PollyPolly

Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using the Polly mobile application ("App") or website ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Polly ("we," "us," or "our").

2. Description of Service

Polly is a mobile application that provides alerts and notifications about trading activity on prediction markets, including but not limited to Polymarket and Kalshi. The Service includes features for:

  • Tracking large trades ("whale alerts") on prediction markets
  • Browsing and searching prediction market data
  • Receiving push notifications about market activity
  • Executing trades through integrated third-party platforms
  • Managing a digital wallet for cryptocurrency transactions

3. Eligibility and Age Restrictions

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use this Service. By using Polly, you represent and warrant that:

  • You are at least 18 years of age
  • You are legally permitted to engage in prediction market trading in your jurisdiction
  • You are not located in a jurisdiction where prediction market trading is prohibited
  • You have the legal capacity to enter into these Terms
  • You are not a politically exposed person (PEP) or on any sanctions list

IMPORTANT: Prediction markets may not be available in all jurisdictions. You are solely responsible for ensuring your use of the Service complies with all applicable laws and regulations in your jurisdiction.

4. User Accounts and Security

To access certain features, you must create an account through our authentication provider, Privy. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Ensuring your account information is accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

5. Digital Wallet and Cryptocurrency

The Service integrates with Privy to provide embedded digital wallet functionality. By using wallet features, you acknowledge and agree that:

  • You are solely responsible for managing your wallet and securing any recovery phrases or private keys
  • Lost or stolen credentials cannot be recovered by us
  • Cryptocurrency transactions are irreversible once confirmed on the blockchain
  • Wallet balances and transaction history are stored on public blockchain networks
  • We do not custody your funds; your wallet is self-custodial
  • Network fees (gas fees) may apply to blockchain transactions

6. Fiat On-Ramp Services

The Service integrates with MoonPay to allow you to purchase cryptocurrency using fiat currency (credit card, bank transfer, etc.). When using MoonPay:

  • You are subject to MoonPay's terms of service and privacy policy
  • MoonPay may require identity verification (KYC) to comply with regulations
  • MoonPay sets its own fees, exchange rates, and transaction limits
  • We are not responsible for MoonPay's services, availability, or any transaction issues
  • Purchases may be subject to holds, delays, or cancellation by MoonPay

7. Third-Party Prediction Markets

The Service provides access to data and trading functionality from third-party prediction market platforms, including Polymarket and Kalshi. You acknowledge that:

  • Each platform has its own terms of service, which you must accept to trade
  • Polymarket operates on blockchain technology and may have different regulatory status than traditional exchanges
  • Kalshi is a CFTC-regulated designated contract market (DCM) in the United States
  • Market availability, rules, and fees vary by platform
  • We are not responsible for the operation, availability, or accuracy of these platforms
  • Platform-specific restrictions may apply based on your location

8. Risk Disclosure

TRADING ON PREDICTION MARKETS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INVESTORS. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING IS APPROPRIATE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.

By using the Service, you acknowledge that:

  • You may lose some or all of your invested capital
  • Past performance is not indicative of future results
  • Prediction market prices are volatile and can change rapidly
  • "Whale alerts" and market data are informational only and not investment advice
  • We do not guarantee the accuracy, completeness, or timeliness of any market data
  • You are solely responsible for your trading decisions and their consequences
  • Cryptocurrency values can fluctuate significantly

9. Fees

Polly charges a transaction fee on trades executed through the Service. By using trading features, you agree to pay the applicable fees as displayed in the App before confirming any transaction. Fee structure:

  • Transaction fees are clearly disclosed before you confirm any trade
  • Fees are non-refundable once a transaction is executed
  • We reserve the right to modify fees with reasonable notice
  • Additional fees may be charged by third-party platforms and blockchain networks

10. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any regulations
  • Attempt to manipulate markets, prices, or engage in fraudulent activity
  • Use the Service if you are in a prohibited jurisdiction
  • Provide false or misleading information
  • Interfere with or disrupt the Service or its servers
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated systems, bots, or scripts without express permission
  • Circumvent any security measures or access restrictions
  • Impersonate any person or entity
  • Use the Service for money laundering or terrorist financing
  • Violate the terms of any integrated third-party service

11. Intellectual Property

All content, features, and functionality of the Service—including but not limited to text, graphics, logos, icons, images, software, and the overall design—are owned by Polly or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our prior written consent.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, timely, secure, or error-free
  • Market data, alerts, or notifications will be accurate or complete
  • Any errors or defects will be corrected
  • The Service will meet your specific requirements
  • Third-party integrations will be available or function as expected

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or anticipated savings
  • Loss of data or unauthorized access to your data
  • Trading losses or missed trading opportunities
  • Losses due to system outages, delays, or errors
  • Losses resulting from third-party service failures
  • Losses due to unauthorized account access
  • Any other intangible losses

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless Polly and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights
  • Any content you submit or transmit through the Service

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms in the App, updating the "Last Updated" date, and/or sending a notification. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

  • Violation of these Terms
  • Suspected fraudulent, abusive, or illegal activity
  • Request by law enforcement or government agency
  • Extended periods of inactivity
  • Technical or security issues

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language and held in Delaware, USA, or conducted remotely at the arbitrator's discretion.

Class Action Waiver: You agree to resolve disputes with us on an individual basis only, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

19. Apple App Store Terms

If you access the Service through the Apple App Store, you acknowledge and agree that:

  • These Terms are between you and Polly only, not Apple Inc.
  • Apple has no obligation to provide maintenance or support for the App
  • Apple is not responsible for any product warranties, claims, losses, or liabilities
  • Apple is not responsible for addressing any claims relating to the App
  • Apple is a third-party beneficiary of these Terms and may enforce them against you
  • You must comply with any applicable third-party terms when using the App
  • You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government prohibited or restricted party list

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Polly regarding the Service and supersede all prior agreements and understandings.

22. No Financial Advice

Nothing in the Service constitutes financial, investment, legal, or tax advice. The information provided is for informational purposes only. You should consult with qualified professionals before making any financial decisions. We are not registered as a broker-dealer, investment adviser, or in any similar capacity.