Terms of Use
Version 1.1.0 · revised 2026-09-02 · keccak256 0x7567cb236c2f1e2670b07d6500874189ea2ce94bc7ad67baba481a7a9d96d5ac
SuperStrat Terms of Use
Version 1.1.0 Date of last revision: 2026-09-02 Effective from: publication on the Interface
These Terms of Use (the "Terms") govern access to and use of the SuperStrat platform available at superstrat.io and its subdomains (the "Interface"), operated by SuperStrat, a company in formation, to be incorporated under the laws of the British Virgin Islands (the "Operator", "we", "us"). Until incorporation is complete, these Terms are entered into on behalf of the company in formation by its founders, and the company will adopt these Terms and every acceptance recorded under them upon its incorporation. The Operator's legal name, registered address and company number will be published on the Interface upon incorporation and added to these Terms by amendment under Section 18.
PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THE ACCEPTANCE MESSAGE PRESENTED BY THE INTERFACE WITH YOUR WALLET, OR BY CLICKING A BUTTON OR TICKING A BOX INDICATING ACCEPTANCE, YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH THE OPERATOR. IF YOU DO NOT AGREE, DO NOT USE THE INTERFACE.
THE PROTOCOL INVOLVES A HIGH RISK OF TOTAL LOSS OF FUNDS. NOTHING ON THE INTERFACE IS INVESTMENT ADVICE. DEPOSIT ONLY WHAT YOU CAN AFFORD TO LOSE.
VAULTS GAIN EXPOSURE TO PREDICTION MARKETS. IN A LARGE NUMBER OF COUNTRIES, INCLUDING MOST OF THE EUROPEAN UNION, PREDICTION MARKETS ARE TREATED BY THE COMPETENT AUTHORITIES AS UNLICENSED GAMBLING. SEE SECTION 4.7 AND THE RESTRICTED JURISDICTIONS POLICY BEFORE PROCEEDING.
1. Definitions and Interpretation
1.1. In these Terms:
- "Affiliates" means, collectively: (i) the Operator's directors, officers, employees, contractors, agents and representatives, including its founders acting on behalf of the company in formation; (ii) the Operator's shareholders and subsidiaries; and (iii) the respective directors, officers, employees, contractors, agents and representatives of each of the foregoing, together with their successors and permitted assigns.
- "Agreement" means the contract formed between you and the Operator under these Terms, including all documents incorporated by reference under Section 1.3.
- "Applicable Law" means, regardless of jurisdiction, any applicable law, regulation, rule, order, judgment, decree, sanction, directive or binding guidance of any governmental, regulatory, judicial or administrative body.
- "Crypto-Assets" means digital representations of value or rights that can be transferred and stored electronically using distributed ledger technology, including the Deposit Asset and Vault Shares.
- "Curator" means an independent third party who deploys and operates a Vault through the Protocol, including proposing and executing trading decisions for that Vault. Curators are not employees, agents, partners or representatives of the Operator.
- "Curator Due Diligence Policy" means the document published on the Interface describing the eligibility screening the Operator applies before a Curator may create a Vault.
- "Deposit Asset" means the stablecoin accepted by a Vault for deposits, currently USDC.e (bridged USD Coin) on Polygon PoS, as stated on the relevant Vault Sheet.
- "Emergency Powers Policy" means the document published on the Interface describing the circumstances in which the emergency functions of a Vault may be exercised, by whom, for how long, with what publication, and with what destination for the assets concerned.
- "Epoch" means a settlement cycle of a Vault during which deposit and redemption requests are queued and then settled at a net asset value determined through the Protocol's valuation process.
- "Interface" means the website, applications, APIs and other software made available by the Operator at superstrat.io and its subdomains, through which users can view information about, and interact with, the Protocol.
- "Interface Provider" means the entity that develops, hosts and maintains the Interface.
- "Prediction Market Venue" means any third-party prediction market or event-contract venue on which a Curator trades Vault assets, currently including Polymarket.
- "Protocol" means the SuperStrat smart contracts deployed on the Polygon PoS blockchain, including the vault factory, vault contracts implementing the ERC-4626 and ERC-7540 standards, and associated contracts.
- "Protocol Administrator" means the entity that deployed the factory, holds any on-chain administrative role reserved to the platform, operates the Valuation Service, and receives the Operator share of performance fees.
- "Restricted Jurisdiction" has the meaning given in the Restricted Jurisdictions Policy.
- "Restricted Person" means any person who: (i) is a citizen or resident of, is located in, is incorporated in, or has a registered office in, a Restricted Jurisdiction; (ii) is the target of any sanctions described in the Restricted Jurisdictions Policy; (iii) is owned or controlled, directly or indirectly, by, or acts on behalf of or at the direction of, any person described in (i) or (ii); (iv) the Operator reasonably determines presents a high sanctions, money laundering, terrorist financing, proliferation financing or gambling-law risk under its internal policy; or (v) is a person whose use of the Interface would be unlawful under Applicable Law, including any law applicable to prediction markets, event contracts or gambling in that person's jurisdiction.
- "Security Policy" means the document published on the Interface describing the scope and conditions of good-faith security research on the Interface and the Protocol.
- "Valuation Service" means the automated service operated by the Operator that proposes each Vault's net asset value to the Protocol before settlement, except where a Vault uses a different valuation oracle.
- "Vault" means an instance of the Protocol's vault contract created through the vault factory and operated by a Curator.
- "Vault Sheet" means the key information document published and versioned for each Vault, identifying its Curator, strategy, fee parameters, liquidity reserve, TVL cap, settlement frequency, the holder of each privileged role, and the Prediction Market Venues used.
- "Vault Shares" means the ERC-20 share tokens issued by a Vault to represent a claim on that Vault's assets in accordance with the Protocol's rules.
- "you", "your" or "User" means the natural or legal person accessing or using the Interface.
1.2. Headings are for convenience only. Words following "include", "including" or "for example" are illustrative and do not limit the preceding words. The singular includes the plural and vice versa.
1.3. The following documents form an integral part of these Terms and are incorporated by reference, in the version identified below or, for any later version, the version published on the Interface following an amendment made in accordance with Section 18: (i) the Risk Disclosure (Version 1.1.0); (ii) the Restricted Jurisdictions Policy (Version 1.1.0); (iii) the Privacy Policy (Version 1.1.0); (iv) for Curators, the Curator Terms (Version 1.1.0); (v) the Emergency Powers Policy (Version 1.0.0); (vi) the Curator Due Diligence Policy (Version 1.0.0); (vii) the Security Policy (Version 1.0.0); and (viii) for each Vault, the Vault Sheet for that Vault, in the version in force at the time your deposit request is submitted. Amendments to incorporated documents are governed by Section 18 as if they were amendments to these Terms.
In case of conflict between these Terms and a Vault Sheet with respect to the characteristics of that Vault, the Vault Sheet prevails. In case of conflict between these Terms and the Curator Terms with respect to a Curator's activity, the Curator Terms prevail. In all other cases these Terms prevail over the incorporated documents.
1.4. At the date of this version, the functions of the Interface Provider and the functions of the Protocol Administrator are both performed by the Operator. If either function is transferred to a separate legal person, the Interface will identify which entity performs which function and these Terms will be amended accordingly under Section 18.
2. Acceptance; Wallet Signature
2.1. You accept these Terms by either of the following, each of which constitutes your valid, binding consent: (i) signing the acceptance message presented by the Interface with your blockchain wallet (an EIP-712 typed-data signature over the cryptographic hash of the exact text of these Terms and their version); or (ii) clicking a button or ticking a box indicating acceptance. Merely browsing the Interface does not, by itself, constitute acceptance; however, you may not use any gated feature of the Interface without having accepted these Terms.
2.2. You agree that an electronic signature, including a wallet signature, click-wrap or tick-box action, is valid and enforceable to the same extent as a handwritten signature, and that the signed hash of these Terms is conclusive evidence of the version of the Terms you accepted and of the time of acceptance.
2.3. The wallet address used to sign is bound by these Terms with respect to all activity conducted through that address on the Interface. If you control several wallet addresses, each address you connect must accept the Terms, and these Terms bind you with respect to each of them.
2.4. If you use the Interface on behalf of a legal entity, you represent that you have full authority to bind that entity, and "you" includes that entity.
2.5. Electronic signatures, click-wrap, tick-box selections and wallet-signature confirmations constitute valid consent for all purposes to the extent permitted by Applicable Law. The Operator may retain the signature, the signed hash, the version string and the timestamp as evidence of contract formation, in accordance with the Privacy Policy.
3. Nature of the Platform; What the Operator Does and Does Not Do
3.1. Scope. These Terms govern the Interface. They do not govern, and the Operator is not a party to: (i) the relationship between you and any Curator; (ii) the operation of any Vault by its Curator; or (iii) any service provided by a Prediction Market Venue or other third party. Where a Vault is deployed or operated by the Operator or an Affiliate, the Interface identifies it as such and the additional terms applicable to that Vault are published on its Vault Sheet.
3.2. The Protocol is software. Vaults are smart contracts on the Polygon PoS blockchain. Transactions executed through the Protocol are recorded on a public blockchain and are irreversible. The Operator cannot reverse, cancel or modify an executed blockchain transaction.
3.3. Custody and administrative powers. The Operator does not hold, and cannot access, the assets and Vault Shares in your own wallet. You are solely responsible for the custody and security of your wallet, private keys and seed phrases. However, the Protocol is not trustless: (i) assets you deposit are held by the Vault smart contract and, when allocated for trading, in trading accounts controlled by the relevant Curator, as described in Section 4.3; and (ii) each Vault includes an emergency administrative function which, when the Vault is paused, allows the holder of the Vault's admin role to withdraw the Vault's entire asset balance, including assets underlying pending deposit and redemption requests and unclaimed settled redemptions, to the admin address and terminate the Vault. The admin role of a Vault is held by its Curator or, for certain Vaults, by the Operator, as stated on the Vault Sheet. The circumstances in which the emergency function may be exercised, the persons authorised to exercise it, the maximum period during which a Vault may remain paused, the publication obligations that follow, and the destination of any assets withdrawn, are set out in the Emergency Powers Policy. By depositing, you accept these custody and control characteristics.
3.4. What the Operator does. For transparency, and without assuming any obligation beyond those expressly stated in these Terms, the Operator: (i) develops and maintains the Interface; (ii) deployed the Protocol's factory and implementation contracts and operates a technical eligibility screening determining which Curators may create Vaults through the factory, performed against the published Curator Due Diligence Policy; screening is not an endorsement, an audit, a suitability assessment, or a view on any Curator's strategy, honesty or skill; (iii) operates the Valuation Service; (iv) may hold administrative or pause functions in the Protocol intended for security and operational integrity, exercised in accordance with the Emergency Powers Policy; and (v) receives a portion of the performance fees charged by Vaults, as disclosed in Section 7.
3.5. What the Operator does not do. In relation to the Interface and the Protocol, the Operator does not: (i) act as a custodian of Crypto-Assets or otherwise take possession, custody or control of any User's Crypto-Assets, other than through the emergency function disclosed in Section 3.3; (ii) provide crypto-asset services or operate as a virtual asset service provider; (iii) manage assets for any person, decide any Vault's trades, or direct, supervise or control any Curator's trading decisions; (iv) execute, approve, authorise, process, clear or settle transactions on any User's behalf; (v) act as broker, dealer, exchange, money transmitter, portfolio manager, investment fund, collective investment undertaking, alternative investment fund manager or deposit-taking institution; (vi) provide investment, legal, tax or accounting advice, suggest allocation models, advise on yield optimisation, assess any User's risk exposure, or evaluate any Vault from a financial or strategic perspective; (vii) issue, sell, distribute or market any token; (viii) possess or control private keys, store seed phrases, or maintain recovery mechanisms for any User's keys; (ix) sign transactions or initiate transfers on any User's behalf; (x) guarantee any return, any net asset value, the accuracy of any valuation, or the performance, solvency, honesty or skill of any Curator; (xi) act as a fiduciary, intermediary, agent or adviser for any User; (xii) provide any wallet service, including a custodial wallet; or (xiii) represent or warrant that any Vault, Prediction Market Venue, digital asset or activity accessible through the Interface is lawful, suitable or available in any jurisdiction. No fiduciary, advisory, agency, partnership, employment or joint-venture relationship exists between you and the Operator.
3.6. Curators are independent. Each Vault is created and operated by its Curator. The Curator's trading decisions are the Curator's alone. Any information published by a Curator on the Interface or on a Vault Sheet (including profile, track record, strategy description or commentary) is provided by the Curator, is not verified by the Operator beyond the checks described in the Curator Due Diligence Policy, and may be inaccurate. Your decision to deposit into a Vault is a decision to expose your funds to that Curator's decisions. Any dispute you may have with a Curator is between you and that Curator; you release the Operator and its Affiliates from any claim arising out of a Curator's acts or omissions, to the maximum extent permitted by Applicable Law. Where a Vault is operated by the Operator or an Affiliate, the Interface identifies it as such, and the release in this Section 3.6 does not apply to that Vault; the remaining provisions of these Terms, including Sections 11 to 13, continue to apply.
3.7. Prediction Market Venues and other third parties. Vault assets are traded on third-party Prediction Market Venues. The Operator does not operate, control or assume any responsibility for any Prediction Market Venue, blockchain network, wallet software, RPC provider, stablecoin issuer, bridge, or any other third-party service, or for their availability, rules, market resolutions or solvency. Your use of third-party services is governed solely by those third parties' terms.
3.8. Regulatory status. Nothing in these Terms or in the Interface is intended to mean that the Operator carries on any activity requiring registration, licensing, approval or authorisation under the Virtual Assets Service Providers Act, 2022 or the Securities and Investment Business Act, 2010 of the British Virgin Islands, or under the laws of any other jurisdiction.
3.9. Self-executing suspension. If the Operator determines that offering or continuing to offer the Interface, the Protocol, or any part of either, may require registration, licensing, approval, authorisation or another regulatory status in the British Virgin Islands or elsewhere, or may be unlawful in any jurisdiction, the Operator may suspend, limit, geoblock or terminate access immediately, in whole or in part, without notice and without liability.
4. Protocol Mechanics You Acknowledge
By using the Interface, you acknowledge and accept the following characteristics of the Protocol:
4.1. Asynchronous deposits and redemptions. Vaults implement the ERC-7540 asynchronous flow. Deposits and redemptions are requests that are queued and settled at the end of an Epoch, at a net asset value determined through the valuation process. You cannot withdraw instantly. There is no guaranteed settlement schedule: the time to settlement depends on the Curator's settlement decisions and on the valuation process, and settled amounts must then be claimed by you. Requests may remain pending for an extended period. The Protocol allows you to cancel a request that has not yet been settled only after seven consecutive days without any settlement of the Vault, and cancellation returns only the assets or Vault Shares held by the Vault contract for that request. The Protocol contains no forced redemption and no mechanism by which you can compel the settlement of a request, the return of assets held in a Curator's trading account, or the exit of settled assets without a settlement performed by the Curator. A Curator's settlement undertaking under the Curator Terms is a contractual promise of the Curator, not a technical guarantee.
4.2. Valuation. A Vault's net asset value reflects positions on Prediction Market Venues that may be illiquid, volatile or subject to disputed resolution. The proposed net asset value is an estimate. It may differ, including materially, from the amount actually realizable on liquidation of the Vault's positions. The Protocol does not bound a proposed value by reference to prior values; it applies only an absolute technical ceiling far above any realistic value. Settlements occur at the validated value in accordance with the Protocol's rules, and you accept the results of settlements so performed. The curator role and the oracle role of a Vault open to deposits from persons other than its Curator must be held by different persons. A Vault in which those roles are held by the same person is labelled RESTRICTED on the Interface and on its Vault Sheet, is subject to the reduced TVL cap stated on its Vault Sheet, and is not promoted on the Interface.
4.3. Trading arrangements are a disclosed trust model. Assets a Vault allocates for trading are transferred to a trading account controlled by the relevant Curator. Within the limits enforced by the Protocol (including a liquidity floor on trading allocations and role restrictions), the Curator has broad discretion over allocated assets. This is a disclosed trust model, not a technical guarantee: the Protocol does not technically prevent a Curator from losing, mismanaging or misusing allocated assets. Any additional restrictions applicable to a specific Vault are those stated on its Vault Sheet. You accept that no safeguard, technical or otherwise, eliminates the risk of Curator error or misconduct.
4.4. Fees and reserve mechanics. Each Vault applies the fee and reserve parameters stated on its Vault Sheet, including a performance fee accrued on profits above the Vault's all-time high value (high-water mark) and a liquidity reserve. Section 7 applies.
4.5. Irreversibility and finality. Once submitted to the blockchain, transactions cannot be reversed. Sending assets to a wrong address, interacting with the wrong contract, or losing your keys can result in permanent and total loss for which no one, including the Operator, can compensate you.
4.6. Audits are not guarantees. The current version of the Protocol has been the subject of security reviews, including a third-party security audit whose findings were triaged and reproduced by tests, as described in the Risk Disclosure. A review reduces, but does not eliminate, the risk of defects. Smart contracts may contain vulnerabilities, and the Protocol has previously been the target of an exploit (remediated, with funds recovered, prior to the current Protocol version). You accept the residual risk of software defects.
4.7. Prediction markets are treated as gambling in many jurisdictions. Vault assets are traded on Prediction Market Venues. As at the date of this version, competent authorities in a substantial number of countries have determined that prediction markets and event contracts constitute unlicensed gambling, and have ordered access to the principal venues to be blocked. The Restricted Jurisdictions Policy lists those countries. In several of them, holding out, operating or promoting an unlicensed gambling offer is a criminal offence, and may be an offence committed by a person who collects funds for the purpose of placing them on such a venue. You represent, each time you access the Interface, that you are not accessing it from a Restricted Jurisdiction, that you are not a Restricted Person, and that gaining exposure to prediction markets is lawful for you. Circumventing the access restrictions described in Section 5.3 is a material breach of these Terms and voids the representations you have given.
4.8. Vault Sheet. Each Vault has a Vault Sheet. It is the operative description of that Vault and prevails over these Terms as to that Vault's characteristics. Before submitting a deposit request you must read the Vault Sheet for that Vault. The Vault Sheet is versioned; the version in force when your request is submitted is the one that binds. The Interface records the version of the Vault Sheet displayed to you when you submit a deposit request.
5. Eligibility
5.1. To access or use the Interface, you must: (i) be at least 18 years old and have full legal capacity to contract, or the higher age of majority in your jurisdiction; (ii) not be a Restricted Person; (iii) not act for the benefit of, or on behalf of, a Restricted Person; and (iv) be permitted, under all law applicable to you, to use the Interface, to hold Crypto-Assets, and to gain exposure to prediction markets or event contracts.
5.2. You are solely responsible for determining that your use of the Interface is lawful in your jurisdiction. The availability of the Interface in a jurisdiction is not a representation that its use is lawful there.
5.3. The Operator applies the access restriction measures described in the Restricted Jurisdictions Policy. At the date of this version these measures consist of a restriction, based on the country derived from your IP address, of wallet connection, acceptance of these Terms and every gated action of the Interface, together with a record of the access controls applied. Where access is refused, the Interface tells you that the Interface is not available in your country. The Operator may introduce additional measures, including wallet screening, at any time and without notice, and may request information from you to verify eligibility. Attempting to circumvent any such measure, including through VPNs, proxies or misrepresentation, is a material breach of these Terms.
5.4. Each time you access or use the Interface, you repeat the representations in this Section 5 and in Section 10.
6. License; Intellectual Property
6.1. Subject to your ongoing compliance with these Terms, the Operator grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Interface for its intended purpose.
6.2. The Operator and its licensors retain all right, title and interest in and to the Interface and the Operator's intellectual property worldwide, including software, source code, design, structure, databases, algorithms, trademarks, trade names, logos and content (the "IP Rights"). Except for the license in Section 6.1, no rights are granted to you. Open-source components, including published smart contract code, remain governed by their respective licenses.
6.3. You must not, except as expressly permitted by Applicable Law or a separate written license: (i) copy, modify, distribute, sell, sublicense, frame, mirror or create derivative works of the Interface; (ii) reverse engineer, decompile or disassemble the Interface; (iii) use scraping, bots or automated extraction against the Interface; (iv) remove or alter proprietary notices; or (v) use the Operator's trademarks, names or logos, including in domain names, social media handles or advertising, without prior written consent.
6.4. Any breach of this Section 6 is a material breach of these Terms.
7. Fees
7.1. Use of a Vault is subject to the fee parameters stated on that Vault's Vault Sheet at the time of your deposit request, which include a performance fee accrued on profits above the Vault's high-water mark. Performance fees are shared between the relevant Curator and the Operator in proportions determined by the Protocol and stated on the Vault Sheet. The high-water mark is calculated at the level of the Vault and not at the level of each depositor. As a result, a depositor entering a Vault after a drawdown pays no performance fee until the Vault's prior peak is regained, while a depositor entering at a peak pays performance fees on gains from which the first depositor also benefits. The Vault Sheet states the fee rate, the split between Curator and Operator, and the accrual mechanics.
7.2. Fees are implemented by the Protocol's smart contracts and accrue in accordance with their code. In the event of any discrepancy between a description of fees on the Interface or a Vault Sheet and the operation of the smart contracts, the smart contracts govern.
7.3. You are responsible for all blockchain network (gas) fees and for any fees charged by third parties, including Prediction Market Venues, wallets and bridges.
7.4. The Operator may change the fee parameters available for newly created Vaults at any time. Fee parameters of an existing Vault are those set in its smart contract.
8. Points, Leaderboards and Promotional Programs
8.1. The Interface may display points (including "StratPoints"), leaderboards, streaks, badges or similar program features (the "Programs"). Programs are discretionary, promotional features. Points and similar units: (i) are not money, Crypto-Assets, securities or property; (ii) have no monetary value; (iii) confer no right, title, interest or expectation, including no right to any current or future token, distribution, revenue share or other award; and (iv) are not transferable.
8.2. The Operator may modify, suspend, revoke, re-calculate or terminate any Program, and any user's points or standing, at any time, for any reason, without notice or compensation, including to correct errors or address abuse. Nothing communicated inside or outside the Interface shall be construed as a promise of any token launch or airdrop.
9. Prohibited Uses
You must not, directly or indirectly:
(a) use the Interface if you are a Restricted Person or otherwise ineligible under Section 5; (b) use the Interface in breach of any Applicable Law, including anti-money laundering, counter-terrorist financing, sanctions, tax, market abuse or gambling laws; (c) use funds derived from unlawful activity, or use the Interface to launder proceeds, evade sanctions or finance terrorism; (d) circumvent or attempt to circumvent geofencing, access controls or other technical restrictions, including through VPNs or proxies, or assist anyone else in doing so; (e) exploit, or attempt to exploit, any vulnerability, bug or malfunction of the Interface or the Protocol, or use the Interface or the Protocol in any unintended manner to extract value; any value so extracted is held by you as constructive trustee for the affected parties and must be returned. Good-faith security research conducted within the scope and conditions of the Security Policy and reported promptly to security@superstrat.io without exploitation for gain is not a breach of this paragraph (e); (f) engage in market manipulation of any kind, including manipulating a Prediction Market Venue, a market resolution, or a Vault's valuation inputs; (g) misrepresent your identity, provide false information, impersonate any person, or use the Interface under false pretenses; (h) interfere with or disrupt the Interface or its infrastructure, introduce malicious code, or probe or test its security other than as permitted by paragraph (e); (i) use scraping, bots or automated tools against the Interface, except endpoints intentionally made available for programmatic access; (j) use the Interface to develop a competing product, or resell, sublicense or commercially exploit the Interface; (k) infringe any intellectual property or other rights of any person; (l) encourage or assist any third party to do any of the foregoing; (m) access or use the Interface from a Restricted Jurisdiction, or on behalf of a Restricted Person, whether or not you disclose that fact; (n) use the Interface other than for your own account, unless you have disclosed to the Operator that you act for another person and you are lawfully authorised to do so; or (o) use the Interface in a manner that breaches the terms of any Prediction Market Venue, including any restriction that venue imposes on trading for the account of third parties.
10. Your Representations and Warranties
Each time you access or use the Interface, you represent and warrant that:
(a) you meet all eligibility requirements in Section 5, and all information you provide is true, current, complete and accurate; (b) you are not a Restricted Person, are not acting for a Restricted Person, and your funds do not derive, directly or indirectly, from unlawful activity; (c) you are sophisticated in, and understand the risks of, Crypto-Assets, blockchain transactions, smart contracts and prediction markets; you have read and understood the Risk Disclosure and the Vault Sheet of any Vault you deposit into; and you have had the opportunity to seek independent professional advice; (d) you understand that the Operator provides no advice of any kind and makes no representation as to the merits of any Vault or Curator; (e) any decision to deposit is yours alone, based on your own evaluation, and you can bear the total loss of everything you deposit; (f) you are in compliance with all tax obligations applicable to you and are solely responsible for determining, reporting and paying any taxes arising from your use of the Interface and the Protocol; (g) you maintain the security of your wallet and devices, including up-to-date malware protection, and you accept that any instruction signed by your wallet keys is attributable to you and binding on you, whether or not authorized by you; (h) you will not rely on the Interface as your record of positions; blockchain state prevails over any display on the Interface; (i) gaining exposure to prediction markets and event contracts is lawful for you in the place where you are and in the place where you reside; and (j) you will promptly cease using the Interface if any of the above ceases to be true.
11. Assumption of Risk
11.1. You acknowledge that using the Protocol involves a high degree of risk, including the risks set out in the Risk Disclosure, which include, without limitation: total loss of deposited assets; smart contract defects and exploits; Curator error, negligence or misconduct within the limits of the Protocol's safeguards; exercise of the emergency administrative powers described in Section 3.3; inaccurate or disputed valuations; illiquidity and settlement delay inherent in asynchronous Epoch mechanics, with no forced exit; risks of Prediction Market Venues, including disputed or erroneous market resolutions and regulatory action against those venues; stablecoin de-peg and bridge risks affecting USDC.e; Polygon network failures and reorganizations; loss of keys; regulatory action; and Interface unavailability.
11.2. You assume all risks of using the Interface and the Protocol. The Operator does not insure, guarantee or underwrite any deposit, Vault or outcome. Deposits are not bank deposits, are not insured or guaranteed by any government scheme, deposit insurance or investor compensation scheme, and are not obligations of the Operator.
12. Disclaimers
12.1. THE INTERFACE, THE PROTOCOL, THE VALUATION SERVICE AND ALL RELATED SERVICES AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY OR UNINTERRUPTED OPERATION, ALL OF WHICH ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.2. Without limiting the foregoing, the Operator does not warrant that: (i) any information displayed on the Interface or on a Vault Sheet (including net asset values, performance figures, Curator information or points) is accurate, complete or current; (ii) the Interface or the Protocol will be secure, error-free or available; or (iii) any defect will be corrected.
12.3. Nothing on the Interface constitutes an offer, solicitation or recommendation to buy or sell any asset, or investment, legal, tax or other advice. Historical performance of any Vault or Curator is not indicative of future results.
13. Limitation of Liability
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR AND ITS AFFILIATES SHALL NOT BE LIABLE FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; (ii) ANY LOSS OF PROFITS, REVENUE, VALUE, GOODWILL, DATA OR OPPORTUNITY; OR (iii) ANY LOSS OF, OR INABILITY TO ACCESS, CRYPTO-ASSETS, ARISING OUT OF OR IN CONNECTION WITH THE INTERFACE, THE PROTOCOL, ANY VAULT, ANY CURATOR, ANY PREDICTION MARKET VENUE, ANY VALUATION, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR AND ITS AFFILIATES, TAKEN TOGETHER, TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE INTERFACE SHALL NOT EXCEED THE GREATER OF: (i) THE UNITED STATES DOLLAR VALUE, AT THE TIME OF RECEIPT, OF THE FEE SHARES ACTUALLY RECEIVED BY THE OPERATOR FROM THE VAULT OR VAULTS IN WHICH YOU HELD DEPOSITS, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (ii) ONE HUNDRED (100) UNITED STATES DOLLARS. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR AND ITS AFFILIATES TO ALL USERS TAKEN TOGETHER, IN RESPECT OF ALL CLAIMS ARISING OUT OF THE SAME EVENT OR SERIES OF CONNECTED EVENTS, SHALL NOT EXCEED TWENTY-FIVE THOUSAND (25,000) UNITED STATES DOLLARS, SHARED AMONG THE USERS CONCERNED IN PROPORTION TO THEIR ESTABLISHED LOSSES. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT ENLARGE THESE LIMITS, AND YOU CANNOT RECOVER MORE THAN ONCE FOR THE SAME LOSS ACROSS THE OPERATOR AND ITS AFFILIATES.
13.3. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be excluded or limited under Applicable Law. Section 20.10 applies to consumers.
13.4. You acknowledge that the disclaimers, risk allocations and limitations in these Terms are a fundamental basis of the bargain, without which the Operator would not make the Interface available free of subscription charge, and that they survive failure of essential purpose of any limited remedy.
13.5. Waiver of injunctive and other equitable relief. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHERE MONEY DAMAGES WOULD BE AN ADEQUATE REMEDY, YOU AGREE NOT TO SEEK, AND ARE NOT ENTITLED TO, ANY INJUNCTION OR OTHER EQUITABLE RELIEF THAT WOULD INTERFERE WITH OR STOP THE DEVELOPMENT, OPERATION OR USE OF THE INTERFACE OR THE PROTOCOL. NOTHING IN THIS SECTION LIMITS ANY RIGHT TO SEEK EQUITABLE RELIEF FOR FRAUD OR WILFUL MISCONDUCT, OR WHERE MONEY DAMAGES WOULD NOT BE AN ADEQUATE REMEDY UNDER APPLICABLE LAW.
14. Indemnification
To the maximum extent permitted by Applicable Law, you shall indemnify, defend and hold harmless the Operator and its Affiliates from and against all claims, demands, actions, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms or of Applicable Law; (ii) your use or misuse of the Interface or the Protocol; (iii) any inaccuracy in your representations and warranties; (iv) your violation of any third party's rights; or (v) any tax obligation of yours. The Operator may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate. This Section survives termination.
15. Suspension, Termination and Interface Changes
15.1. The Operator may suspend, restrict, disable or terminate your access to all or part of the Interface at any time, with or without notice, including where the Operator reasonably believes that: (i) you have breached these Terms or Applicable Law; (ii) your use creates risk to the Operator, the Interface, other users or any third party; (iii) it is required to do so by law or by a competent authority; (iv) Section 3.9 applies; or (v) it stops offering all or part of the Interface.
15.2. Suspension or termination of Interface access does not, by itself, affect assets held in the Protocol's smart contracts, which remain governed by the code of those contracts and may remain accessible through direct on-chain interaction.
15.3. The Operator may modify, pause, or discontinue the Interface (in whole or in part) at any time. Where a change is material and it is reasonably practicable to do so, the Operator will endeavour to give advance notice through the Interface. The Operator has no obligation to maintain or update the Interface.
15.4. Provisions that by their nature should survive termination survive it, including Sections 3 to 6, 9 to 14, 16, 17, 19 and 20.
16. Taxes
You are solely responsible for determining whether, and to what extent, any taxes apply to your activity in connection with the Interface and the Protocol, and for withholding, collecting, reporting and remitting the correct amounts to the appropriate authorities. The Operator has no obligation to determine, report or pay your taxes and provides no tax advice.
17. Privacy and Compliance Data
17.1. Personal data is processed in accordance with the Privacy Policy. The Interface interacts with public blockchains: wallet addresses and transactions are public, permanent and outside the Operator's control.
17.2. The Operator derives your country from your IP address to apply the access restrictions described in Section 5.3 and keeps a record of the access controls applied. The Operator may in addition use blockchain intelligence providers to screen wallet addresses and transactions for sanctions, fraud and financial crime risk, limited to what is reasonably necessary for compliance and security; the Privacy Policy states whether such screening is applied. The Operator may restrict access based on the results of such measures and may retain, disclose and share information with competent authorities, including financial, sanctions and gambling regulators and law enforcement, where required by Applicable Law. Such processing is carried out on the legal bases described in the Privacy Policy.
18. Amendments; Re-acceptance
18.1. The Operator may amend these Terms at any time, including to reflect changes in law, in the Interface, or in the Protocol. The current version, its version number, its date of last revision and its cryptographic hash are published on the Interface.
18.2. Amended Terms take effect upon publication. Where you have previously accepted the Terms by wallet signature, the Interface will present the amended Terms for re-acceptance before you next use gated features. If you do not agree with the amended Terms, your sole remedy is to stop using the Interface and, if applicable, redeem and claim your assets through the Protocol.
18.3. An amendment to a document incorporated by reference, including the Restricted Jurisdictions Policy, is an amendment governed by this Section 18 and takes effect on publication of the amended document on the Interface.
19. Governing Law and Dispute Resolution
19.1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the use of the Interface, are governed by the laws of the British Virgin Islands, excluding its conflict-of-law rules.
19.2. Arbitration. Any dispute, claim or controversy arising out of or in connection with these Terms or the use of the Interface, including any question regarding their existence, validity or termination, shall be finally resolved by binding arbitration administered by the BVI International Arbitration Centre under its arbitration rules in force at the time of the request for arbitration, before a sole arbitrator. The seat of arbitration is Road Town, Tortola, British Virgin Islands. The language of the arbitration is English. The parties agree that the existence of the arbitration, the proceedings, the submissions and the award are confidential, except as required to enforce the award or by Applicable Law. Judgment on the award may be entered in any court of competent jurisdiction.
19.3. Class action waiver. To the maximum extent permitted by Applicable Law, you and the Operator agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding, and that the arbitrator has no authority to consolidate claims of different Users or to preside over any form of class or representative proceeding.
19.4. Jury waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT IS NOT SUBJECT TO ARBITRATION UNDER SECTION 19.2.
19.5. Any claim you may have arising out of or relating to these Terms or the Interface must be commenced within one (1) year after the cause of action arose, failing which it is permanently barred, except where a longer non-waivable period applies under Applicable Law.
19.6. Service. To the extent permitted by the applicable rules, notices of legal proceedings, requests for arbitration and related documents may be served on you by email at any address you have provided, or by any other method permitted by those rules. Nothing in this Section displaces any mandatory rule regarding service of originating process or service out of the jurisdiction.
20. General Provisions
20.1. Force majeure. The Operator is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, labour disputes, internet or infrastructure failures, denial-of-service attacks, blockchain network failures, forks or congestion, power outages, cyberattacks, pandemics, regulatory action against a Prediction Market Venue, or acts of any government or authority.
20.2. Assignment. You may not assign or transfer any rights or obligations under these Terms without the Operator's prior written consent; any attempt is void. The Operator may assign or transfer these Terms, in whole or in part, at any time without notice, including to the company upon its incorporation, or in connection with a merger, acquisition, corporate reorganization or sale of assets.
20.3. Third-party beneficiaries. The Affiliates are intended third-party beneficiaries of these Terms and may enforce the provisions that confer benefits on them, subject to all limitations, exclusions and defences in these Terms. Except as stated in this Section, no other person has rights under these Terms.
20.4. Severability. If any provision of these Terms is held unlawful, void or unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in full force.
20.5. No waiver. A failure to enforce any right or provision is not a waiver of that right or provision. Remedies are cumulative.
20.6. Entire agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and the Operator regarding the Interface and supersede all prior agreements and understandings on that subject.
20.7. No partnership or agency. Nothing in these Terms creates any partnership, joint venture, employment, franchise, fiduciary or agency relationship between you and the Operator, or between you and any Curator on the Operator's behalf.
20.8. Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version prevails to the extent permitted by Applicable Law.
20.9. Notices. The Operator may give notices through the Interface or to any contact details you provide; notices are effective upon publication or dispatch. You may contact the Operator at legal@superstrat.io.
20.10. Consumers. If you are a consumer resident in a jurisdiction that grants mandatory rights or warranties that cannot be excluded, the disclaimers, exclusions and limitations in these Terms apply only to the extent permitted by that law, and these Terms are to be interpreted so as to comply with those rights to the minimum extent required. If you are a consumer resident in a jurisdiction granting mandatory rights to bring or defend claims in your local courts, nothing in Section 19 limits those non-waivable rights.
SuperStrat Terms of Use, Version 1.1.0. The authoritative version of this document and its cryptographic hash are published at superstrat.io/terms.