Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you and PolyTrackers LLC ("PolyTrackers," "we," "us," or "our") governing your access to and use of the PolyTrackers websites, applications, APIs, bots, and related services (collectively, the "Service"). By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not access or use the Service.

These Terms incorporate by reference our Privacy Policy, our AI & Agent Policy, and any risk disclosures we make available, including the in-app Risk Acknowledgment you must accept before using automated or trading features and the Copy-Trading Disclosure you must accept before enabling real-money copy trading. If you use the Service on behalf of an entity, you represent that you are authorized to bind that entity, and "you" refers to that entity.

In these Terms, "PolyTrackers Parties" means PolyTrackers, its affiliates, and their respective officers, directors, employees, contractors, agents, suppliers, licensors, and service providers. The disclaimers, limitations of liability, releases, and indemnities in these Terms apply for the benefit of all PolyTrackers Parties.

2. Eligibility & Prohibited Jurisdictions

You must be at least 18 years old and have the legal capacity to enter into a binding contract.

You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive sanctions, or if you are an individual or entity identified on any sanctions or restricted-party list (including, without limitation, lists maintained by the U.S. Office of Foreign Assets Control (OFAC), the United Nations, the European Union, or the United Kingdom). You represent and warrant that you are not such a person and will not use the Service on behalf of one.

Polymarket's own Terms of Use restrict who may trade and prohibit certain persons (including U.S. persons) from trading. You are solely responsible for determining whether your use of the Service and of any venue such as Polymarket is lawful in your jurisdiction, and for complying with those venues' terms and all applicable laws, rules, and regulations. We do not represent that the Service is appropriate or available for use in any particular location.

3. Description of Services

PolyTrackers provides software, market data, and analytics for prediction markets, including whale tracking, anomaly detection, alerts, paper trading, and automated and copy-trading tooling that can submit orders to third-party venues such as Polymarket on your instruction.

The Service is a software tool only. We are not a counterparty to any trade, are not a prediction-market operator, and do not pool or control user funds. Features, availability, supported venues, and supported wallet and signing arrangements may change, be suspended, or be discontinued at any time without liability to you.

4. Custody, Wallets & Trading Credentials

We do not hold, pool, or take custody of your cryptocurrency or fiat funds. Your funds remain on the applicable blockchain and/or with the applicable prediction-market venue or third-party custodian.

However, to execute trades on your behalf, the Service generates, stores, and uses trading credentials and signing material associated with your account. Depending on the wallet and signing option you select, this may include venue API credentials (such as Polymarket CLOB API keys, secrets, and passphrases), references to third-party signing or custody providers, smart-contract wallet metadata, and, for certain configurations, encrypted wallet private keys. We encrypt this material at rest and use it on our servers to create, sign, submit, or cancel orders according to your instructions and configured settings.

Because the Service stores and uses credentials and/or signing material capable of placing or cancelling orders, you acknowledge that the Service is not fully non-custodial with respect to trading authority, and that loss, misuse, or compromise of such material — whether on our systems, your devices, or a third party's — could result in unauthorized orders, loss of funds, or other loss. Your use of any third-party wallet, custodian, or signing provider is also subject to that provider's own terms, and the PolyTrackers Parties are not responsible for their acts, omissions, security, solvency, or availability.

5. Automated & Copy Trading — Authorization & Assumption of Risk

If you enable automated, scheduled, or copy-trading features, you authorize PolyTrackers and its systems to create, sign, submit, and cancel orders on your behalf, automatically and without separate confirmation for each order, using the credentials and settings associated with your account, until you disable the feature or revoke the authorization. This authorization operates while you are offline: our servers sign and submit orders without you being present, using the signing authority you delegated when activating live trading.

Real-money copy trading additionally requires your separate, explicit acceptance of the then-current Copy-Trading Disclosure, which is presented in-app when you enable the feature and is incorporated into these Terms by reference. We record each acceptance (including the disclosure version and a timestamp). If we materially update the Copy-Trading Disclosure, automated copy execution is paused for your account until you accept the updated version. Copy execution may also pause automatically when your delegated signing authority expires, when a configured limit or circuit breaker trips, or when you disable the feature; disabling stops new orders but does not cancel open orders or close existing positions.

Traders and wallets you choose to copy are unaffiliated third parties. We do not select, endorse, vet, or supervise them; their activity may be mistaken, manipulative, or unsuitable for you; and your copies may execute later than, at materially different prices than, or in different sizes than the original trades.

Automated systems may act on stale, delayed, incorrect, or incomplete data; may execute trades you did not specifically intend; may duplicate, miss, delay, or partially fill orders; and may execute at prices materially different from those displayed (slippage). Risk controls such as spending limits and circuit breakers are provided on a best-effort basis, may fail or be bypassed, and do not guarantee that losses will be limited.

You assume all risk of, and accept full and sole responsibility for, every order placed through your account, whether initiated manually, automatically, or by copying another trader, and for the settings, limits, and authorizations you configure.

6. No Investment, Financial, Legal, or Tax Advice; Regulatory Status

The Service provides software tools and information only. Nothing on or provided through the Service is, or should be construed as, financial, investment, legal, accounting, or tax advice, or a recommendation or solicitation to buy, sell, or hold any position, asset, or instrument. We do not provide recommendations to buy, sell, or hold any position.

PolyTrackers is not a broker, dealer, broker-dealer, futures commission merchant, investment adviser, exchange, prediction-market operator, money services business, money transmitter, or fiduciary, and is not registered as any of the foregoing with any regulator. We do not manage accounts or exercise discretion over your trading decisions. You are solely responsible for your own trading decisions and for conducting your own independent research and due diligence.

7. Fees

PolyTrackers charges a trading fee of 0.25% of the notional value of each real-money order placed through the Service that takes liquidity — that is, an order that fills immediately against a price already resting on the venue's order book. Orders that instead rest on the book and are filled later ("maker" orders) are currently charged 0%. The trading fee applies to every real-money order that takes liquidity, whether you place that order yourself or it is placed automatically on your behalf by an automated, scheduled, or copy-trading feature. Paper (mock) trading is free and carries no trading fee.

The fee is calculated as the notional value of the order multiplied by the applicable rate. It is assessed and collected by Polymarket through its builder-fee mechanism, using the builder attribution code associated with PolyTrackers, and is remitted to us. It is separate from and additional to any fee, spread, or other cost charged to you by Polymarket or by any other venue, network, custodian, or third party, including gas and network fees.

The trading fee is separate from any subscription fee for a paid plan. Subscription fees are described on our pricing page and are billed by our payment processor. Purchasing, upgrading, or cancelling a plan does not reduce, offset, or waive the trading fee, and no plan is exempt from it.

We may change our fee rates. Any change applies prospectively, to orders placed after the change takes effect, and we will update these Terms and the fee information shown in the Service to reflect the then-current rates. Your continued use of real-money trading after a change takes effect constitutes your acceptance of the new rate. Trading fees are earned when an order fills and are not refundable, including where a market is later voided, resolves against you, or resolves in a manner you dispute.

8. Taxes

You are solely responsible for determining, reporting, and paying any and all taxes, duties, and similar governmental assessments that may apply to your use of the Service or to any gains, losses, or transactions you make. The PolyTrackers Parties are not responsible for withholding, collecting, reporting, or remitting any taxes arising from your activity.

9. Risk Acknowledgment; Blockchain & Market Risks

Prediction markets and digital-asset trading involve substantial risk, including the risk of total loss of funds. Past performance, tracked-wallet history, backtests, signals, anomaly scores, and analytics do not guarantee future results and may be inaccurate or incomplete.

You further acknowledge risks inherent in blockchains and digital assets, including but not limited to: irreversibility of on-chain transactions; network congestion, gas fees, failed transactions, forks, and reorganizations; smart-contract bugs, exploits, and vulnerabilities (including in venues, wallets, and custodians we integrate with but do not control); volatility and illiquidity; de-pegging or failure of stablecoins; and changes in law or regulation that may restrict or render unlawful your access to the Service or to prediction markets. You accept all such risks.

10. Technical Risks & Bugs

Software, including automated trading systems, may contain bugs or experience errors, delays, downtime, duplicate or missed trades, execution failures, data inaccuracies, price slippage, or other problems. The Service depends on systems, networks, and venues we do not control.

To the maximum extent permitted by law, the PolyTrackers Parties are not liable for any loss arising from software bugs, errors, latency, network or blockchain issues, API or webhook failures, infrastructure outages, third-party failures, data inaccuracies, or any other technical problem, whether or not foreseeable.

11. Security; No Liability for Unauthorized Access

We implement measures designed to protect the Service and the data, credentials, and signing material we store, including encryption of sensitive material at rest. However, no system, network, or method of transmission or storage is or can be made completely secure, and we do not and cannot guarantee the security of the Service, your account, or any data, funds, credentials, or signing material.

To the maximum extent permitted by law, the PolyTrackers Parties are not liable for any loss or damage arising from or relating to: unauthorized access to or use of the Service or your account; hacking, phishing, social engineering, malware, or credential theft; security or data breaches or exfiltration; compromise of trading credentials, API keys, signing material, private keys, or third-party wallets or custodians; exploitation of smart contracts or blockchain protocols; or any other security incident, whether or not resulting from our negligence, except to the extent such liability cannot be excluded under applicable law.

You are responsible for maintaining the security and confidentiality of your account credentials, devices, email, and authentication factors, and for promptly notifying us at support@polytrackers.com of any suspected unauthorized access or compromise.

12. Third-Party Services & Dependencies

The Service relies on, links to, and interoperates with third parties that we do not control, including Polymarket and other venues, blockchain networks, wallet and custody providers, signing providers, RPC and data providers, payment processors, and the infrastructure providers listed in our Privacy Policy. We do not endorse and are not responsible for the content, products, services, acts, omissions, fees, availability, solvency, or security of any third party.

Your dealings with, and any terms you accept from, such third parties are solely between you and that third party. To the maximum extent permitted by law, the PolyTrackers Parties are not liable for any loss arising from the acts, omissions, downtime, insolvency, changes, suspension, discontinuation, or failures of any third party, including the failure, halting, resolution, or mispricing of any market or the loss of access to any venue, wallet, or custodian.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE POLYTRACKERS PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or accurate; that defects will be corrected; that data, signals, or analytics are reliable or complete; or that any trade will be executed, executed at any particular price or time, or be profitable. No advice or information, whether oral or written, obtained from the Service or from any PolyTrackers Party creates any warranty not expressly stated in these Terms.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE POLYTRACKERS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, TRADING LOSSES, LOST OR MISSED OPPORTUNITIES, LOSS OF FUNDS OR DIGITAL ASSETS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The PolyTrackers Parties are not responsible for trading losses or missed opportunities of any kind.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE POLYTRACKERS PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO POLYTRACKERS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you; in those jurisdictions, the PolyTrackers Parties' liability is limited to the smallest extent permitted by law. These exclusions and limitations apply regardless of the form of action and survive any failure of essential purpose of any limited remedy.

15. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the PolyTrackers Parties from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Service; (b) any trade, order, or transaction made through your account; (c) your violation of these Terms or of any applicable law, rule, or regulation; (d) your violation of the terms of, or your use of, any third-party service, including Polymarket; (e) your violation of any rights of a third party; (f) your content, instructions, settings, or credentials; or (g) your negligence, fraud, or willful misconduct.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us. You will not settle any matter that imposes any obligation or liability on, or requires any admission by, any PolyTrackers Party without our prior written consent.

16. User Responsibilities & Acceptable Use

You are responsible for: maintaining the security and confidentiality of your account, credentials, devices, email, and authentication factors; the accuracy of the wallet addresses, settings, limits, and instructions you provide; complying with all applicable laws and with the terms of every venue and third party you use through the Service; understanding the risks of prediction markets and digital assets; and conducting your own independent research before acting.

You agree not to: use the Service for any unlawful, fraudulent, or abusive purpose; circumvent or exceed rate limits, access controls, bot detection, or authentication; access the Service or other users' accounts or data without authorization; reverse engineer, scrape, or interfere with the Service except as expressly permitted; use the Service to launder money, evade sanctions, or finance illicit activity; or use the Service in violation of any venue's terms or applicable law. Automated access is additionally governed by our AI & Agent Policy.

17. Termination & Survival

We may suspend, restrict, or terminate your access to the Service at any time, with or without notice or cause, including to protect the Service or comply with law. You may stop using the Service at any time. Termination does not relieve you of obligations accrued before termination.

Provisions that by their nature should survive termination will survive, including (without limitation) those concerning custody and credentials, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous terms.

18. Governing Law; Arbitration; Class-Action & Jury-Trial Waiver

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Nevada, USA, without regard to its conflict-of-laws rules and, where applicable, the U.S. Federal Arbitration Act.

Except where prohibited by law, you and PolyTrackers agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules, seated in the State of Nevada, USA, rather than in court — except that either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or to address unauthorized access or misuse of the Service.

CLASS-ACTION AND JURY-TRIAL WAIVER. To the maximum extent permitted by law, you and PolyTrackers agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and that any arbitration will be conducted only on an individual basis. You and PolyTrackers each waive any right to a jury trial. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the remainder of this section will continue to apply.

Nothing in this section limits applicable mandatory consumer-protection rights that cannot be waived under the law of your country of residence.

19. Changes to Terms

We may modify these Terms from time to time. We will post the updated Terms with a revised effective date and, for material changes, provide reasonable advance notice before they take effect (for example, by posting on the Service or by email), with the amount of notice appropriate to the nature of the change.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.

20. Miscellaneous

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

Entire Agreement; No Waiver. These Terms, together with the Privacy Policy, the AI & Agent Policy, and any risk disclosures and posted policies, are the entire agreement between you and PolyTrackers regarding the Service and supersede prior agreements. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, without restriction. These Terms bind permitted successors and assigns.

Force Majeure. The PolyTrackers Parties are not liable for any delay or failure to perform resulting from causes beyond their reasonable control, including acts of God, war, terrorism, civil unrest, labor conditions, governmental or regulatory action, internet, network, blockchain, hosting, or third-party failures, and cyberattacks.

No Third-Party Beneficiaries, except that the PolyTrackers Parties are intended beneficiaries of the disclaimers, limitations, releases, and indemnities in these Terms. Section headings are for convenience only and do not affect interpretation.

21. Contact

For questions about these Terms, contact us at legal@polytrackers.com.