Terms of Service

Last updated: November 19, 2025

Scope

These terms, and the accompanying privacy policy, which is incorporated into and a part of these terms, govern the use of the Clutch mobile application and the associated tools and services.

Clutch is a decentralized exchange (DEX) aggregator that aggregates prediction markets from multiple platforms, including Polymarket and KalshiEX LLC. Clutch provides enhanced market information, real-time odds tracking, livestream integration, faster data streaming for live events, and analytics that enable users to make more informed trading decisions and react more quickly to market opportunities.

Collectively, the application and the associated tools and services are referred to as the "Services" in these terms. The operator may offer other products and services.

The Services do not include outside websites or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms. These outside platforms may include, but are not limited to:

• The KalshiEX LLC platform and prediction markets at kalshi.com
• The Polymarket platform and prediction markets at polymarket.com

The operator is not responsible for any transactions on other platforms and disclaims all liability for such transactions.

These terms include important provisions governing your use of the Services. These provisions affect such matters as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial, and the requirement that any dispute between you and the operator be resolved by binding individual arbitration. Before using the Services, make sure that you read and understand all of these terms and the accompanying privacy policy.

Slash Workman Inc., a Delaware C Corporation, operates the Services. It and its affiliates are referred to in this document as the "operator," "we," or "us."

Important Terms

These terms include a number of especially important provisions that affect your rights and responsibilities, such as:

• The disclaimers in Disclaimers
• Limits on the operator's legal liability to you in Limits on Liability
• Your agreement to reimburse the operator for problems caused by your misuse of the Services in Your Responsibility
• An agreement about how to resolve disputes in Disputes

Using the Services may require that you pay a fee to other users of the Services (such as merchants) or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or Services before initiating such transaction.

Your Permission to Use the Services

Subject to these terms, the operator gives you permission to use the Services. You can't transfer your permission to anyone else. Others need to agree to these terms for themselves to use the Services.

Conditions for Use of the Services

Your permission to use the Services is subject to the following conditions:

• You must be at least eighteen years old.
• You are not barred from using the Services under applicable law.
• You may no longer use the Services if the operator tells you that you may not.
• You must follow Acceptable Use and Content Standards.
• You are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions.
• You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Services to conduct any illegal or illicit activity.
• You have not been placed on any of the following lists:
  • European External Action Service Consolidated Financial Sanctions List
  • EU Terrorist List
  • FATF Non-Cooperative Countries and Territories
  • Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information
  • Bank of England Sanctions List
  • HM Treasury Sanctions List
  • Politically Exposed Persons List
  • World Bank Ineligible Firms
  • Department of Foreign Affairs and Trade Consolidated List

The Services

The App is a DEX aggregator that integrates with prediction market services provided by multiple platforms, including KalshiEX LLC and Polymarket (collectively, the "Platforms"). The App provides an aggregation interface which allows users to view and interact with prediction markets available across multiple platforms.

Key Features

• Real-time odds tracking: Monitor changes in prediction market odds as they happen, with faster data streaming for live events to ensure you have the most up-to-date information.
• Livestream integration: View odds movements in real-time while watching livestreams of events, allowing you to track market sentiment as events unfold.
• Cross-platform analytics: Compare markets across different platforms to identify the best opportunities.
• Enhanced notifications: Receive alerts about significant market movements and opportunities across all aggregated platforms.

Certain functionality, including the ability to interact with prediction markets, is subject to the terms and conditions of the respective platforms (KalshiEX LLC and Polymarket) and applicable regulations, including restrictions based on jurisdiction and user eligibility.

The operator provides a self-custodial wallet interface where users maintain full control of their digital assets. Users access prediction market functionality through the aggregated platforms' services in accordance with these terms and the respective platforms' terms of service.

By using the App, users are able to manage their self-custodial digital wallets and participate in prediction markets provided by KalshiEX LLC and Polymarket. Users maintain full control and custody of their digital assets at all times through their self-custodial wallets. All prediction market transactions are facilitated through the respective platforms' infrastructure.

All prediction market transactions are conducted through the respective platforms (KalshiEX LLC or Polymarket). Users enter into a direct contractual relationship with the respective platform for prediction market services, and the operator is not a party to such transactions. The operator is not liable for performance of any obligations related to prediction market transactions. The operator does not bear any financial or commercial risk or provide any warranties or assurances in connection with prediction market transactions conducted through any of the aggregated platforms.

The App provides a DEX aggregation interface, real-time data streaming, livestream integration, and analytics tools allowing users to view and access prediction markets across multiple platforms (KalshiEX LLC and Polymarket) but does not act as an agent for any of the users. Although the App is intended to display accurate and timely information regarding prediction markets and related data, including real-time odds changes and livestream-synchronized data, the App or relevant tools/information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The pricing and market data provided through the App does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the operator or the App. Accordingly, users should verify all information before relying on it, and all decisions based on information contained on the App or tools/information tools are at the sole responsibility of each user.

Note: Any photographs, graphic illustrations, videos, models, charts, designs, or examples on the App are strictly for information purposes only and have no contractual value nor do they form the basis of any contract with the operator.

Neither the operator nor the App provides any digital asset exchange, investment advisory, or portfolio/fund management services in connection with any transaction. If you choose to engage in prediction market transactions through any of the aggregated platforms (KalshiEX LLC or Polymarket), then such decisions and transactions and any consequences flowing therefrom are your sole responsibility.

The App solely functions as:

• A DEX aggregator
• A visual user interface
• A real-time data provider
• A self-custodial wallet

The App is NOT:

• A digital asset exchange
• A broker or dealer
• A fund manager
• A financial institution
• An exchange or custodian
• A robo-advisor
• An intermediary or creditor

The operator is not a counterparty to any prediction market transaction facilitated through the App. Neither the App nor the operator provides financial advisory, investment advisory, legal, regulatory, or tax services directly, indirectly, implicitly, or in any other manner, and you should not consider any content contained in these terms or otherwise posted on the App to be a substitute for professional financial, legal, regulatory, tax or other advice. The operator does not support or endorse any particular prediction market or outcome, and all prediction markets are provided by third-party platforms (KalshiEX LLC and Polymarket).

The Company reserves the right to suspend or terminate access to the App by any user for any reason whatsoever (including without limitation for a breach of these Terms). You agree that the Company will not be liable to you or to any third party for any suspension or termination of any user.

Access to the aggregated platforms' services (KalshiEX LLC or Polymarket) or the App may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with prediction markets, view real-time odds changes, access livestream integrations, or use third-party services for periods of time and may also lead to support response time delays. The Company cannot guarantee that any of the aggregated platforms' services or the App will be available without interruption and neither do we guarantee that requests to interact with prediction markets, real-time data streams, livestream features, or third-party services will be successful.

Non-Custodial and Self-Custodial Wallet

The App provides a self-custodial wallet, which means you maintain complete control over your digital assets at all times. As such, neither the App nor the operator holds, controls, or has access to your digital assets or private keys. Any digital assets held in your self-custodial wallet are administered solely by you; you remain in full control of your digital assets, which are not held or controlled in any way by the operator.

We neither own nor control any blockchain network, the aggregated platforms (KalshiEX LLC or Polymarket), or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the App or participate in prediction markets. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

We will not create any hosted wallet for you or otherwise custody digital assets on your behalf. In particular, your private keys to your digital wallet/address will be encrypted and stored on your mobile device, and you are solely responsible for safekeeping them. Solely for your convenience, you may be able to access these keys to control your digital assets and/or approve transactions on the App via your mobile device's biometric login functionality. We do not represent or warrant that the biometric login functionality will be accessible at all times, or function with all of the services that we may offer from time to time.

Neither the Company nor the App provides any digital asset exchange, custodial services, or portfolio/fund management services. If you choose to engage in prediction market transactions through any of the aggregated platforms (KalshiEX LLC or Polymarket) via the App, then such decisions and transactions and any consequences are your sole responsibility. You are solely responsible for managing your self-custodial wallet and safeguarding your private keys.

Acceptable Use

You may not:

• Break the law using the Services, including any applicable law, rule, or regulation concerning the integrity of trading markets (such as wash trading, spoofing, or any other practice intended to deceive market participants), money laundering, terrorism financing, proliferation financing, or any other illegal financial activity
• Exploit any errors, bugs, vulnerabilities, or unintended features of the Services, any of the aggregated platforms (KalshiEX LLC or Polymarket), or any associated code
• Use or try to use anyone else's account on the Services (or connect with anyone else's wallet) without their specific permission
• Buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Services
• Make publicly available the personal information of other people using the Services
• Send advertisements, chain letters, or other solicitations through the Services, or use the Services to gather addresses for distribution lists
• Falsely imply that you're affiliated with or endorsed by the operator
• Remove any marks showing proprietary ownership from materials you download from the Services
• Disable, avoid, or circumvent any security or access restrictions of the Services (including using VPNs or other methods to conceal your location or misrepresent your residency)
• Strain infrastructure of the Services with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems
• "Screen scrape" or otherwise use any automated means to access the Services or collect any information from the services (except to index the public-facing portions of the Services for a search engine)
• Impersonate others through the Services
• Reverse engineer or "decompile" any of the Services
• Use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines (sometimes referred to as "jail breaking")
• Encourage or help anyone in violation of these terms

If the operator determines that you have broken the law, it will revoke your access. However, the operator is not obliged to inform you of any potential liabilities or violations of law or regulations. You are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

Content Standards

You may not:

• Engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others (including harassing, inappropriate, racially bigoted, and/or abusive content)
• Engage in conduct or submit content to the Services that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others
• Submit content to the Services containing malicious computer code, such as computer viruses or spyware
• Submit content to the Services as a mere placeholder to hold a particular address, username, or other unique identifier
• Use the Services to disclose information from or about others that you don't have the right to disclose

The "Content Standards" in this section extend to any content hosted on any other site or service and "embedded" in or otherwise connected to the Services.

The operator shall have the sole right to determine whether any of the provisions in this "Content Standards" section have been violated.

Enforcement

The operator may investigate and prosecute violations of these terms to the fullest legal extent. The operator may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.

The operator reserves the right to change, redact, and delete content on the Services for any reason. If you believe someone has submitted content to the Services in violation of these terms, contact the operator immediately. See Contact.

The operator may, at any time and in its sole discretion, refuse any transaction, including any purchase, sale, or transfer request submitted via the Services, impose limits, or impose any other conditions or restrictions upon your use of the Services, without prior notice. The operator may also make the Services unavailable at any time, in its sole discretion.

Your Information

You agree to:

• Provide accurate, current and complete information about you if requested by any registration or subscription forms on the Services or otherwise requested by the operator
• Maintain the security of your password and identification
• Maintain and promptly update any information you provide to the operator, to keep it accurate, current and complete
• Promptly notify the operator regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services
• Be fully responsible for all use of your account on the Services and for any actions that take place using your account

Know Your Customer

You acknowledge that the operator and its partners may perform Know Your Customer ("KYC") procedures on the information you provide, as required by internal policies and as required by applicable guidelines or regulations. You consent to such KYC procedures.

You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by the operator.

The operator may in its sole and absolute discretion decline to accept any person's request in anything, at any time, with no requirement for any reason or explanation; you agree that such decline(s), if any, shall not constitute an opinion, recommendation or investment, legal or tax advice by the operator.

Background Checks

The operator may perform background checks on users as required by applicable guidelines or regulations. These background checks will seek to confirm whether a user's name and identity matches the identity of anyone listed on a terrorist or criminal database or watch list or is associated with any foreign government. You consent to such background checks.

With respect to background checks, the data and information contained in our investigations is obtained from numerous regulatory, private, and public sources and is thought to be reliable.

Background check information is shared with our partners as necessary to facilitate the Services.

We and/or our partners may have legal obligations under the USA Patriot Act or other applicable laws designed to detect money laundering or other crimes, including obligations to report suspicious activity. We reserve the right to deny any individual the right to access products that are otherwise available on the Services for any reason, including, without limitation, as a result of information obtained in connection with background checks and whether or not such information is accurate, truthful or complete.

Third Party Service Providers

To provide the Services, the operator may use the following service providers. You authorize us to share your information with these and other service providers as necessary for the provision of the Services. You authorize these service providers and their affiliates and service providers to use, disclose and retain your personal data in connection with these terms and the provision of the Services and as required by law. As a condition of the use of the Services, you agree to each of the agreements listed after each service provider.

KalshiEX LLC

• Terms: kalshi.com/terms
• Privacy Policy: kalshi.com/privacy-policy

KalshiEX LLC is a CFTC-regulated Designated Contract Market (DCM) that provides prediction market services aggregated by the App.

Polymarket

• Terms: polymarket.com/terms
• Privacy Policy: polymarket.com/privacy

Polymarket is a decentralized prediction market platform that provides prediction market services aggregated by the App.

Supabase

• Terms: supabase.com/terms
• Privacy Policy: supabase.com/privacy

Google

• Terms: policies.google.com/terms
• Privacy Policy: policies.google.com/privacy

Your Content

The operator is not obligated to review or edit any user-submitted content on the Services.

Nothing in these terms gives the operator any ownership rights in content or intellectual property that you share with the Services, such as your account information and content you submit to the Services. Nothing in these terms gives you any ownership rights in the operator's content or intellectual property, either. Unless otherwise noted, the operator owns the intellectual property of the Services and all content it has posted.

Between you and the operator, you remain solely responsible for content you submit to the Services. You agree not to wrongly imply that content you submit to the Services is from, sponsored by, or approved by the operator. These terms do not obligate the operator to store, maintain, or provide copies of content you submit.

Content you submit to the Services belongs to you, and you decide how to license it to others. But at a minimum, you license the operator to provide content that you submit to the Services to other users of the Services. That special license allows the operator to copy, publish, and analyze content you submit to the Services.

When content you submit is removed from the Services, whether by you or by the operator, the operator's special license ends when the last copy disappears from the operator's backups, caches, and other systems. Other licenses you give for your content may continue after your content is removed. Those licenses may give others, or the operator itself, the right to share your content through the Services again.

Others who receive content you submit to the Services may violate the terms on which you license your content. You agree that the operator will not be liable to you for those violations or their consequences.

The operator reserves the right to terminate, in its sole discretion, the accounts of any users who repeatedly infringe the intellectual property of others.

Our Content

Unless otherwise stated, the operator and/or its licensors own the intellectual property rights for all material in the Services. Certain images or videos appearing on the Services may belong to third parties, in which case the operator is using such images as a fair and permissible use and/or with the consent of the copyright holder. All intellectual property rights are reserved.

You may view content in the Services for your own personal use subject to restrictions set in these terms and conditions.

You may not:

• Republish, sell, rent, sub-license, reproduce, duplicate, or copy content from the Services (except with regard to your own content, or content to which you hold a suitably permissive license)
• Redistribute content from the services unless such content is specifically designated for redistribution

Nothing in these terms confers any license to any intellectual property rights, except as explicitly stated.

Your Responsibility (Indemnification)

You agree to reimburse the operator for all the costs of legal claims by others related to your breach of these terms, or breach of these terms by others using your account, or arising out of your use of the Services.

Both you and the operator agree to notify the other side of any legal claims you might have to reimburse the operator for as soon as possible. If the operator fails to notify you of a legal claim promptly, you won't have to reimburse the operator for costs that you could have defended against or lessened with prompt notice.

You agree to allow the operator to take over investigation, defense, and settlement of legal claims you would have to reimburse the operator for, and to cooperate with those efforts. The operator agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.

Disclaimers

You accept all risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content "as is," without any warranty whatsoever. The operator expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third-party rights.

You confirm that you accept all risk associated with your personal financial, cryptocurrency, and other digital asset holdings, and transfers. You agree and acknowledge that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services, your participation in prediction markets, loss or compromise of your private keys, or arising from disclosure of your personal wallet keys, even if such loss may be attributed to an error or "bug" in the Services. You are solely responsible for safeguarding your private keys and maintaining control of your self-custodial wallet.

You accept all risks involving:

1. Failures or inaccuracies in third-party services, including the aggregated platforms (KalshiEX LLC and Polymarket)
2. Inaccuracies in real-time data streams, odds tracking, or livestream integrations
3. Code vulnerabilities, including potential hacks or exploits
4. Market risks arising from prediction market participation, including the risk of total loss of amounts wagered
5. The inherent uncertainty of prediction markets, where outcomes may not occur as predicted
6. Potential regulatory or legal issues affecting prediction markets, digital assets, or blockchain transactions

These terms do not impose any fiduciary duties on the Company. The Company owes no fiduciary duties or liabilities to you or any other party based on your use of the Services. To the extent that any such duties or liabilities may exist at law or in equity, you irrevocably waive such duties and liabilities.

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.

At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a smart contract.

You accept all risks associated with the use of the Services to conduct cryptocurrency transactions, including, but not limited to, in connection with the failure of hardware, software, internet connections, and failures related to any supported network.

The Services may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

The website may hyperlink to and integrate websites and services run by others. The operator does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.

You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens "stored" in a wallet to which you have custody, you alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.

You agree that with regard to any cryptographic tokens or other assets stored on resources hosted by the operator, the operator is not liable to you for any loss, failure, or unavailability of any kind, of such tokens or assets, for any reason.

Regardless of anything to the contrary in these terms, nothing in these terms is a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.

The operator and its affiliates do not provide investment advice or a recommendation of securities or investments. You should always obtain independent investment and tax advice from your professional advisers before making any investment decisions.

The information and services provided on the Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the operator is not authorized to provide such information or services. Some products and services described on the Services may not be available in all jurisdictions or to all clients.

You acknowledge that you are not relying on the operator or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The operator does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that the operator and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the Services and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the operator is not responsible for determining whether taxes apply to the exchanges made under the Services.

Digital assets are not legal tender, are not backed by the government, and are not subject to any "Deposit Insurance Scheme" or protections under any banking or securities laws. The operator is not a bank and does not offer any lending services, fiduciary services, or security broking services.

The prices of digital assets are extremely volatile. Fluctuations in the price of digital assets could materially and adversely affect the value of your digital assets held in your self-custodial wallet, which may also be subject to significant price volatility. Prediction markets involve significant risk and uncertainty. We cannot guarantee that any users interacting with the Services, the App, or participating in prediction markets through any of the aggregated platforms (KalshiEX LLC or Polymarket) will not lose money.

Neither the Services nor the App hold in custody, store, send, or receive any of your digital assets. Your digital assets are held in your self-custodial wallet, and you maintain complete control over them at all times. The operator has no access to or control over your digital assets or private keys. Any transfer of digital assets occurs on the relevant blockchain network, and not through the App or operator.

Third-party services, including the aggregated platforms (KalshiEX LLC and Polymarket), may contain security vulnerabilities, errors, failures, bugs or other issues which may be exploited by third parties, causing you to suffer losses in connection with your use of such services via the App. Your use of any of the aggregated platforms and participation in prediction markets are entirely at your own responsibility and liability, and the operator is not a party to any transactions or agreements between you and any of the aggregated platforms.

Hackers or other malicious groups or organizations may attempt to interfere with the Services, the App, or any of the aggregated platforms (KalshiEX LLC or Polymarket) in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, phishing attacks, and other cyberattacks. There is a risk that the software or infrastructure underlying the Services, the App, or any of the aggregated platforms may contain intentional or unintentional bugs or weaknesses that may negatively affect the Services, including real-time data streams and livestream integrations, or result in the loss of your digital assets, or the loss of your ability to access or control your digital assets. Additionally, if you lose your private keys or they are compromised, you may permanently lose access to your self-custodial wallet and all assets held therein. In the event of such a software bug, weakness, or loss of private keys, there may be no remedy, and users are not guaranteed any remedy, refund or compensation.

The regulatory status of digital assets, prediction markets, and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Services, the App, or prediction markets. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting digital assets, prediction markets, and their applications, including the Services and the App. Regulatory actions could negatively impact the operator, any of the aggregated platforms (KalshiEX LLC or Polymarket), or users in various ways, and thus the Services may not be available in certain areas.

The Services and the App may rely on or use a variety of external third party services or software, including without limitation the aggregated platforms (KalshiEX LLC and Polymarket), real-time data providers, livestream services, cloud storage services, analytics tools, and other infrastructure services. Therefore the Services may be adversely affected by any number of risks related to these third party services/software, which may be compromised in the event of security vulnerabilities, cyberattacks, malicious activity, or technical interruptions.

A conflict of interest may arise when the interest of the operator competes or may appear to compete with your interests under these terms. You acknowledge and confirm that:

1. The operator may participate in prediction markets in an individual capacity
2. The operator may have business relationships with the aggregated platforms (KalshiEX LLC and Polymarket) and other service providers
3. The operator may establish business relationships with other ecosystem players, financial institutions, digital asset owners, and we may have a financial interest in such relationships
4. The operator may compensate or share its revenues from activities in connection with the App and Services with any of the aggregated platforms, the operator's affiliates, partners or other similar parties

The App may use third-party service providers to facilitate certain functionalities. You agree that the operator is not responsible for any error or loss resulting from your use of any third-party functionality in the Services, including but not limited to real-time data streams, livestream integrations, or interactions with the aggregated platforms.

Limits on Liability

As far as the law allows, neither you nor the operator will be liable to the other for any:

1. Financial losses
2. Loss of use, data, business or profits
3. Indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service

Both you and the operator acknowledge that the limitations of liability in this section are material provisions of these Terms of Service, and that absent those limitations of liability, one or both of the parties would have declined to enter into the Terms of Service on the economic and other terms stated in it.

To the extent not expressly prohibited by law, both you and the operator knowingly, voluntarily, intentionally, permanently, and irrevocably:

• AGREE that the rights and obligations of both you and the operator that arise out of or relate to the Services, or any transaction or relationship resulting from the Services or these Terms of Service, are to be defined solely under the law of contract in accordance with the express provisions of these Terms of Service; and
• WAIVE any such obligations allegedly owed by you or the operator that are not expressly stated in these Terms of Service, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.

You and the operator specifically agree that each limitation of liability in this section is to apply:

• To both you and the operator, and to the affiliates, agents, and associated individuals of both you and the operator
• To all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise
• Regardless whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise
• Even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any
• Even if one or more limited remedies fail of their respective essential purposes

Liability Cap: The cumulative total liability of both you and the operator, for any and all breaches of these Terms of Service, is not to exceed one thousand US Dollars ($1,000.00 USD) OR the amount paid by you to the operator as fees for the use of the Services, whichever is smaller.

Both you and the operator expressly agree not to seek damages in excess of any applicable limitation of liability stated in these Terms of Service.

Both you and the operator acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.

Termination

Either you or the operator may end this agreement at any time. When this agreement ends, your permission to use the Services also ends.

If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of the Services.

Any provisions of this agreement that by their nature should survive the termination of this agreement will survive the termination of this agreement.

Disputes

The law of Delaware will govern these terms and all legal proceedings related to these terms or your use of the Services.

We both agree that all disputes related to the Services under these terms, including whether such disputes are arbitrable, will be heard by arbitration. The arbitration will be in English, heard by one arbitrator, and conducted by JAMS.

The arbitration will be conducted under JAMS' Comprehensive Arbitration Rules & Procedures, and in accordance with the Expedited Procedures in those rules, except as modified by these terms. The JAMS rules are available at https://www.jamsadr.com/.

The arbitrator's judgment will be final and enforceable in any court of competent jurisdiction.

The seat of the arbitration will be Delaware, but the arbitration will be conducted remotely to the extent permitted by the arbitration rules in effect.

We both agree to maintain the confidential nature of any arbitration proceeding and any award, except as may be necessary to prepare for or conduct any arbitration hearing.

As a limited exception to the requirement for arbitration, both sides retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

If, for any reason, a dispute is heard in a court of law, both sides agree to bring any proceedings related to this agreement (other than the enforcement of a judgment) only in courts of competent jurisdiction in Delaware.

Neither you nor the operator will object to jurisdiction, forum, or venue in those courts.

Both sides waive their rights to trial by jury, and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.

General Terms

If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.

You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Services. Any attempt to assign against these terms has no legal effect.

Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.

These terms, plus the terms on any Services incorporating them by reference, are all the terms of agreement between you and the operator about use of the Services. This agreement entirely replaces any other agreements about your use of the Services, written or not.

Contact

You may notify the operator under these terms, and send questions to the operator, at daniel@averagetechlab.com

The operator may notify you under these terms using the e-mail address you provide for your account on the Services, or by posting a message to the homepage of the Services or your account page.

Changes

The operator may update the terms of service for the Services. The operator will post all updates to the Services. The operator may also announce updates with special messages or alerts on the Services.

Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the Services.