Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS ("TERMS") CAREFULLY AND IN ITS ENTIRETY PRIOR TO YOUR USE OF POLKAMARKET´s SERVICES OR PRODUCTS (“Services”). These Terms constitutes a legally binding agreement between You and POLKAMARKET OÜ, a company incorporated under the laws of Estonia (referred to herein as "POLKAMARKET", “Polkamarkets Labs”, "Us", "We", “Our”) with head offices at Harju Maakond, Tallinn, Kristiine Linnaosa, Keemia tn 4, 10616, which owns and operates the website https://polkamarkets.com or https://app.polkamarkets.com (“Website” and “Polkamarkets Web App”). BY USING THE WEBSITE AND THE POLKAMARKETS WEB APP, YOU CERTIFY THAT YOU HAVE READ, UNDERSTOOD AND REVIEWED THESE TERMS AND THAT YOU AGREE TO COMPLY WITH ITS TERMS. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS, YOU ARE ADVISED TO LEAVE THE WEBSITE. WE ONLY GRANT USE AND ACCESS OF THIS WEBSITE, THE POLKAMARKETS WEB APP, ITS PRODUCTS AND SERVICES TO THOSE WHO HAVE ACCEPTED ITS TERMS.

A. WHAT WE DO

Polkamarkets Labs is a software development company, building a decentralised and autonomous oracle and a peer-to-peer protocol for prediction markets that can be deployed on different blockchains.

‍B. ELIGIBILITY, ACCEPTABLE USE AND REPRESENTATIONS & WARRANTIES

You should only use the Services if:

i) You are 18 years old or older;
ii) You are not considered a minor or under the age of majority adulthood in your specific jurisdiction;
iii) You are not accessing or using the Service from any jurisdiction in which it is illegal to do so.

By accepting these Terms, You further represent, warrant and undertake to Us, that

i) You: are not an individual / a person who is a citizen, domiciled in, resident of, or physically present / located in an Excluded Jurisdiction;
ii) are not a corporate body which is incorporated in, or operates out of, an Excluded Jurisdiction, or which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction; and/or
iii) are not an individual or corporate body which is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable to such individual or body corporate from participating in any part of the transactions contemplated in these Terms (collectively, “Excluded Persons”);
iv) use the Services, the Website or the Polkamarkets Web App at your sole risk and discretion;
v) You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the services, the Website or the Polkamarkets Web App;
vi) the sole responsible for any applicable taxes that may be payable on your own jurisdiction or others through the use of the Services, the Website or the Polkamarkets Web App;
vii) will not carry out any activity that: (i) involves proceeds from any illegal or unlawful activity (including activities relating to cryptocurrency tumblers, darknet markets, money laundering or terrorism financing); (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could violate, any applicable law;
viii) are aware of the risks in using the Services, the Website or the Polkamarkets Web App and/or the $POLK token provided by Us and have the necessary experience and knowledge to understand the risks involved in relation to the Services, the Website or the Polkamarkets Web App provided by Us and the use of the $POLK token. These risks include the high volatility risk of $POLK token, and that you may lose all of the funds in your digital wallet if the market moves against You and you will not be involved or initiate any form of market manipulation;
ix) You are the sole responsible (i) to determine whether Your use of the services, the Website or of the Polkamarkets Web App have any tax or other legal or regulatory implications for You and (ii) to comply with all applicable rules and pay for any taxes due in relevant jurisdictions.

Under these Terms, Excluded Jurisdictions are:

1) Bahamas;
2) Botswana;
3) British Virgin Islands;
4) Cambodia;
5) Cameroon;
6) Cayman Islands;
7) Democratic People’s Republic of Korea;
8) Democratic Republic of the Congo;
9) Eritrea;
10) Ghana;
11) Iceland;
12) Iran;
13) Libya;
14) Mongolia;
15) Pakistan;
16) Panama;
17) Republic of China;
18) Singapore;
19) Somalia;
20) South Sudan;
21) Sudan;
22) Syria;
23) Trinidad and Tobago;
24) United States of America;
26) Zimbabwe;
27) Any jurisdiction in which the $POLK Token sale or our Services, the Website or the Polkamarkets Web App are prohibited, restricted or unauthorised in any form or manner whether in full or in part under the Laws, regulatory requirements, or rules in such Jurisdiction.

We may implement controls to restrict access to the Services, the Website or the Polkamarkets Web App from any Excluded Jurisdiction pursuant to these Terms or to any other Jurisdictions, at our own discretion, but You agree to comply with these Terms even if Our methods to prevent use of the Services, the Website or the Polkamarkets Web App are not effective or can be bypassed.

‍C. LICENSE

We grant You a non-exclusive, personal, non-transferable right to use the Services on your personal computer or other device with access to the internet to access and use the Services described on the Website, subject to these Terms. We and our licensors are the sole holders of all rights in and to the Services and code, technology, organization and structure, architecture, including copyright, trade secrets, intellectual property and other rights. You may not:

i) copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Website or the Services; or
ii) use the Services that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an "Unauthorized Use").

We reserve all rights implied or otherwise, which are not expressly granted to You hereunder and retain all rights, title, and interest in and to the Services. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Us immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Us with reasonable assistance with any investigations it conducts considering the information provided by You in this respect.

‍D. WEBSITE DOMAIN AND TRADEMARKS

The terms "POLK", “Polkamarkets”, “$POLK”, its domain names and any other trademarks, or service marks used by Us as part of the Services, are exclusively owned by Us (“Trademarks”). All content on the Website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Website Content") belongs to Us and is protected by copyright and/or other intellectual property or other rights. By using the Services, you do not obtain any rights on the Website or the Website Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Website or the Website Contents and/or the Trademarks without our prior written consent.

‍E. USER CONTENT & THIRD PARTY WEBSITES, NETWORKS AND PLATFORMS

Our Website may link to other websites, applications, networks, services or resources (“Third-Party Service”) that are subject to different terms and privacy practices and are not maintained by or related to Us. You represent and warrant that you have read and agree to be bound by all applicable terms and conditions, and privacy policies for any Third-Party Service. Links to such websites are provided as a service to You and are not sponsored by or affiliated with our Website or Us. We may not review any or all such websites and We are not responsible for the content therein. Links are to be accessed at your own risk, and We make no representations or warranties about the content, completeness or accuracy of any Third-Party Service linked to or from our Website. You expressly hold Us harmless from any and all liability related to your use of the Third-Party Service. When we provide any links, we do it as a convenience, and the inclusion of any link to a Third-Party Services does not imply endorsement by Us of that site or any association with its operators. We do not provide any crypto asset services, nor place, hold custody, administrate, trade, exchange, facilitate or manage funds, crypto assets, or cryptocurrency wallets for You or on Your behalf or of any Third-Party. Polkamarkets Web App relies on underlying protocols that are open-source software, and anyone can use, copy, modify, and distribute them. By using our Website, you acknowledge, agree and accept (i) that we are not responsible for the operation of the underlying protocols and that we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols can be subject to sudden changes in operating rules.

In order to use Polkamarkets Web App, you are required to connect your wallet through MetaMask and to decide whether to create your prediction market on Moonbeam Network,Moonriver Network or Polygon Network. MetaMask is a product owned and developed by ConsenSys Software Inc., Moonbeam Network and Moonriver Network are open-source protocols developed by Moonbeam Foundation LTD, and Polygon Network is an open-source protocol initially developed by Polygon Labs UI (Cayman) Ltd.. Please make sure you have read a nd agree to be bound by all their terms and conditions and privacy policies. Polkamarkets Web App also interoperates with the application programming interface (API) and web widget provided by Light Technology Limited (Transak). The use of Transak services by You depends on the continuing availability of the API. If Transak ceases to make the API available on reasonable terms to Us, We may cease making available such features without entitling You to any refund, credit, or other compensation whatsoever.

You may also join different networks and platforms where We have a digital presence, such as Telegram, Twitter, Discord and LinkedIn. By interacting with such networks and platforms You grant Us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. You may be allowed to create, post, store and share content, including messages, text, photos, videos, software, and other materials (collectively, “User Content”).

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

‍F. INFORMATION ABOUT US AND OUR SERVICES & PRODUCTS

We have an active digital presence in different digital platforms and websites, such as Telegram, Twitter, LinkedIn and Polkamarket Blog, among others. We like to keep you informed about our Products and Services, new developments, new ideas and be close to our community. We do not guarantee that the information made available in all different digital platforms and websites is updated at all times, but we are committed to have the Polkamarket Blog as updated as possible.

If You have questions about our Products, Services or any other queries related to the content We share online, send us an email to: team@polkamarkets.com

‍G. MODIFICATION OF THESE TERMS

We may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. You should therefore refer to and read these Terms from time to time. Any amended Terms will become effective no earlier than 14 days after they are posted and prospective use of the Services after such changes become effective, except those changes addressing new functions of the Services or changes made to comply with any legal requirement will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes from time to time. If you do not agree to any amended Terms, you must discontinue using the Services and the Website.

‍H. THE $POLK TOKEN

$POLK is a utility token that grants access to some of the Services, as described in the relevant documentation. $POLK is not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme, capital markets product, or any other form of regulated product or investment in any jurisdiction. These Terms or any other document available with information about $POLK on the Website do not constitute a prospectus or an offer document of any sort and is not intended to constitute an offer of securities (“$POLK”). $POLK shall only be acquired and used with the purpose of using the Services, including Polkamarkets Labs products as well as Polkamarkets protocols smart contracts - therefore to access its services, such as accessing the platform, LPs or managing disputes in the Polkamarkets Protocol or Polkamarkets Web App. No $POLK should be construed, interpreted, classified, or treated as enabling, or according to any opportunity to You to participate in or receive profits, income, or other payments or returns arising from or in connection with the vendor, the project, the tokens, or the proceeds of the token sale, or to receive sums paid out of such profits, income, or other payments or returns.

‍I. INDEMNIFICATION

You agree to indemnify and hold harmless each member of Polkamarkets Labs and their respective directors, officers, employees, agents, contractors and licensors (together, the “Associated Parties”) immediately upon demand from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with, directly or indirectly, your or your authorised representatives: a) use of, or conduct in connection with, the Services; b) breach of these Terms or any other of Our policies; or c) violation of any Applicable Law or the rights of any other person or entity.

‍J. ABSENCE OF WAIVER

Any failure or delay by Us to enforce any of the Terms or exercise any right under the Terms will not be construed as a waiver to any extent of Our rights.

‍K. GOVERNING LAW, JURISDICTION & SURVIVAL

These Terms shall be governed by and construed in accordance with the laws of Estonia and all disputes arising out of or in connection with these Terms or the $POLK are subject to the exclusive jurisdiction of the Courts of Estonia. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by Us of such provision to provide for enforcement of the provision’s intent, to the extent permitted by the Applicable Law.

L. CONTACT US

If you have any questions, comments, or concerns regarding these Terms and/or services, products or practices, please contact us at team@polkamarkets.com