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Terms of Service

Last updated: January 25, 2025

1. Acceptance of Terms

By accessing or using ProbIntel's API services, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services.

2. Description of Services

ProbIntel provides multi-platform prediction market data intelligence through APIs and data feeds, covering Polymarket, Kalshi, Opinion.trade, and other prediction markets. Our Services include:

  • Real-time market data and odds tracking across all platforms
  • Cross-platform sharp money and whale tracking alerts
  • Sentiment analysis and market signals
  • Historical data and analytics

3. Account Registration

To access certain features of the Services, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use
  • Accept responsibility for all activities under your account

4. API Usage

Your use of our APIs is subject to the following conditions:

  • You must use API keys only for authorized purposes
  • Rate limits must be respected as specified in your plan
  • You may not resell or redistribute raw API data without permission
  • Automated systems must identify themselves appropriately

For detailed API terms, please see our API Terms of Service.

5. Fees and Payment

Subscription fees are billed monthly in advance. All fees are non-refundable except as required by law. We reserve the right to modify pricing with 30 days notice.

6. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, and software, are owned by ProbIntel and are protected by intellectual property laws.

7. No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement
  • Warranties arising from course of dealing or usage of trade
  • That the Services will be uninterrupted, timely, secure, or error-free
  • That defects will be corrected
  • That the Services are free of viruses or other harmful components
  • The accuracy, reliability, or completeness of any content or data

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROBINTEL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Disclaimer of Financial Advice

PREDICTION MARKET DATA IS SPECULATIVE AND NOT FINANCIAL ADVICE. The data and information provided through our Services are for informational and entertainment purposes only. You acknowledge and agree that:

  • ProbIntel is not a financial advisor, broker, or investment advisor
  • Our data does not constitute financial, investment, trading, or legal advice
  • You should not rely on our Services for making financial decisions
  • Prediction markets involve significant risk of loss
  • Past performance does not guarantee future results
  • You are solely responsible for evaluating the merits and risks of any decisions

YOU ASSUME FULL RESPONSIBILITY FOR ANY TRADING OR INVESTMENT DECISIONS YOU MAKE BASED ON DATA FROM THE SERVICES.

9. Zero Liability & Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBINTEL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • FINANCIAL LOSSES FROM TRADING OR INVESTMENT DECISIONS BASED ON OUR DATA
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, DATA BREACHES, OR SECURITY INCIDENTS
  • SERVICE INTERRUPTIONS, ERRORS, BUGS, OR INACCURACIES IN DATA
  • THIRD-PARTY CONDUCT OR CONTENT
  • ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF PROBINTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: In no event shall ProbIntel's total liability to you for all damages, losses, and causes of action exceed the amount you paid to ProbIntel in the twelve (12) months preceding the claim, or $100 USD, whichever is less.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

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

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Trading or investment decisions you make based on data from the Services

11. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution

Before filing a claim, you agree to contact us at support@probintel.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted remotely via videoconference.

Class Action Waiver

YOU AND PROBINTEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights.

12. Termination

We may terminate or suspend your access to the Services immediately, at any time, with or without cause, with or without notice, and without liability. Upon termination:

  • Your right to use the Services will immediately cease
  • You must cease all use of the Services and delete any cached data
  • All provisions that by their nature should survive termination shall survive, including but not limited to disclaimers, limitation of liability, and indemnification
  • No refunds will be provided for any prepaid fees

13. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will notify users of material changes via email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services immediately.

14. Governing Law & Jurisdiction

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. Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

15. 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 so that these Terms shall otherwise remain in full force and effect and enforceable.

16. Entire Agreement

These Terms, together with the Privacy Policy and API Terms of Service, constitute the entire agreement between you and ProbIntel regarding the Services and supersede all prior agreements and understandings, whether written or oral.

17. No Reliance

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY STATEMENT, PROMISE, REPRESENTATION, ASSURANCE, OR WARRANTY MADE BY PROBINTEL EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.

18. Contact

For questions about these Terms, please contact us at:

Email: support@probintel.com

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