You are solely responsible for any and all actions taken through your wallet and any consequences thereof. You acknowledge that smart contracts, blockchain technology, and decentralized applications are inherently complex and may contain vulnerabilities. These vulnerabilities could potentially be exploited, leading to the loss of assets or other adverse consequences. You explicitly acknowledge that the smart contracts associated with the Service have not been audited by any third-party and as such, there is no guarantee of their security, reliability, or functionality. By using the Service and interacting with the smart contracts, you accept the risk that the smart contracts may contain errors, bugs, or other issues that could result in unexpected behavior, including but not limited to the complete loss of user assets. You agree and acknowledge that to the maximum extent permitted by law, its owners, operators, developers, and affiliates will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service and its smart contracts, including but not limited to any loss of assets due to hacks, exploits, or other vulnerabilities. You agree to indemnify, defend, and hold harmless our platform and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including but not limited to legal and accounting fees, arising out of or in any way connected with your use of the Service or your violation of these Terms of Use. By using the Service, you confirm that you have read, understood, and agree to these Terms of Use. You acknowledge that you are aware of the risks associated with smart contracts and decentralized applications and accept full responsibility for your actions and their consequences. If you do not agree with any part of these Terms of Use, you must not use the Service or interact with its smart contracts.

1. ACCEPTANCE OF AGREEMENT

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE, AND ALL RELATED TOOLS, MOBILE APPLICATIONS, WEB APPLICATIONS, DECENTRALIZED APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING INTERFACES ("APIS") LOCATED AT ANY OF THE COMPANY'S WEBSITES, INCLUDING WITHOUT LIMITATION, SUCCESSOR WEBSITE(S) OR APPLICATION(S) THERETO. THESE TERMS SET OUT YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU USE THE SERVICE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO MINTING OR BURNING SMART CONTRACTS, PROVIDING LIQUIDITY TO THE SERVICE, TRADING, OR VIEWING HISTORICAL DATA, TRANSACTION INFORMATION, STATISTICS, OR INFORMATION ON OTHER ACTIVITIES TAKING PLACE ON THE SERVICE. BY USING THE SERVICE IN ANY MANNER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICE. PLEASE BE AWARE THAT THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. By accessing, browsing, submitting information to and/or using the Website, or by signing into the Website using a Wallet (as defined below), you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference, and to comply with all applicable laws including, without limitation, all national, regional, and local tax and tariff laws, regulations, and/or directives. Accordingly, under Article 6 of the General Data Protection Regulation, or "GDPR," users in the European Union acknowledge and consent to our processing of personal data as necessary for the performance of these Terms, any applicable agreements, and use of the Website. If you do not agree to the Terms, please do not use the Website. The Terms of Use are referred to herein as the "Agreement."

2. AMENDMENTS

The Company reserves the right to amend this Agreement or the Privacy Policy described in Section 5 below, at any time with reasonable notice, as determined by the Company in its sole discretion. The Company will post notice of any amendment on the Service by revising the "Last Updated" date at the beginning of the applicable document. Amendments are binding on users of the Service and will take effect immediately upon posting. You should check this Agreement, and the Privacy Policy regularly for updates. By continuing to use the Service after such notice is provided, you accept and agree to such amendments. If you do not agree to any amendment to any of these agreements, you must stop using the Service.

3. DEFINITIONS AND INTERPRETATION

3.1. Defined Terms. In addition to certain terms defined throughout this Agreement, unless the context requires otherwise, the following capitalized terms in this Agreement shall have the following meanings:

"Affiliate" means, with respect to a party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by, is under common control, or is in direct contract for the provision of services with such party.
"Applicable Law" means the laws of the State of New York as the same may be amended, modified, supplemented and in effect from time to time during the Term (as defined below).
"Business Day" means a day other than a Saturday, Sunday, or other day on which commercial banks in New York are authorized or required to close.
"NFT" means Non-Fungible Token.
"Ecosystem" means the Ethereum or other blockchain ecosystem under the name of the Company that will initially consist of a predictions market making protocol, and other features to be determined by the Company and its Affiliates.
"Profile Information" means the information you may be required to provide to the Company to register for the Service, including as applicable, Wallet address, name and address, as well as the username and password that may be required to allow you to access the Service, as such information shall change from time to time.
"Wallet" means an Ethereum-based electronic wallet, such as that provided by Phantom, which allows Users to purchase and store cryptocurrencies and other tokens, and sign/engage in transactions on the Ethereum Blockchain, or any other supported wallet which provides similar functionality on the Ethereum Blockchain.

4. CONDITIONS OF USE

User Representations and Warranties. As a condition to accessing or using the Services, you represent and warrant to the Company the following:

If you are entering into these Terms as an individual, then you have the legal capacity to enter into these Terms and be bound by them. You are at least 18 years of age.
If you are entering these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity.
You are not located within the United States, a resident of the United States, or acting on behalf of (1) any corporation, partnership, limited liability company, or other business entity organized or incorporated under the laws of the United States or having its principal place of business in the United States; (2) any fund or collective investment vehicle that is organized under U.S. law or primarily marketed to U.S. residents; (3) any trust governed by U.S. law; (4) any branch or agency of a foreign entity located in the United States; (5) any special purpose vehicle ("SPV") or other entity established for the purpose of facilitating a transaction for a U.S. person; or (6) for an affiliate of any of the above. For the avoidance of doubt, any person classified as a "U.S. Person" under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is prohibited from entering into these Terms.
You must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Cuba, North Korea, Iran, Libya, Iran, Lebanon, Central African Republic, Sudan, Syria, Somalia, Venezuela, Yemen, Russia, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, "Restricted Territories").
You are not 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 the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, "Sanctioned Person").
You do not intend to transact with any Restricted Person or Sanctioned Person.
You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
Your access to the Services (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Company, you, the Website or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity; and (b) does not contribute to or facilitate any illegal activity.

5. USER ACCOUNT RESPONSIBILITY

User Account Responsibility. User understands and agrees that it is solely responsible for maintaining the security of User's account and control over any usernames, passwords, public and/or private keys, or any other codes that User uses to access the Service. If you are given or create a password to access the Service, you are responsible for maintaining the confidentiality of your account and your password. If you use a Wallet to access the Service, the Company has no way of granting you access to the site if you lose access to, or control of, your Wallet. You are responsible for all activities that occur under your account, and you agree to notify the Company immediately of any suspected unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account, Wallet. or your password. Any unauthorized access to your account by third parties could result in the loss or theft of funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s).

6. ASSUMPTION OF RISK

6.1. User Acknowledges the Risk of Cryptocurrency and Smart Contracts. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS SMART CONTRACTS, PUBLIC BLOCKCHAIN NETWORKS (INCLUDING BUT NOT LIMITED TO THE ETHEREUM BLOCKCHAIN NETWORK) AND NON-FUNGIBLE TOKENS.

6.2. The Company is Not Responsible for Technical Errors on Any Blockchain. COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR ANY OTHER BLOCKCHAIN NETWORK COMPANY MAY INTERFACE WITH, OR THE METAMASK WALLET OR ANY SIMILAR BROWSER OR WALLET ON ANY BLOCKCHAIN NETWORK INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK OR ANY OTHER BLOCKCHAIN NETWORK COMPANY MAY INTERFACE WITH, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Upgrades to the Ethereum platform or any other blockchain network with which the Company may interface, a hard fork in any such platform, or a change in how transactions are confirmed on any such platform may have unintended, adverse effects on all blockchains using the SPL token standards, including the Company Ecosystem.

6.3. The User Acknowledges the Risks of the Service. You acknowledge that the Service is subject to flaws and acknowledge that you are solely responsible for evaluating any information provided by the Service. This warning and others provided in this Agreement by the Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Service. The Service may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Service. You agree to accept the risk of the Service failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold the Company accountable for any related losses. The Company will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.

6.4. The Company Does Not Make Any Representations Regarding the Accuracy of the Service, the Value of NFTs, Cryptocurrency, or Other Digital Assets. The Service is a novel product and the accuracy of the information contained on the Service is not guaranteed. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the value of NFTs and cryptocurrency, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development, potential utility, or value of NFTs and cryptocurrency. The Service, NFTs, and other Digital Assets could be impacted by one or more regulatory inquiries or regulatory action. For all of the foregoing reasons, as well as for reasons that may not presently be known to the Company, the Company makes absolutely no representations or warranties of any kind regarding the accuracy of the Service, the value of NFTs, cryptocurrency, or other Digital Assets.

6.5. User Acknowledges Financial Risk of Digital Assets. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling Digital Assets is suitable for you in light of your circumstances and financial resources. By using the Service, you represent that you have been, are and will be solely responsible for making your own independent appraisal. Under no circumstances shall the Company be liable in connection with your use of the Service or your performance of any Digital Asset transactions. Under no circumstances will the operation of all or any portion of the Service be deemed to create a relationship that includes the provision or tendering of investment advice. User acknowledges and agrees that the Company is not a party to any agreement or transaction between one or more Users and/or third parties involving the purchase, sale, charge, or transfer of NFTs or cryptocurrency.

6.6. User Acknowledges Risk of Beta Service. Until such time as the Company announces the official launch of the Service and these Terms are updated to reflect such launch, the Service is in "beta" or testing. This means a service, or a feature of a service, that is designated or presented to the user as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, evaluation, such that it is provided prior to general commercial release. Due to the nature of testing, the Beta Services carry inherent risks. By accepting these Terms or using the Services, you understand and acknowledge that the Beta Services are being provided on an "As Is" or "As Available" basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RIS

6.7. Violations by Other Users. User irrevocably releases, acquits, and forever discharges the Company and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another user's violation of this Agreement.