Terms of use
Introdiction
Predicta is an information markets platform. Predicta is not a financial institution and does not provide financial or investment advice of any kind.
By using or accessing any part of the Predicta website, mobile app, API, or other Predicta service (the Platform), and by registering an account, you agree to these Terms and Conditions, our Privacy Policy, our AML Policy, and any additional policies, rules or guidelines posted on the Platform (collectively, the Terms). Please read the Terms carefully; if you do not agree with them and/or cannot accept them, do not use, visit or access the Platform.
"Games" and “Markets” shall refer interchangeably to the prediction markets that Predicta makes available on its platform. These Markets are structured in the form of a question with a finite number of possible outcomes, where users can trade shares in such outcomes and be rewarded for accurate predictions.
"Predictions”, "Bets”, or "Wagers" are used interchangeably in this document to describe the various types of activities that you, as a user, may engage in on the Platform within our Games.
All activities on Predicta, encompassing both real money and play money transactions, are intended solely for entertainment purposes.
These Terms of Use provide the terms and conditions under which you, whether personally or on behalf of an entity (“you” or “your”), are permitted to use, interact with or otherwise access the Interfaces or Features provided by Predicta (“the Company,” 'we,” “us,” or “our”). These Terms of Use, together with any documents and additional terms or policies that are appended hereto or that expressly incorporate these Terms of Use by reference as well as our Privacy Policy (collectively, the “Terms”), constitute a binding agreement between you and us.
IMPORTANT NOTICES:
THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING”. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
1. CHANGES TO TERMS AND CONDITIONS AND RELATED POLICIES
1.1. We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by updating the “Last Updated” date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Platform after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Platform.
2. USE OF SERVICES
2.1. User Representations and Warranties
As a condition to accessing or using the Platform, you represent and warrant the following:
2.1.1. If you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them and if you are entering into 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;
2.1.2. You are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons”) and you do not intend to transact with any Restricted Person or Sanctions List Person;
2.1.3. You are prohibited from using VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
2.1.4. You represent and warrant to us that you have obtained all required consents from any individual whose personal information you transfer to us in connection with your use of the Platform.
2.2. Limitations
2.2.1. From time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that the Platform or any of its suppliers or contractors may undertake from time to time; (c) causes beyond the Company’s control or that the Platform could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
2.2.2. We reserve the right to disable or modify access to the Platform at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Services and/or Sponsored Contracts, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any reason;
2.2.3. The Platform may evolve, which means the Platform may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
2.2.4. The pricing information provided on the Platform does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Platform;
2.2.5. The Platform does not act as an agent for you or any other user of the Platform;
2.2.6. You are solely responsible for your use of the Platform, including all of your transfers of Digital Assets and the custody and control of your Digital Assets;
2.2.7. To the fullest extent not prohibited by Applicable Laws, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
2.2.8. You are solely responsible for reporting and paying any taxes applicable to your use of the Platform;
2.2.9. We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the Platform, then you bear the entire risk.
2.3. Certifications
2.3.1. In connection with using the Platform, you may transfer only legally-obtained Digital Assets that belong to you;
2.3.2. You will comply with all Applicable Laws in connection with using the Platform, and you will not use the Platform if the laws of your country, or any other Applicable Law, prohibit you from doing so;
2.3.3. Any Digital Assets you use in connection with the Platform are either owned by you or you are validly authorized to carry out actions using such Digital Assets;
2.3.4. In addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will ensure that, (a) at all times, all information that you provide on the Platform and during your use of the Platform is current, complete and accurate; (b) maintain the security and confidentiality of your private keys associated with your public Wallet address, passwords, API keys, private keys associated with your Platform account and other related credentials.
2.4. Deposits
2.4.1. In order to place bets and play for real money you may deposit money into your Account. You can deposit at any time online by using your debit or credit card, e-wallet, via a bank transfer or via all available deposit methods. Cash or cheques are not an accepted method of deposit. Please note that some of the methods may not be available in some countries;
2.4.2. We accept payments in various currencies. Any payment received by Predicta in a currency other than the currency of your Account will be converted into the currency of your Account, at the prevailing exchange rate. Please note that any exchange premiums are payable by you;
2.4.3. Some deposits require the following information to be submitted: first name, second name, date of birth, country of usual residence, and full address. Cumulative Deposits above a certain threshold (as defined by us, in compliance with industry best practices) incur further KYC documents to be submitted. Certain additional requirements based on payment channels may apply;
2.4.4. Predicta reserves the right to use additional procedures and means to verify your identity (KYC) when making deposits into an Account and to close an Account if you fail to send these documents to Predicta;
2.4.5. By depositing you confirm that all deposits are authorized and you won’t try to decline them or take any action which will cause such payment to be reversed by the third party, in order to avoid any legitimate liability;
2.4.6. In order to prevent money laundering, a deposit must be wagered at least once before a withdrawal can be made. Please note that if wagering requirements are in place, the wagering requirement needs to be respected before a withdrawal is requested;
2.4.7. Predicta doesn’t allow making 3rd party deposits (by a friend, relative, partner, wife or husband). All payments have to be made from an Account/system or credit card that is registered on the Account holder. If the 3rd party deposits are noticed all winnings will be forfeited and the deposit will be returned to the rightful owner of an Account/credit card. If banking transfer requires a charge while returning money back to the rightful owner it will be paid by a receiver;
2.4.8. When the outcome of a Market you participate in is determined or, where applicable, Predicta has confirmed the relevant result of an event and settled the Market; all winnings will be credited to your Account in the currency in which the Bet was made;
2.4.9. If Predicta mistakenly credits your Account with winnings that do not belong to you, whether due to a technical or human error or otherwise, the amount will remain property of Predicta and the amount will be deducted from your Account. If prior to Predicta becoming aware of the error you have withdrawn funds that do not belong to you, without prejudice to other remedies and actions that may be available at law, the mistakenly paid amount will constitute a debt owed by you to Predicta. In the event of an incorrect crediting, you are obliged to notify Predicta immediately;
2.4.10. Predicta will carry out additional verification and identification procedures for any withdrawal or reserves the right to carry such verification procedures at any level of withdrawals. All transactions will be checked to prevent money laundering.
2.5. Withdrawals
2.5.1. A withdrawal request will not be processed until all wagering requirements have been met;
2.5.2. A user cannot withdraw funds in excess of his/her Account balance;
2.5.3. All withdrawal requests are processed within four (4) banking days, but there are cases where these timing can be longer, depending on payment channels, additional account checks and public holidays;
2.5.4. Predicta has the right to refuse withdrawal if the total bet amount is less than the amount of the last deposit. You have to turn over the initial deposit at least one time before being able to withdraw;
2.5.5. Predicta reserves the right to change the maximum allowed sum for each payment system per one transaction at any time and without prior notification;
2.5.6. It will not be possible to withdraw funds marked as “Bonus”, as well as funds stuck in an aborted game;
2.5.7. Withdrawals will be made to your USDT TRC20 wallet or other withdrawal methods available to you in “Withdraw”;
2.5.8. When a withdrawal is canceled, the funds are returned back to your Account and you can make use of those funds accordingly on the Account. Predicta does not assume any responsibility for any funds lost during gameplay following a withdrawal cancellation either by you or by us;
2.5.9. Please be advised that our products are consumed instantly during gameplay. Thus, we cannot provide refunds, returns of monies, or cancellation of the requested platform when playing. If you play a Game with real money, the money will be drawn from your Account instantly;
2.5.10. You may only withdraw the maximum amount of USD 10,000 in any 24 hour and maximum amount of USD 50,000 in a 30 days period unless a larger amount has been agreed by us;
2.5.11. Prior to accepting a withdrawal we may request that you provide legal identification for example certified copies of passports, ID cards or other such documentation as we feel is required in the circumstances. We may also carry out phone verification, face verification or other such verification as is required to ensure that you are who you say you are;
2.5.12. You can only have one pending withdrawal (ie. requested but not processed) at any one time. Furthermore, depending on the method used, you can make only one withdrawal request per 24 hours period;
2.5.13. If you win more than USD 50,000, Predicta reserves the right to divide the payout into monthly installments of maximum USD 50,000 until the full amount is paid out;
2.5.14. The maximum daily winning amount for one Customer cannot exceed USD 100,000. The “day” means the time between 00:00 GMT and 23:59 GMT.
2.6. The Platform and Materials are Provided "As Is"
2.6.1. The Platform and content or materials provided via the Platform are provided “as is” without any representation, warranty or guaranty of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose or title, all of which are expressly disclaimed. We do not represent or warrant that the platform, our platforms or any materials will meet your requirements or that their use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the platform, our platforms and the materials is with you;
2.6.2. The Platform is not a stock exchange, and there are no controls on market manipulation or trading on the basis of "inside information". You confirm that you fully understand the risks that this entails, or, if you do not understand these risks, you agree to obtain appropriate independent advice before using the Platform. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
3. FEES AND PRICE ESTIMATES
3.1. In connection with your use of the Platform, you are required to pay all fees, transaction costs (e.g., gas fees), as well as all other fees reflected on the Platform at the time of your use of Platform. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use Platform and interact with a blockchain. Predicta assumes no responsibility for paying any income taxes, banking commissions or currency fees on behalf of User. By participating in the Platform, User assumes complete and sole responsibility for any taxes, banking commissions or currency fees owed as a consequence thereof.
4. NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES
4.1. Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and us.
4.2. All information provided in connection with your access and use of the Platform is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Platform or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, social media content, and videos. Before you make any financial, legal, or other decisions involving the Platform, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
5. PROHIBITED ACTIVITY
5.1. Violate any Applicable Laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs;
5.2. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Law, including but not limited to, sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of the Company’s intellectual property, name, or logo, including use of trade or service marks, without express consent from the Company or in a manner that otherwise harm the Company; any action that implies an untrue endorsement by or affiliation with the Company;
5.3. Use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner;
5.4. Engage in activity that violates any Applicable Law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
5.5. Circumvent any content-filtering techniques, security measures or access controls that the Company employs on the Site, including, without limitation, through the use of a VPN;
5.6. Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Platform;
5.7. Provide false, inaccurate, or misleading information while using the Site or the Services or engage in activity that operates to defraud the Company, other users of the Services, or any other person;
5.8. Use or access the Platform to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
5.9. Use the Platform in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
5.10. Use the Platform from a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Platform is prohibited;
5.11. Harass, abuse, or harm of another person or entity, including the Company’s employees and service providers; impersonate another user of the Platform or otherwise misrepresent yourself;
5.12. Engage in activity that violates any Applicable Law.
5.13. Encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 5 or any other provision of these Terms.
If you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them and if you are entering into 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:
6. PROPRIETARY RIGHTS
6.1. Any of product or service names, logos, and other marks used on the Platform including name and logo are trademarks owned by the Company, its affiliates, or its applicable licensors. You may not copy, imitate, or use them without the prior written consent of the Company or the applicable licensors, and these Terms do not grant you any rights in those trademarks. You may not remove, obscure, or alter any legal notices displayed in or along with the Services.
6.2. The Services are non-custodial.
7. LINKS
7.1. The Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that the Platform is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
8. MODIFICATION, SUSPENSION, AND TERMINATION
8.1. We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Platform, in whole or in part, for any reason whatsoever, including, without limitation, to only allow open Contracts to be closed. Upon termination of your access, your right to use the Platform will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to any Services or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Platform.
9. ASSUMPTION OF RISKS
9.1. Although we intend to provide accurate and timely information on the Platform and during your use of it, the Platform and other information available when using it may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Platform or otherwise when using it. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.
9.2. Any use or interaction with the Platform requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Asset on the Platform or otherwise during the use does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.
9.3. Use of the Platform, in particular for Digital Assets transactions and entering into Contracts, may carry financial risk. Digital Assets and Contracts are highly experimental, risky, and volatile. Transactions entered into in connection with the Services are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in transacting in Digital Assets using Contracts can be substantial. You should, therefore, carefully consider whether such transactions are suitable for you in light of your circumstances and financial resources. By using the Platform, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given DLC transaction. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Platform. You accept all consequences of using the Platform, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Platform.
9.4. We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests.
9.5. You understand that the Platform remains under development, which creates technological, transaction related, and other risks when using it. These risks include, among others, delays in trades, withdrawals, and deposits resulting from the servers of the operator of the Platform being offline; an incorrect display of information on the Platform in the case of server errors; or transactions using the Platform being rolled back in the case of server errors. You acknowledge that these risks may have a material impact on your transactions using it, which may result in, among other things, failing to fulfill transactions at your desired price or at all.
9.6. THE PLATFORM WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN NETWORK UNDERLYING THE SERVICES.
9.7. You hereby assume, and agree that the Platform will have no responsibility or liability for, the risks set forth in this Section 10. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Platform, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section 9.
10. INDEMNIFICATION
10.1. You will defend, indemnify, and hold harmless the Platform, any of their affiliates, and its and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Platform; (b) Digital Assets associated with your Digital Asset wallet address; (c) any feedback you provide to the Platform, if any, concerning the Platform; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, the Platform (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Platform wishes to settle, and if so, on what terms, and you agree to corporate with the Platform in the defense.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE PLATFORM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PLATFORM AND YOU.